The option to cancel digital games has become quite common nowadays. The digital stores of PlayStation, Xbox and PC allow the user to receive their money, as long as the time after the purchase is within the limits of what is established in the terms and conditions. However, the case of the eShop it is different, something that has reached a court in Germany. After several months of this legal battle, the result has been released, and it is not in favor of Nintendo.
It was recently revealed that a German court overturned an earlier judgment in favor of Nintendo and instead ruled on the side of the Federation of German Consumer Organizations (VZBV). For years, various pro-consumer organizations have battled the Big N in this regard, with most of these cases favoring the Japanese company. Nevertheless, This German group pointed out that the return policy of seven days before the launch of the game in the eShop, is unfair. This was what was commented on the matter:
“Nintendo had already offered video games for download on its electronic store before the official launch date. The download usually included a full ‘preload’ of the game software, as well as an icon that is displayed on the game console. The game unlocking is done by update only on the official start date. These online purchases can generally be revoked within 14 days without giving reasons.
However, Nintendo had excluded the right of withdrawal and relied on a legal exception. However, the prerequisites for the right of withdrawal were not met, as the download available after pre-ordering did not yet contain any usable games. As of the release date, the game has no value to buyers and Nintendo’s contract is not being honored in any way. “
Currently, the Nintendo Switch eShop allows some games to be pre-purchased and pre-downloaded before their official release. However, it is impossible to access them until the release date arrives. Thus, it is not feasible to be able to try a game before the money-back guarantee expires, that is, seven days before its premiere. This is what VZBV is protesting.
At the moment there is no response from Nintendo in this regard. However, if this case manages to have enough impact, Big N is likely to change some terms and conditions, at least in Europe. We hope to have more information about it as soon as possible.
In related topics, this week comes Paper mario to Switch Online. Similarly, Domino’s Pizza will give away Switch consoles to its employees.
Editor’s Note:
Without a doubt, the return policy on Nintendo Switch is not viable. Seven days before its official launch is not something that helps users. At that time some titles do not even have reviews to know if they are worth it or not. Hopefully this changes as soon as possible.
Via: Eurogamer