Nintendo lost a lawsuit against them by a German consumer advocacy group, with a court ruling that the eShop’s pre-order refund policy is illegal.
A recent refusal of a legal appeal by
nintendo
is likely to change its current eShop pre-order refund policy, which states that refunds can only be made up to 7 days before the game’s release. The game company is no stranger to disputes, this one being one of many lawsuits filed against Nintendo in recent years. This latest decision aims to improve the rights of
nintendo switch
customers by making their refund policy more similar to the refund policies of other companies.
The increase in digital game pre-orders and downloads in recent years has created uncharted legal territory for game developers, with companies often varying in their digital product refund policies. For a long time after the console’s release, the Nintendo eShop offered no refund options for digital pre-orders of future releases – Nintendo would take payment from the user immediately, offering no recourse if it later decided that he didn’t want to buy the game. Nintendo changed its eShop policy in September 2020, allowing players to request refunds for their purchases up to 7 days before the game’s release.
VIDEO OF THE DAY
Related: Sonic Colors: Ultimate Issues Forcing Nintendo To Offer Refunds
European consumer groups challenged the policy in 2018, with the Norwegian Consumer Council taking legal action against Nintendo that year, eventually joined by the Federation of German Consumer Organizations – known as VZBV – in legal proceedings against the company. Initially, this case looked like a victory for Nintendo, and it was reported that the German court ruled in Nintendo’s favor, dismissing the case. However,
Nintendo’s life
reported today that the appeal of the VZBV’s case was successful, with the court ruling stating that “
Nintendo had excluded the right of withdrawal and invoked a legal exception. However, the prerequisites for the right of revocation were not met, because the download made available after the pre-order did not yet contain any usable games. Until the release date, the game is worthless to buyers and Nintendo’s contract is not fulfilled in any way
This goes against Nintendo’s argument that the return policy was fair because players could pre-load games after the pre-order was completed, thereby fulfilling the sales contract.
So far, this legal outcome has not been challenged by Nintendo, although no changes to the returns policy appear to have been made at this time – Nintendo still states on their website that returns can be made up to 7 days before a game is released. However, based on the outcome of this case, the company may now be forced to implement an updated policy soon. The case could set a precedent for how digital game sales are handled, now that a court has ruled that pre-ordered content does not amount to a product returned to the customer.
Problems with refunds being given to video game buyers have been a long-standing issue in the gaming community, with refund policies varying widely between different retailers, which many gamers find unfair. Some companies like GOG have very lenient refund policies, while others like
nintendo
have only recently begun to relax their strict rules on returns. This case sought to improve the rights of consumers to
nintendo switch
users, and with this new verdict, it looks like it will do just that.
Next: Pokémon Sword And Shield Doesn’t Refund Players For Purchasing Wrong DLC
Sources: Nintendo Life
The NYPD officially unmasked Spider-Man
About the Author
Deven McClure
(50 articles published)
Deven McClure is a gaming news writer for Screenrant, reporting on the latest gaming developments. A lifelong video game enthusiast, she began writing for Screenrant in 2021. Originally from California where she studied arts and child development, Deven moved to New York in 2017 to pursue writing and acting. . After moving, she attended Gotham Writing School focusing on writing articles and television. Now based in Brooklyn, she lives with her boyfriend and her cat. When she’s not spending time with them, you can no doubt find her playing her latest video game obsession – most likely something with farming and crafting. She has been playing games since she was a child, always reading as much information about them as possible, and is thrilled to work in an industry she is passionate about.
More Deven McClure

Nintendo lost a lawsuit against them by a German consumer advocacy group, with a court ruling that the eShop’s pre-order refund policy is illegal.
A recent refusal of a legal appeal by
nintendo
is likely to change its current eShop pre-order refund policy, which states that refunds can only be made up to 7 days before the game’s release. The game company is no stranger to disputes, this one being one of many lawsuits filed against Nintendo in recent years. This latest decision aims to improve the rights of
nintendo switch
customers by making their refund policy more similar to the refund policies of other companies.
The increase in digital game pre-orders and downloads in recent years has created uncharted legal territory for game developers, with companies often varying in their digital product refund policies. For a long time after the console’s release, the Nintendo eShop offered no refund options for digital pre-orders of future releases – Nintendo would take payment from the user immediately, offering no recourse if it later decided that he didn’t want to buy the game. Nintendo changed its eShop policy in September 2020, allowing players to request refunds for their purchases up to 7 days before the game’s release.
VIDEO OF THE DAY
Related: Sonic Colors: Ultimate Issues Forcing Nintendo To Offer Refunds
European consumer groups challenged the policy in 2018, with the Norwegian Consumer Council taking legal action against Nintendo that year, eventually joined by the Federation of German Consumer Organizations – known as VZBV – in legal proceedings against the company. Initially, this case looked like a victory for Nintendo, and it was reported that the German court ruled in Nintendo’s favor, dismissing the case. However,
Nintendo’s life
reported today that the appeal of the VZBV’s case was successful, with the court ruling stating that “
Nintendo had excluded the right of withdrawal and invoked a legal exception. However, the prerequisites for the right of revocation were not met, because the download made available after the pre-order did not yet contain any usable games. Until the release date, the game is worthless to buyers and Nintendo’s contract is not fulfilled in any way
This goes against Nintendo’s argument that the return policy was fair because players could pre-load games after the pre-order was completed, thereby fulfilling the sales contract.
So far, this legal outcome has not been challenged by Nintendo, although no changes to the returns policy appear to have been made at this time – Nintendo still states on their website that returns can be made up to 7 days before a game is released. However, based on the outcome of this case, the company may now be forced to implement an updated policy soon. The case could set a precedent for how digital game sales are handled, now that a court has ruled that pre-ordered content does not amount to a product returned to the customer.
Problems with refunds being given to video game buyers have been a long-standing issue in the gaming community, with refund policies varying widely between different retailers, which many gamers find unfair. Some companies like GOG have very lenient refund policies, while others like
nintendo
have only recently begun to relax their strict rules on returns. This case sought to improve the rights of consumers to
nintendo switch
users, and with this new verdict, it looks like it will do just that.
Next: Pokémon Sword And Shield Doesn’t Refund Players For Purchasing Wrong DLC
Sources: Nintendo Life
The NYPD officially unmasked Spider-Man
About the Author
Deven McClure
(50 articles published)
Deven McClure is a gaming news writer for Screenrant, reporting on the latest gaming developments. A lifelong video game enthusiast, she began writing for Screenrant in 2021. Originally from California where she studied arts and child development, Deven moved to New York in 2017 to pursue writing and acting. . After moving, she attended Gotham Writing School focusing on writing articles and television. Now based in Brooklyn, she lives with her boyfriend and her cat. When she’s not spending time with them, you can no doubt find her playing her latest video game obsession – most likely something with farming and crafting. She has been playing games since she was a child, always reading as much information about them as possible, and is thrilled to work in an industry she is passionate about.
More Deven McClure