Nintendo Should Modify Shop: Case Succeeded for Right of Withdrawal

Nintendo has excluded the right to withdraw video games available for download before they are published on its online store. Now the court clearly ruled: this clause is illegal. The 14-day return right also applies to pre-loaded games.

Consumer protection struggles to adapt to online store conditions

The courts have to step in again and again, as companies also want to try to circumvent the existing right of withdrawal through new sales channels – we recently got one The return of the strange suit Reported against GameStop in Germany. Now he does Federal Consumers Association (vzbv) draws attention to a new ruling that strengthens the rights of digital video game buyers. Accordingly, the Frankfurt Higher Regional Court judges ruled that “the right of 14-day withdrawal must also apply if a video game has been purchased in advance but is not yet playable.”
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The reason for the ruling was the lawsuit brought by vzbv against Nintendo Europe GmbH. As is customary with other providers, the company offers in its online store the opportunity not only to purchase video games before the release date, but also to download them. After this preload, the title will then appear on the main screen of the program keyboard icon, but that will only activate with an update at launch. Nintendo previously excluded the right of withdrawal for such purchases, citing legal exceptions.

As the judges are now discovering, these conditions were not met for the effective expiration of the right of withdrawal. “As of the date of publication, the game is of no value to purchasers and Nintendo’s contract has not been fulfilled in any way,” vzbv said in support of the president’s explanation.

Only in the second case

Consumer advocates earned their victory in the second tier. After the rejection by the Regional Court in Frankfurt am Main, a so-called judgment of recognition was reached in the appeal proceedings of the Higher Regional Court. On the judges’ advice, Nintendo has recognized vzbv’s claim for injunctive relief as justified. The German online store has already been adapted accordingly.

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