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Nintendo doesn’t have to refund digital preorders, according to European court

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But the case has been appealed

Photo by James Bareham / The Verge

Nintendo fans in Europe got some bad news this week. A new court ruling sided with Nintendo’s ongoing practice to not let users cancel digital preorders (via Nintendo Everything).

According to Norwegian gaming site PressFire, the consumer authorities of Norway and Germany sued Nintendo for not letting users cancel digital preorders purchased from the eShop. The case went to court at the end of last year. This week, the court ruled in favor of Nintendo, meaning it can continue the practice for now. PressFire reports that the German consumer authority has appealed the ruling.

When the Norwegian Consumer Council first formally criticized Nintendo’s policy in 2018, it said that Nintendo’s policy conflicts with the EU’s Consumer Rights Directive, which requires that consumers must be able to cancel online purchases and receive refunds. Nintendo’s no-refunds policy is also in place for the US — in fact, Nintendo states that all sales of digital purchases on the Wii U, Nintendo 3DS, and Nintendo Switch are final — and Nintendo is the only console maker that doesn’t let customers cancel a digital preorder, which the Norwegian Consumer Council noted in its 2018 complaint.

Nintendo told Polygon in 2018 that the Nintendo eShop in Europe is “fully compliant with European laws relating to the statutory rights of consumers.”