The Frankfurt regional court of appeal strengthened consumer rights by saying that games pre-ordered on the eShop must retain a 14-day right of withdrawal.
The regional court of appeal (Oberlandesgericht) from Frankfurt ruled in favor of the consumer federation Verbraucherzentrale Bundesverband. The VZBZ accused Nintendo of illegal practice on its eShop. In its judgment, the court strengthened the rights of clients who pre-order on the Big N.
According to the judges, the 14-day right of withdrawal must be able to apply for a pre-order game, and this revocation cannot be excluded. Nintendo prevented any retraction seven days before the official release of a title, which is therefore contrary to consumer rights.
Moreover, the 7-day deadline is only a recent modification by Nintendo which until now did not provide for any refund upon purchase of the pre-order, claiming a legal exception. The law allows you to change this time limit for games that have already been released … but this is not the case with pre-orders. The VZBZ comments on its site:
Until the release date, the game is worthless to buyers and Nintendo’s contract has not been fulfilled in any way.
The regional court’s decision at first instance was therefore overturned and consumers won their case. Nintendo has not yet commented on the news.