Nintendo of Europe has won the Nintendo eShop preorder cancellation case being brought against it in Germany. After deliberations, the court ruled that Nintendo is not engaging in any illegal activities by not allowing customers to cancel any preorders they may make for digital purchases in the eShop and dismissed the case. An appeal has been filed. [Thanks, Pressfire.no and Reddit!]
This Nintendo eShop preorder cancellation case about whether or not it was illegal to disallow preorders began back in February 2018. The Norwegian Consumer Council alleged that not allowing people to cancel digital preorders broke Consumer Rights Directive laws that state people have the right to cancel a preorder. At the time, Nintendo issued a statement saying its European eShop was “fully compliant with European laws relating to the statutory rights of consumers.” The NCC stated that Nintendo’s guidelines said all purchases were final, while Nintendo claimed it was fine 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.”
In December 2019, Germany’s German Consumer Protection Authority stepped in, with a case being filed in the country. As Nintendo of Europe GmbH is in Frankfurt, Germany, this would be the proper jurisdiction. Judge Isabel Jahn dismissed the case and ordered German Consumer Protection Authority’s ombudsman to pay the court costs.
The German Consumer Protection Authority has filed an appeal with the Oberlandesgericht court in Frankfurt . However, it could take over a year before the case continues.
In the Nintendo eShop, it is not possible to cancel a preorder once you have placed one.
