At the beginning of the year, the Frankfurt Regional Court dismissed a petition from the German Federation of Consumer Organizations (VZBV) and the Norwegian Consumers Council in which it requested Nintendo Europe that would allow the return and refund of digital video games pre-purchased in the console’s eShop, something that the company does not offer today and that could violate the right of European consumers.
Not happy with the sentence, the plaintiffs’ organizations escalated the complaint to Frankfurt High Court and the result, as we can read in the VZBV official website, has been favorable for them: this new court has rejected the decision above, which may affect Nintendo’s refund policy for video games reserved on the Switch eShop.
Since September of last year the reserves of digital games for Nintendo Switch had a new return and refund period that allows cancel pre-purchase up to seven days before the launch of the game; that is, when we reserve a title through the eShop we should not receive any charge on the card until one week before its release, which facilitates any type of refund in case we prefer not to proceed with the advance purchase of said product .
From VZBV they point out the ineffectiveness of this reimbursement service, since it does not allow testing the product before deciding whether or not it fulfills what was promised commercially: “The download available after the pre-order did not contain any usable games. Until the release date, the game is of no value to the buyer and the Nintendo contract has not been fulfilled in any way, “they explain in their statement.
It remains to be seen how this new resolution will affect the return policy of the Switch eShop.