Unlike some of its competitors, Nintendo is a bit stricter when it comes to the right of withdrawal. Previously, games that had been reserved in advance could not be returned so easily if the pre-load had already been completed. However, a lawsuit has now been filed against this approach, as the game would still be worthless without activation at launch, so Nintendo has yet to honor the sales contract. This was criticized by the Federation of German Consumer Organizations (source: vzbv)

Although the regional court in Frankfurt am Main had dismissed the claim in the first instance, the vzbv appealed and was ultimately successful before the higher regional court. The procedure goes to the Norwegian consumer protection organization. The Consumers Council Back, I had already noticed in 2018 that Nintendo would not adhere to the applicable EU directives. For online shoppers, customers must have a 14-day right of withdrawal.

Nintendo has now accepted the new rule and made the necessary adjustments in the eShop.

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