The Norwegian Consumer Council has won its appeal against Nintendo for its refusal to allow cancellations or refunds on Nintendo eShop pre-orders, a result that could have far-reaching ramifications across Europe.
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As reported by Norwegian site Pressfire.no, the Norwegian Consumer Council, the Norwegian Consumer Agency, and equivalent bodies in Germany have won an appeal at the Oberlandesgericht Frankfurt (Frankfurt Higher Regional Court), with the court ordering that Nintendo must “cease and desist” its current practices regarding pre-orders.
Until now, customers pre-ordering a digital game on Nintendo eShop face significant restrictions on cancelling their orders. Although Nintendo says it provides a statutory 14 days to cancel, it adds that “This statutory right to cancel expires earlier in respect to contracts as regards the supply of digital content which is not supplied on a tangible medium if we have begun with our performance after you have expressly consented that we can begin with our performance before the cancellation period ends and you have acknowledged that you thereby lose your right to cancel.”







