Nintendo wins court case against Germany and Norway, inability to cancel pre-orders deemed legal

The Norwegian Consumer Council raised issues with Nintendo over the inability to cancel eShop pre-orders in February 2018. Following that, the German Consumer Protection Authority (VZBV) took Nintendo to court at the end of the year. A verdict has now been reached, and Nintendo has won the case.

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Fluttershy7725d ago

I don't see how Nintendo or anyone really could win a case like this... you should be able to change your mind up until the moment you actually get the product (particularly when so many times what is advertised in the pre-orders change by the time of its release)
If this become an extended practice some developers would only care about creating hype for the product in order to pump pre-orders (ha ha that is: even more)

Christopher25d ago (Edited 25d ago )

It's likely to do with the subtleties of contract law. If Germany/Norway wanted that to change, they would have to make a law that says agreeing to such things, digital pre-order contracts that say they're non-refundable, would be inadmissible in Germany/Norway. Seems like, currently, such a law doesn't exist, making such clauses viable at this time.

So, if you want this to change, get your German/Norway politicians to vote to change contract law to make it inadmissible. Nintendo would likely still keep such language in their contracts under the severability clause that would invalidate it if your country had a law against it.

In the U.S. this is a state-by-state issue as well.

Edit: Added specific "digital pre-orders" as contract laws do differ from digital and non-digital products for contracts let alone from software to non-digital.

sprinterboy25d ago (Edited 25d ago )

Just don't pre order, nothing apart from gta ever gets sold out day 1 anyway.
Plus the pre order incentives our shite anyway 1000 points for online, character skin (unlockable while playing the game for 10 mins) etc

b00mFargl325d ago

Just don't pre order digital. Buy it when it comes out digital.

Muzikguy25d ago

This does seem like a lame practice even if there's no law against it. Why does there have to be a law to not be a douchebag about this stuff? And people often wonder why we have government or assume companies aren't bad. Even Nintendo is guilty, but hey, there really is no reason to preorder digital games. Not like they're going to run out.

rainslacker24d ago

Yeah. I think just as a company that small concession would be good for their customers. Doesnt the eu already require that customers be able to refund or trade digital goods? I think the latter, steam got around somehow, but I dont see a problem with a decent refund policy, and those that abuse it can easily be cut off.

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Thundercat7725d ago

Expect lower pre-orders then.

Agent_00_Revan25d ago

Exactly. What's the point of pre-ordering digital on the Switch? On PC and other consoles I understand with the ability to preload. But I just don't see the need on Switch.

Batchild2725d ago

Totally stupid law but as its written this makes sense.

locomorales25d ago ShowReplies(2)
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