European Nintendo Digital Pre-Order Cancellation Case Dismissed

Super Mario Sunshine

The case against Nintendo in Europe, regarding Nintendo not allowing cancellation of pre-orders of digital games, has been dismissed.

Pressfire reports (via r/NintendoSwitch and Silicon Era) that the case began in February, 2018. Within the European Union, Consumer Rights Directive laws state consumers are granting refunds under numerous conditions, including cancelling pre-orders for even digital products (up to 14 days from the date of purchase). This was the Norwegian Consumer Council’s position (NCC).

In spite of this, Nintendo claimed that the European eShop was “fully compliant with European laws relating to the statutory rights of consumers.”

Nintendo have infamously refused to issue refunds pre-orders for digital games, with only two notable exceptions in 2019 due to mass outcry of controversies.

Pokemon Sword and Shield drew controversy after it was confirmed not all Pokemon would be in the game, preventing them from being transferred. Fans were outraged when the news was first announced, pushing both “Dexit” and “BringBackNationalDex” hashtags on social media.

Meanwhile, Nintendo confirmed Tokyo Mirage Sessions ♯FE Encore would be based on the western censored version, even in Japan. Nintendo later apologized, and allowed those in Japan who had pre-ordered the game to cancel their pre-order and get a refund.

While the NCC stated that the eShops terms were that all purchases were final, Nintendo claimed that found it acceptable if “the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader.”

The German Consumer Protection Authority (GCPA) got involved in December 2019, as Nintendo of Europe is based in Frankfurt, Germany (and therefore the correct jurisdiction).

Judge Isabel Jahn confirmed to Pressfire that the case had been dismissed, with the GCPA’s ombudsman paying the court costs. The ruling was immediately appealed against. Silicon Era notes that it could take over a year before the appeal case continues.

Image: Super Mario Sunshine (via Mario Wiki)

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Ryan was a former Niche Gamer contributor.

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