Nintendo Is Heading To Court In Europe Over Online Refund Policy

Nintendo is arguably one of the biggest video game companies that exist across the world. It's managed to garner plenty of success with both their consoles and their games with critics and fans alike. But there's one thing that you may not have known- there's no refunds to be issued on pre-releases. This policy is more than a little controversial with fans. So much so that some countries are taking legal steps to have it become a thing of the past.

According to Engadget, the German Consumer Protection Authority has sued Nintendo over their rule that doesn't allow consumers to receive refunds on pre-orders. The argument is that it's illegal under existing European law. While fellow country Norway had spoken out against this rule through the Norwegian Consumer Council (NCC) earlier in 2018, legal action is occurring in Germany. That's because it's the country where Nintendo of Europe is located.


via Red Bull

Back in early 2018, the NCC had looked through seven digital gaming platforms to see if their rules and regulations were compliant to the Council's liking. Out of the seven, only two contained refund rules that actually satisfied the Council. The two platforms that pass are EA's Origin and Steam's Valve. Meanwhile, companies such as Microsoft and Sony have less than desirable refund policies in the eyes of the NCC. Having said that, Nintendo was still determined to be the worst of the seven digital gaming platforms.

Nintendo's eShop does not allow their users to pre-order a title until you waive your right to ever receive your money back. There's a box that explicitly says, "I consent that Nintendo begins with the performance of its obligations before the cancellation period ends. I acknowledge that I thereby lose my right to cancel."  You must check off that you understand this; then and only then can you purchase your pre-order.

Nintendo's defence comes from article 16 from the 2011/83 European Consumer Law Directive to insist that their refund policy is perfectly legal. With legal proceedings expected to take place sometime in three to four weeks, it will be interesting to see what will ultimately come out of this case.


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