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A German regulator is taking Nintendo to court over eShop preorder policies

A German regulator is taking Nintendo to court over eShop preorder policies

December 18, 2018 | By Alissa McAloon

The German Consumer Protection Authority (VZBV) is taking Nintendo to court over Nintendo’s digital preorder policies, specifically over the strict policy that eShop preorders cannot be canceled.

Eurogamer spotted a report from the Norwegian site PressFire that says the VZBV is well on its way to starting formal proceedings and has moved the entire case.

The whole affair kicked off earlier this year in Norway, and the Norwegian consumer body behind that complaint has since been in communication with the VZBV in order to get this current case started in Nintendo of Europe's home country of Germany.

Originally, the Norwegian Consumer Council accused Nintendo of violating the European Union’s Consumer Rights Direction that rules that customers in the EU and European Economic Area have the right to withdraw from a purchase if the product has yet to be distributed.

Nintendo’s terms affirm that all sales made on the eShop are final, including those made for games that have yet to release. PressFire says that, in response to the earlier complaint, Nintendo claims that the ability to preload games following a preorder means that distribution has, in a sense, begun after preorder, despite those games not yet being playable. 

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