You probably saw the post we published regarding Nintendo Europe being accused of illegally denying refunds on pre-ordes via the Nintendo eShop by the Norwegian Consumer Council. However, Nintendo Europe has hit back with a statement to Eurogamer saying that they are fully compliant with European laws with regards to the statutory rights of consumers. Here’s their full statement:
“The operation of Nintendo eShop in Europe is fully compliant with European laws relating to the statutory rights of consumers.”
Well I didn’t get my money back after I wanted to return my preorder of Bayonetta 1 after I found out that I could get Bayonetta 2 and 1 in a bundle when I preorder Bayonetta 2.
Their response:
Thank you for contacting Nintendo.
Unfortunately, a revocation is not possible when purchasing digital content from the Nintendo eShop. You have consented to Nintendo commence execution of the Agreement prior to the expiration of the cancellation period and to confirm that you thereby lose your right of withdrawal.
You can check this in the “Contract for the Nintendo Account”, which you have agreed to, under the point “The right of withdrawal expires early on contracts” below:
but doesn’t bayo 1 discount bayo 2 to the same price as the bundle making the reason you were refunding pointless since it would have been the same?
Yup cloud8521 has a point.
Dude, why demand a refund for the same exact deal digitally or physically? It makes no sense and even the Bayonetta page in eShop specifically said purchasing one of them will discount the other.
One of the few times were I am actually hoping Nintendo loses this lawsuit. I understand buying digital content (I mean ideally it would be like steam), but preordering a game shouldn’t tie you down, as maybe circumstances can change.
Uh what lawsuit lol. Also Nintendo wouldn’t lose if there was one. Other gaming companies were blamed as well like Sony. Lastly the council tells consumers to only preorder the game if they are 100% sure they want it.
Nintendo was the biggest culprit.
They can only give their findings and recommendation, they may not have regulatory power.
It is likely that if Nintendo makes it so that pre-orders are available for cancelation, they will in turn remove the “pre-load” feature (as a countermeasure to piracy).
If they do, I will personally see to it that every single person who as much as much as hints at complaining about that removal will be thoroughly sorry they didn’t think twice before speaking.
On the matter itself, the issue lies in that the consumer has agreed to terms by ticking that box before they paid.
…and if they did so without reading it, then they only have their own incompetence to blame.
It could potentially be decided that it is not an allowed form of agreement, but then the penalty would likely take effect from that point forwards, in which case Nintendo has a chance to change the system in time.
If something in the terms of agreement is in direct violation of general consumer laws those terms aren’t valid regardless of who ticks the box before buying. Because terms of agreement says “We’re gonna take triple the amount of what the price says from your account”, and you still tick that box Nintendo is still the faulty party that gets punished because they’re in violation of misleading the customer with the pricetag they see when going to buy the game. As far as I’m concerned not being able to return a pre-order when there’s no guarantee in what you purchased whatsoever is a violation. Steam offers refunds, pretty sure Sony does too, yet Nintendo refuses to.
Didn’t know that. Probably just pre-ordered through Amazon so far and I thought you had to pay for perorders then the game is avaible and can turn down the preorder anytime. And on Steam I gave only Dawn of War 3 back, because it was really really boring. But I’m for the consumers point of view. And they will handle preorders like Amazon in the future.
Case in point, do not pre-order anything digitally. Only purchase if you’re absolutely sure about the product. But on the other hand, digital pre-order should be treated the same as in-store physical ones, no matter who does it. Pre-orders are reservation, not final purchases and that’s fact.
Well… they’re still breaking OUR laws. Doesn’t help sya you don’t when you actually do.
Just notice one thing with that statement. Nintendo specify that they’re not breaking EUROPEAN laws. They’re not denying that they’re actually breaking Norwegian laws.
And would it kill them to be… Customer friendly even IF they didn’t break any laws?
I’m honestly surprised Nintendo has lasted this long in Norway with the crap they’ve pulled over there.
Remember 2015 and people still though Wii U was Wii accessory or haven’t heard of it in the many. They only lived on the 3DS here.
I was once a game reviewer for them over here. The site I was writing for got bought up and shut down, and when I started up my own site, they just didn’t want to support us. I was like reviewing every big Wii U release and tons of bigger 3DS titles and I got almost only good critics from the readers.
And Bergsala(Norwegian distributor) always say “We’re not Nintendo, so we can’t help you” when there is ANYTHING else than fixing the console for physical damage. But Nintendo fanboys in Norway are hardcore af. Ain’t nuttin’ wronk with Big N’