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Germany: Legal Action Being Taken Against Nintendo’s No-Cancellation eShop Pre-orders

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.”

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17 thoughts on “Germany: Legal Action Being Taken Against Nintendo’s No-Cancellation eShop Pre-orders”

  1. Don’t pre order unless you are sure you want it. I have never understood why people pre order at all anymore let alone as far in advance as they do. Patience is a (lost) virtue today.

    1. Which is fine. But what if you ordered a game, not even played it yet and then your tires go. I don’t have that spare £60 anymore and need to get my car fixed. I haven’t received any product by Nintendo, and I can’t get a refund.

      It’s not allowed in the EU. Simple. We have consumer laws to product the customer and if Nintendo want to trade here then they’re going to have to abide by the rules.

  2. I fail to understand why the word “pre-order” is still being used when Nintendo clearly states that you are pre-purchasing the game… All pre-orders are done for physical copies while digital copies are pre-purchase so the consumers are agreeing to pay-in-full in a final transaction with full well knowledge and awareness that the transaction is final and non-refundable, in return Nintendo does allow special rights for the digital early purchase consumer to download part of the game early and in some cases play a portion of the game before the official release, it is not being digitally pre-ordered and it is stated that the license of owning the game are being sold digitally ahead of time so there is and have never been a “digital pre-order” to cancel to begin with. I am sure this is one if the main reasons why Nintendo refuses to change that policy and rightfully so in some ways.

    1. Nintendo can call it whatever they want. It’s STILL a pre-order. Sony & Microsoft still use the pre-order term for digital games as well as physical games. Pre-purchase is just an alternative term Nintendo made up so they could sound “different” from the others. Like how they tried to call Zelda: Breath of the Wild an “open-air” game when it’s just Nintendo’s fancy term for open world.

  3. Honestly, this practice of not letting people cancel a digital pre-order has become antiquated. Time to do away with it in ALL regions if you ask me. Til then, I only preorder a game digitally when it’s maybe a week away from release (like I did with Smash Ultimate) and I’ve had plenty of time to decide if it’s a game I want to keep and won’t ever change my mind about. If it’s coming at a time of the month where I’ll be broke, I’ll preorder it 3 weeks in advance instead. *sees Resident Evil 2 remake’s release date has moved up to January 25th so it’ll release the same month as KH3*
    GOD DAMN IT!!!

  4. In other news, “sociologists are still baffled why Norwegian and German citizens average IQ levels are on a steep decline compared to other nations.” Idk, maybe because they keep making laws and notions based less around comsumer protection and more on the allowance of that people don’t want to think for themselves at all anymore. Seriously, when ever i see someone type, “i don’t pre order anymore till i know i want the game for sure and seen plenty of coverage of it to prove it’s how i want it” just makes me laugh. What, you’ve been just buying games blindly without any thought before now? That should have been a thing you’ve always done since the first time you got a paycheck to buy anything, let alone video games.

    1. You are connecting the wrong pieces of information, my friend. The truth is it’s on a steep decline because migrants with low IQs are coming in.

    2. I don’t see how wanting to let people cancel digital pre-orders is somehow stopping these same people from thinking for themselves. Clearly people are able to think for themselves if they want to be able to cancel a digital pre-order when they change their mind about the game sometime after pre-ordering it.

      And who gives a shit if someone is more frugal with their money when it comes to digital pre-orders than with physical ones? It’s not like it’s hurting anyone but themselves if they feel like spending their money on something that may not pan out in the long run for them. It’s how people live and learn as no one is born perfect.

      1. This made me think of something. This is one of the things wrong with PC culture: they expect everyone to be perfect from the day they come out of their mothers. If you make one mistake in life, you are forever stuck with it because apparently people can’t change. “Oh you made a pedo joke 10 years ago but your humor has grown up since then? No. You didn’t change. You’re still a shit human being! In fact, you probably ARE a pedophile!” “Wait! You use to be a racist but now you support the rights of black people!? No! You’re still a racist! Go join one of your KKK friends at one of their white power rallies!” Well excuuuuuse me, princess, for not being born perfect! It must be nice to know that you’ve never made a mistake in your life!

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