Rumor: German Consumers Association starts lawsuit over Nintendo’s refund policy

The Verbraucherzentrale Bundesverband, or VZBV for short, is said to have decided to take legal action against Nintendo. It is not possible to cancel preorders via the eShop and get a refund.

According to the Norwegian site PressFire, the Norwegian consumer association Forbrukerrådet informed the VZBV of the policy. The VZBV has not confirmed the start of the case. The Norwegian organization finds that Nintendo’s refund policy violates European laws, while Nintendo invokes Article 16 of the European Consumer Rights Directive.

The Article states that the company is not required to accept cancellation ‘as long as the promotion has been performed with the customer’s clearly stated consent prior to the promotion, and with the acknowledgment that he will lose his right of withdrawal when the contract has been fully performed by the merchant. ‘. According to Nintendo, eShop transactions meet these requirements by requiring the customer to accept these terms prior to purchasing a game.

The Norwegian Consumers’ Association does not agree with Nintendo. “The company says that all purchases are final. Under the right to refunds enshrined in the guidelines, such terms are illegal. Until the game is ready to download and play, the seller cannot refuse the cancellation of preorder.” said Forbrukerrådet in an open letter to Nintendo in February 2018. The organization refers to Article 9 of the Directive.

The lawsuit is being filed by the German Consumers’ Association, because Nintendo’s European headquarters is in Frankfurt. The trial will start in three to four weeks, but the trial itself could take longer than a year. Nintendo has not yet commented on the matter.

Purchase screen in the Nintendo e-Shop with conditions (source: Eurogamer)