Those of you who pre-order your Nintendo Switch games digitally will have noticed that Nintendo doesn’t allow you to cancel pre-orders on the eShop. It is stated when you go to pre-order that it can not be canceled and the money will be taken. Some people have tried ringing customer service to ask them for a refund but it’s not something that the company generally does.
The Norwegian Consumer Council were the ones that initially set about trying to change this and now the German Consumer Protection Authority has worked with The Norwegian Consumer Council and are taking legal action against Nintendo Europe which is based in Germany.
It could take more than a year to reach any kind of verdict and if The Norwegian Consumer Council and the German Consumer Protection Authority are successful this could apply to the whole of the EU. Here’s the details from Eurogamer:
Nintendo cited article 16 of European Consumer Law Directive 2011/83 in defence, which says it doesn’t have to allow cancellation 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”.
But as the Norwegian Consumer Council originally argued: “The company plainly states that all purchases are final. According to the right of withdrawal laid down in the Consumer Rights Directive, such terms are illegal. Until the game can be downloaded and launched, the seller cannot prohibit the consumer from cancelling their pre-order.”