Company Nintendo defeated the Norwegian Consumer Council and the German Consumers Union, who sued her for being out of the store eShop the console Switch the opportunity to cancel the pre-order and return the money for the purchase, the portal reports Nintendo Everything.
When pre-ordering in eShop, the user immediately pays the company money for the upcoming game, after which it preloads automatically to the console – the official icon and download indicator appears in the menu.
Representatives from Norway and Germany, who have decided to sue Nintendo, believe that consumers should be able to cancel their pre-order at any time before the game. However, the company’s lawyers were able to prove that such an approach contradicts the current European legislation, according to which the contract for the provision of services for the distribution of digital content can be considered completed shortly after the start of downloading the file, even if at the time of the desire to refuse the purchase, a person who agreed to the terms of the manufacturer managed to upload only a small part. In the service rules spelled outIt’s impossible to cancel a pre-order.
The trial was held in the German city of Frankfurt and ended in favor of the Japanese company. Now, the German Consumers Union will have to pay Nintendo’s legal expenses.
Representatives of German and Norwegian organizations were unsatisfied with the verdict and will appeal it. They insist that the contract for the provision of services should not be considered fulfilled until a person can start the game.
It is worth noting that in some cases Nintendo may cancel the pre-order on eShop and return the money to the person, but this happens through correspondence with the support service and not in all cases. Buttons “cancel pre-order” in the store does not exist.
Read also: Insider: The Witcher developers were preparing a game with Ciri in the lead role – it supposedly could become an exclusive PlayStation.
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