Nintendo eShop refund policy canceled after losing court appeal

Nintendo lost a lawsuit against them by a German consumer advocacy group, with a court ruling that the eShop’s policy for pre-order refunds is illegal.

A recent refusal to appeal to court by Nintendo may change their current eShop pre-order refund policy, which states that refunds can only be made up to 7 days prior to game release. The game company is no stranger to litigation, one of the numerous lawsuits brought against Nintendo in recent years. This most recent decision aims to improve the rights of Nintendo Switch customers by making their refund policies more in line with the refund policies of other companies.

The increase in pre-orders and downloads of digital games in recent years has created uncharted legal territory for game developers, with companies often varying their policies on refunds for digital products. For a long time after the console’s release, the Nintendo eShop offered no refund options for digital pre-orders of future versions – Nintendo would immediately take payment from the user, offering no recourse if it later decided that ‘he didn’t want to buy the game. Nintendo changed its eShop policy in September 2020, allowing players to request refunds for their purchases up to 7 days before the game’s release.

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European consumer groups challenged this policy in 2018, with the Norwegian Consumer Council filing a complaint against Nintendo that year, ultimately joined by the Federation of German Consumer Organizations – known as VZBV – in a claim against Nintendo that year. legal proceedings against the company. Initially, this case looked like a victory for Nintendo, as it was reported that the German court had ruled in Nintendo’s favor, dismissing the case. However, Nintendo’s life reported today that the appeal of the VZBV case was successful, with the court ruling stating that, “Nintendo had excluded the right of withdrawal and invoked a legal exception. However, the preconditions for the right of withdrawal were not met, the download made available after the pre-order does not yet contain a usable game. Until the release date, the game is worth nothing to buyers and Nintendo’s contract is by no means fulfilled.. “This flies in the face of Nintendo’s argument that the return policy was fair because players could pre-load the games after the pre-order ended, thus fulfilling the sales contract.



This legal result has so far not been contested by Nintendo, although no changes to the return policy appear to have been made at this time – Nintendo still indicates on its website that returns can be made until 7 days before a game’s release. However, based on the outcome of this case, the company may now be forced to implement an updated policy in the near future. The case could set a precedent for how digital game sales are handled, now that a court has ruled that pre-ordered content does not amount to product returned to the customer.

Refund issues for video game buyers have been a long-standing issue in the gaming community, with refund policies varying widely between different retailers, which many gamers find unfair. Some companies like GOG have very lenient refund policies, while others like Nintendo have only recently started to relax their strict rules on returns. This case aimed to improve the rights of consumers of Nintendo Switch users, and with this new verdict, it looks like it will do just that.


Next: Pokémon Sword And Shield Does Not Refund Players For Purchasing Wrong DLC

Sources: Nintendo’s life

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