Nintendo Lost Pre-Order Cancellation Lawsuit

 

Nintendo Lost Pre-Order Cancellation Lawsuit

On October 28, 2021, the Frankfurt High Regional Court ruled Nintendo of Europe. The case concerned the policy of prohibiting the cancellation of pre-orders in the online store. The company is currently headquartered in Frankfurt.


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Nintendo previously prohibited cancellation of pre-orders within 14 days of release, but changed its policy last year to allow cancellation of online store pre-orders within 7 days of release. This policy was upheld in court after a legal action brought by the Federation of Consumer Organizations of Germany on January 22, 2020 ended in a positive decision. However, the case was appealed to the Higher Regional Court of Frankfurt, which overturned this decision.


“Nintendo offered video games for download through the online store prior to their official release date. The download usually includes a full preload of the game in addition to the icon that will be displayed on the console. The game was unlocked via an update on the official release date. These online purchases may under normal circumstances be canceled for any reason within 14 days. ”

“Nintendo has not recognized the right of cancellation, relying instead on a legal exclusion. However, the conditions for revoking the right of cancellation were not met because the download available after pre-ordering did not contain a playable game. The game was useless to the buyer prior to the release date and the contract with Nintendo was not fulfilled. "


With regard to cancellation of pre-orders, Nintendo's policy is to change following a decision by the Frankfurt Regional Superior Court. The decision is considered valid throughout Europe.


Nintendo received an official letter stating that failure to comply with the decision of the Frankfurt High Regional Court could result in fines of up to 250,000 euros for the violation or even jail time for key figures in the company. 

Nintendo Lost Pre-Order Cancellation Lawsuit

“The Higher Regional Court of Frankfurt dismissed the claim of the Federation of German Consumer Organizations in the first instance. Consumer advocates finally succeeded in their appeal to the Frankfurt Regional High Court. After discussing the legal situation during the hearing, the judges advised Nintendo to accept the request for an injunction by the Federation of German Consumer Organizations as valid. The company has met the requirements. In its final decision, the court upheld the full legal action of the Federation of German Consumer Organizations. As usual in such rulings, the final decision does not provide the basis for a decision. "

The consumer's right to cancel online store pre-orders has been at stake in this legal battle. The ruling by the Frankfurt Regional Supreme Court means that consumers should now be able to cancel their pre-orders with a full refund at any time before the official release date. Nintendo claims to have made the decision and made changes to its pre-order system.

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