Games

Nintendo loses lawsuit over Eshop pre-orders

Nintendo lost its case in a German court, which could affect the company’s policies that govern eShop pre-orders.


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In the last year, many controversies in the video game industry have erupted into lawsuits. While publishers like Activision Blizzard being brought to court is certainly remarkable, the news that Nintendo having lost a lawsuit against the eShop may surprise gamers. Apparently, a German appeals court overturned an earlier decision made in favor of the company regarding NintendoeShop’s policy on cancellations.

This is not the only time Nintendo has been taken to court on Nintendo Switch recently, but this case could have a real impact on how Nintendo operates. Nintendo’s approach to consumer rights in the eShop has been a topic of debate since the eShop’s launch. In Europe, a particular policy has resulted in legal action.

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Reportedly, the lawsuit focuses on Nintendo’s policy of not allowing refunds on eShop pre-orders. In September 2020, this policy was revised to allow players to cancel pre-orders as long as there are still more than seven days before the game’s release. This policy may need to be revised further as the actions of the Federation of German Consumer Organizations (VZBV) and the Norwegian Consumer Council resulted in Nintendo losing the case. Apparently, Nintendo has accepted the outcome of the case.


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The summary of the case, translated from German, states that Nintendo makes the video game available for download in the eShop prior to the game’s official release date. These downloads typically include a full “pre-load” of the game’s software, with the game unlocked via an update on the official launch day. The same, similar Online purchases found in digital storefronts can usually be canceled within 14 days without giving a reason, but Nintendo chose to revoke the right of withdrawal and based on an explicit legal exception. The lawsuit argues that the download provided after pre-order did not yet have the game usable, so the contract between Nintendo and the buyer was not fulfilled.


The case was initially dismissed by the Frankfurt am Main Regional Court, but the appeal was taken to the Higher Regional Court of Frankfurt, where consumer advocates were successful. Apparently, the judges “advised Nintendo to recognize VZBV’s claim for relief as reasonable” and the court upheld VZBV’s entire action in the admission judgment. Nintendo seems to have agreed to this. However, it seems that the ruling admits there isn’t any basis to decide, hence the correct result of this video game trial still not sure.


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The source: Nintendo Life



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