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Norwegian Consumer Council accuses Nintendo of breaching the EU Consumer Rights Directive, due to lack of an eShop preorder cancellation option

Nintendo is finding themselves in a bit of hot water with the Norwegian Consumer Council, and it all has to do with how eShop preorders are handled. According to the NCC, Nintendo is in breach of the EU Consumer Rights Directive, all because Nintendo doesn't all you to cancel/refund eShop preorders. This is apparently against the law in the EU. Thomas Iversen of the NCC says Nintendo has to change this.

"They have to change how they do things. They have to follow the rules and clearly show how the consumer can proceed if they want to cancel a pre-order. No matter what their policies are on pre-orders or refunds, the right of withdrawal is always applicable before the game is released."

Tags: 3ds, eshop, switch

Comments

Top Rated Comment
weeman_com
Wed Feb 21 18 07:22am
Rating: 4

It was a founding member of the European free trade associate therefore is a member of the European economic area which grants it access to the internal market it's rules and protections

Can't cancel a pre order? Yeah they should probably change that

How dose Norway benefit from EU consumer rights? They are not a member of the EU.

weeman_com
Wed Feb 21 18 07:22am
Rating: 4

It was a founding member of the European free trade associate therefore is a member of the European economic area which grants it access to the internal market it's rules and protections

tif
Wed Feb 21 18 07:33am
Rating: 2

Thank you for the info.

Aaaaaand, option to preorder in EU eshops is gone. This is how I think they'll fix it anyway. :P

It does seem like Nintendo to just Swapnote it instead of doing it right. However I think they stand to benefit a lot from preorders so I'll give them the benefit of the doubt and believe they'll add the feature.

Why are preorders for digital games even a thing? Do they enable exclusive digital content for preorders?

It makes more sense when they are called pre-downloads. Their primary benefit is that people can download the games with days of anticipation, in order to save time and play the game immediately at release date instead of waiting multiple hours after making their purchase.

Recently in a few Switch examples, some companies also offer a special preorder discount.

I seem to remember that PSN has the same practice. U less they recently changed it. At least I remember it being that way when I pre-ordered Sword Art Online Lost Song. They wouldn't cancel it because they already took the money out

I thought their guidelines stated that pre-orders couldn't be cancelled, unless required by law. Wouldn't this simply be a case of them requiring it to be cancelled and thus they could just have people call/send in an email to get it cancelled over there no problem?

They have to follow the rules and clearly show how the consumer can proceed if they want to cancel a pre-order.

That's probably the problem. They don't define how they can cancel it if the local law force it. They will probably just add some text in the eShop giving a call number to cancel. That would probably fix the legal problem.

oh yeah that makes sense. They should indeed change. I suppose other preload platforms should too. I know I pre order things all the time because I can cancel those. so the rules should be the same for every one

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