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German consumer protection authority to take Nintendo to the court

Thaldor
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(Eurogamer as source)

Earlier this year Norwegian Consumer Counsil (NCC) started to prosecute game companies over their poor return policies or in this case over Nintendo eShops strict non-return policy (article by SC2Mitch). Now this little stomping on customer rights has been taken to the new level because German Consumer Protection Authorities (VZBV) has filed a court case against Nintendo. These are one and the same case and VZBV has worked closely with the NCC to make this happen because Nintendo Europe resides in Germany.

 

The whole thing is about the Nintendo eShops strict non-return policy which is so strict that the customers can't even return pre-orderes. Nintendo tries to defend this with the argument that because pre-order games can be downloaded before the release and this should fulfill the contract between Nintendo and the consumer and consumer can kiss goodbye for their rights to return.

Quote

The eShop policy in question is Nintendo's refusal to allow cancellations and refunds of eShop games, even pre-ordered way before release. The Norwegian Consumer Council said this breaks European law, but Nintendo said the pre-loading process - whereby the game can be downloaded ahead of release - means it doesn't.

 

Nintendo cited article 16 of European Consumer Law Directive 2011/83 in defence, which says it doesn't have to allow cancellation if "the performance has begun with the consumer's prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader".

All comes down to the terminology; Has the "performance" (meaning delivery of the product or service, IIRC) begun with the pre-download (which in Nintendos case may even mean small icon on your device) or not?

What I know about the Finnish consumer rights and their court cases this would be very clear and fast process in Finland, game would be delivered to the customer only when the customer can play it (when customer can use the product or when the customer uses the service), meaning even if the game was 100% downloaded and installed but still locked customer should be able to return it because the game hasn't been delivered yet and so the performance hasn't started, only something that was custom made for the customer could evade this in Finland. I'm quite positive Norways consumer laws are quite the same, but I don't know about Germany and I'm not ready to start guessing just because Germany has quite a lot laws that don't really make any sense (like how their laws actually make copyright trolling possible and legal and what I have read the courts are as helpful as they can... for the trolls, not to even talk about their censoring and hate speech and other laws like those).

 

It will take sometime to reach the verdict, the whole thing should start in 3-4 weeks but it can take up to year to take it to the finish line. In the mean time crab your popcorns and get ready to watch "The S##t The Companies Say" where we dive deep into the world of a company that tries to swim out of anti-consumer politics and the normal s##t companies do to try to make few more bucks.

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Nintendo don’t have the money to give back lol

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Just going to remind everyone that it is entirely MORALLY acceptable to steal anything and everything from Nintendo.

 

They key words being MORALLY ACCEPTABLE. It is entirely illegal and you should absolutely NOT do this, because the law says so. That being said, it's entirely morally acceptable if you do.

 

If you do steal from Nintendo, the law says you should not, but your conscience will remain clean.

 

Jim Sterling has an absolutely great video on why it's perfectly acceptable to do this from a moral standpoint.

Ketchup is better than mustard.

GUI is better than Command Line Interface.

Dubs are better than subs

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6 hours ago, Trik'Stari said:

Just going to remind everyone that it is entirely MORALLY acceptable to steal anything and everything from Nintendo.

 

They key words being MORALLY ACCEPTABLE. It is entirely illegal and you should absolutely NOT do this, because the law says so. That being said, it's entirely morally acceptable if you do.

 

If you do steal from Nintendo, the law says you should not, but your conscience will remain clean.

 

Jim Sterling has an absolutely great video on why it's perfectly acceptable to do this from a moral standpoint.

 

Similar arguments can be made for companies like Microsoft, who invade people's private property and then steal those people's personal and personally-owned data and then sell if for the company's own profit.

 

 

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