Support NeoGAF

[ParaSeoul]

Nintendo loses court case over eShop pre-order restrictions

There's a new twist in the long-running saga of Nintendo's Switch eShop cancellation policy - which has for years been …

www.eurogamer.net

"A German court has overturned a previous judgement made in Nintendo's favour, and ruled instead on the side of the Federation of German Consumer Organisations (VZBV).

The VZBV successfully argued on appeal that Nintendo's current policy of only letting customers cancel pre-orders up to seven days before a game's release was unfair - since, before a game's release, there was no way for a customer to actually test the product, even if it was made available as a download".

"Nintendo had excluded the right of withdrawal and relied on a legal exception. However, the prerequisites for the right of revocation were not met, as the download made available after the pre-order did not yet contain any usable game. Until the release date, the game is worthless for the buyers and the contract of Nintendo is not fulfilled in any way."

As of today, Nintendo's eShop policy has not changed - you are still obliged to accept its terms that "Nintendo begins with the performance of its obligations before the cancellation period ends" and lose your right to cancel seven days before a game's release.

Nintendo only changed its eShop store policy last September to allow pre-order cancellations at all - albeit with that seven-day limit. Before that, payment was taken immediately on pre-purchase - at which point you could no longer cancel.

The inability to cancel pre-orders made via the eShop had been branded illegal by some European consumer rights groups, and the matter was repeatedly taken to court.

 

[ReBurn]

The best way to not have to worry about being able to cancel a preorder is to just not preorder. Why do people just give these companies money for things that don't exist yet?

 

[Nautilus]

Just don't pre-order then?This is especially stupid since its a digital copy.

As long as its not strinctly illegal or VERY anti-consumer, Nintendo should do whatever the hell it wants on its own store.

 

[AJUMP23]

Don't buy a product before it is released.

 

[IntentionalPun]

The best way to not have to worry about being able to cancel a preorder is to just not preorder. Why do people just give these companies money for things that don't exist yet?

To pre-load.

As long as its not strinctly illegal or VERY anti-consumer, Nintendo should do whatever the hell it wants on its own store.

Well it's illegal in Germany.. and it's.. very anti-consumer.. lol

 

[ParaSeoul]

To pre-load.

 

[DaGwaphics]

WTF is that?

 

[Spukc]

GET FUCKING FUCKED NINTENDO HAHAHAHA

EUROPE TELLS YOU AGAIN TO FUCK OFF WITH THAT ANTI CONSUMER SHIT!

GET FUUUUUUUCKED



anyone and i mean anyone that is ok with this shit..

 

[Woopah]

I never understood why digital pre-orders were a thing. Glad Nintendo lost this.

 

[Kuranghi]

Nice. Nintendo can begin with the performance of its obligations before the cancellation period ends on my willy.

 

[Nautilus]

To pre-load.



Well it's illegal in Germany.. and it's.. very anti-consumer.. lol

By illegal I obviously meant things like scams, and white colar crimes. Oferring Pre-order and defining its rules is Nintendo's prerogative, and should be only theirs. And its not anti costumer, since the costumer knows what it is getting into when they buy pre ordered games lol.

Personally, if I were Nintendo, I would outright(assuming it makes financial sense) remove the ability to pre order games from the german eshop if this comes to pass. But thats me

 

[gamer82]

yeah I don't see why preordering digital is a thing, especially from the dedicated stores as they are always dearer than retail and especially if you can get cheap cards to purchases stuff. it makes no sense to pay in advance for digital it's not like they will go out of stock.

 

[Punished Miku]

This is good. But Nintendo pre-orders aren't predatory or anything. They even email you prior to the last day you can cancel to remind to cancel if you want. Then it downloads in advance after that email.

Oh well. More refund ability for consumers is still a good thing.

 

[PhaseJump]

GET FUCKING FUCKED NINTENDO HAHAHAHA

EUROPE TELLS YOU AGAIN TO FUCK OFF WITH THAT ANTI CONSUMER SHIT!

GET FUUUUUUUCKED



anyone and i mean anyone that is ok with this shit..

 

[fart town usa]

pre-ordering a digital copy, lmao.

I guess I get it, if it pre-installs or whatever prior to launch but seriously, where's the harm in just buying a digital copy when it releases and then waiting for it to download and install?

 

[Spukc]

 

[Sleepwalker]

Nintendo is the only platform holder I never buy digitally from.

 

[Skifi28]

I would use the argument there is no need to pre-order when there is an unlimited number of copies available, but then I remember we're talking about Nintendo and they've done limited digital games before.

 

[PhaseJump]

pre-ordering a digital copy, lmao.

I guess I get it, if it pre-installs or whatever prior to launch but seriously, where's the harm in just buying a digital copy when it releases and then waiting for it to download and install?

Pre-ordering digital copies has been around for a while, and usually there are perks involved to justify it.

Discounts, bonus content, vanity pets, early access to beta, etc.

 

[Punished Miku]

pre-ordering a digital copy, lmao.

I guess I get it, if it pre-installs or whatever prior to launch but seriously, where's the harm in just buying a digital copy when it releases and then waiting for it to download and install?

Sometimes I like to pre-order it digital and then forget I got it. Its like shadow dropping myself. Dopamine bro.

 

[fart town usa]

Pre-ordering digital copies has been around for a while, and usually there are perks involved to justify it.

Discounts, bonus content, vanity pets, early access to beta, etc.

I can see why that would warrant a pre-order.

Sometimes I like to pre-order it digital and then forget I got it. Its like shadow dropping myself. Dopamine bro.

Very nice surprise!

 

[rkofan87]

what a looser you have up to 7 days befor game day to say no thanks.

 

[RCU005]

I never understood why digital pre-orders were a thing. Glad Nintendo lost this.

I also never understood why is it so hard for a company to allow refunds! Specially in pre-orders! The game is not even out yet, it's not like it can be used wrongly or something. It stupid the things companies do just for greed, when knowing that being pro-consumer is even beneficial for them in the long run.

 

[chromhound]

GET FUCKING FUCKED NINTENDO HAHAHAHA

EUROPE TELLS YOU AGAIN TO FUCK OFF WITH THAT ANTI CONSUMER SHIT!

GET FUUUUUUUCKED



anyone and i mean anyone that is ok with this shit..

Kretos ? Lol

 

[Fare thee well]

Have people so little patience and self-control that they keep falling for this pre-order ruse? It's not even worth the 'exclusive' stuff you get all FOMO about. Stop rewarding untested work. Please, for the future quality of all games.

 

[ANDS]

The best way to not have to worry about being able to cancel a preorder is to just not preorder. Why do people just give these companies money for things that don't exist yet?

Some people know that they want a game, pre-ordering sets that money aside and might not have the best of internet.

. . .or it's their money and they should be able to spend it on what they want (and retrieve it under the right conditions).

 

[I Love Rock 'n' Roll]

 

[ReBurn]

Some people know that they want a game, pre-ordering sets that money aside and might not have the best of internet.

. . .or it's their money and they should be able to spend it on what they want (and retrieve it under the right conditions).

You know what else sets money aside? Setting money aside. Using Nintendo, Sony or Microsoft as a piggy bank is just weird. I don't have a problem with people wanting to preorder. It's their prerogative. It's just not very smart to let someone else use your money for free.

 

[boo]

By illegal I obviously meant things like scams, and white colar crimes. Oferring Pre-order and defining its rules is Nintendo's prerogative, and should be only theirs. And its not anti costumer, since the costumer knows what it is getting into when they buy pre ordered games lol.

Personally, if I were Nintendo, I would outright(assuming it makes financial sense) remove the ability to pre order games from the german eshop if this comes to pass. But thats me

That is probably Nintendo’s answer to this ruling. German users will no longer get the option to pre order games.

 

[Starhowl]

Nintendo is criminal!

 

[MrA]

That is probably Nintendo’s answer to this ruling. German users will no longer get the option to pre order games.

I don't think they will, I'd wager the number of preorders outweigh the number of cancelations, plus
this is like zero inconveniences to the company (well credit card fees, but still), Nintendo deserved the loss on this one

 

[CuNi]

Once they lost in Germany, they'll probably be sued in other EU countries so this won't be a Germany VS the world but more a EU vs Nintendo thing. I can see them change this for all EU countries. Also people defending their practice in this thread is a huge yikes lol

 

[Roufianos]

I agree pre-ordering is dumb but Nintendo are scummy for even trying to defend this.

 

[Cutty Flam]

Why do people just give these companies money for things that don't exist yet?

Pre-ordering a game is a way of supporting the publisher, the game itself, its series and the gaming culture as a whole. And apparently Pre-orders also offer a company some kind of measurement to roughly determine a game’s demand

 

[rubenburgt]

Pre-ordering a game is a way of supporting the publisher, the game itself, its series and the gaming culture as a whole. And apparently Pre-orders also offer a company some kind of measurement to roughly determine a game’s demand

I think pre-order bonuses plays a huge part as well.

 

[PJX]

Pre-ordering a game is a way of supporting the publisher, the game itself, its series and the gaming culture as a whole. And apparently Pre-orders also offer a company some kind of measurement to roughly determine a game’s demand

 

[Rat Rage]

Good for consumer rights! Nintendo is obviously in the wrong here. It's pretty baffling why the corporate side of Nintendo even tried to fight the indictment, or in other words: in this case Nintendo's corporate side can fuck right off!