Nintendo heading to court over its lack of eShop preorder cancellation options

Earlier this year, we reported on various European councils that took issue with Nintendo's lack of a clearcut way to cancel eShop preorders on the Switch. Now the German Consumer Protection Authority is jumping in on the action, and they'll be taking Nintendo to court over the matter. Nintendo has already once said that they are following in-step with the law and have done nothing wrong, but I guess a court will be deciding on that in 2019.

Categories: Consoles
Tags: eshop, switch


I’m going to predict they will lose this against the EU.

Other than gimmicky preorder bonuses, there really isn’t a need to preorder a digital game anyways.
(Preorder, not preload)

Preordering is a relic of the physical days to ensure your copy of limited supply.

I mean, pre-ordering enables the pre-loading feature, so you can't really have one without the other.

Even if Nintendo were to simply call it "pre-load" you'll still run into the issue of not being able to cancel it.

I don't think every pre-orderable game has pre-loading available, but most of them do. It should be a simple cancellation / deletion process on Nintendo's part, and the fact that they don't is honestly quite dumb, and I agree that they will likely lose this case.

Does any digital service offer preorder cancelations? The idea of pre-ordering a digital game sounds utterly ridiculous to me. Not like it's going to run out. One should be able to cancel a digital order if they want, just like with physical.

Physical > digital.

Steam does. In fact Steam allows you to return a digital game, even after playing it as long as it’s under 4 (I think) hours or playtime.

It's 2 hours but yeah, the idea is the same.

Thanks for the correction. I think in some cases it can happen outside the 2 hour window if enough of a stink is made. I think Arkham Knight was one.

Isn't it 2 hours? Either way, you're right about returns. I must've forgotten you can cancel a preorder. Good on Steam, at least. They're my fav PC platform for a reason.

If you get a discount for preordering, there is a point.

Nintendo usually goes out of its way to be complient with the laws on the books and I don't see them being in the wrong this time as well. While it would be nice to have a second chance to reconsider my digital purchase I don't feel its fair to say just because a digital item was purchased ahead of time it has to be refundable. Despite not being able to play the game, you still are buying the convenience of not having to wait til launch day to load it into your system. Pre-ordering and loading is a convenience and no one is forcing anyone to buy it ahead of time. If people don't like the extra service cost then really don't use it, if you do then it's nice to have the option.

Remember this is the same place that pushed for the Right to Be Forgotten.

Wed Dec 19 18 01:24am
(Updated 1 time)

Sometimes pre-order bonuses or pre-order discounts can make buying early worth doing if you’re excited about a game though. Sure nobody is forcing you but if it’s value added to pre-order it makes sense from a customer point if they’re planning on buying a game anyway.

Things can happen before the launch of a game though. A game might be employing practises you disagree with that have come to light after pre-ordering, previews might suggest its a broken mess and not worth your time. When the game’s released and all the information you need about it is out there, sure, I can understand not giving refunds. But pre-ordering while things are still up in the air should definitely be refundable.

This is only a good thing for everyone if they’re forced to change it.

Seems like Europe has been acting a lot like one of these lately to Nintendo. With the game corner being ruined by silly rules about "gambling", to this, it just seems fitting that they are being a bully

And rightly so too. It's an anti-consumer practise. The German Consumer Protection Authority will win if it gets as far as court unless Nintendo change their terms in the meantime.

Well, that's the law for you...

This is all about whether or not a preorder can be considered a digital download. The law says you're allowed to cancel any order you do via mail or online, within 14 days. There is however a special law specifically excluding digital downloads from this rule. So the issue is that Nintendo is using the preloading feature to try to get around the law by saying that the preorders should be considered digital downloads, since software is indeed downloaded to the device. The consumer protection authority is claiming that this does not matter, since the software you actually payed for is not installed in a usable form, and the preload should in practice be regarded as equivalent to a preorder.

Glad that Nintendo is being held responsible for their archaic digital policies


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