Nintendo Nintendo VS The European Union

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Just read from dualshockers and eurogamer on Nintendo is taken to court by the EU over the refund policies on the eShop:

The Norwegian Consumer Council (EU) is taking German-located Nintendo of Europe to court over illegal refund policies on the eShop.

For anyone who is aware of Nintendo’s eShop and established practices, you may know what is being argued — but not that it is allegedly illegal. On the eShop, gamers are able to pre-order games ahead of release. However, once you have pre-ordered a game, you aren’t able to get a refund — even if the game hasn’t come out yet.

Around February 2018, the Norwegian Consumer Council sent a warning shot to Nintendo of Europe via an open letter that said Nintendo violated article 16 (m) of the Consumer Rights Directive. More specifically, they argued that if the content has not yet been delivered, there is no legal basis to withhold purchasers’ money if they are looking for a refund.

"The operation of Nintendo eShop in Europe is fully compliant with European laws relating to the statutory rights of consumers." said Nintendo.

Not satisfied with the response, the Norwegian Consumer Council is now bringing Nintendo to court to settle the matter on what the company is able to do with their pre-order programs. The consequences could be wide-spread, with a judgment for the Council possibly impacting how Nintendo conducts sales globally...
 
Norway is associated with EU through the EEA, they are doing it through the EU court.
 
I feel Nintendo should refund buyers who pre-order a game which has not been released unless the game was crowd funded on a website like Kickstarter and Indiegogo where people fund games in exchange for a game or other item like a T-shirt or ending credits name.
 
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