Ruling: Right of return also applies to preloaded games

A court in Frankfurt am Main has ruled that the fourteen-day right of withdrawal must also be guaranteed for preloads of computer games. In the case in question, the consumer association had filed a lawsuit against Nintendo. Nintendo waived its right to appeal.

Preloads are not an exception

Specifically, the case was about the fact that Nintendo did not provide an opportunity to return the game in due time during a preload for its Switch. The game could be downloaded before the actual release date, but not yet played. A return within fourteen days was not possible.

The consumer association saw this as a violation of the consumer’s right to protection: the purchasers were not yet able to access a usable game; in other words, no service had yet been rendered, so there was no justification for eliminating the statutory option to withdraw from the contract. The Frankfurt am Main Higher Regional Court followed this line of argument.

Changes already implemented

Nintendo has waived its right to appeal, so the ruling is legally binding. The necessary changes have already been implemented in the online store. In the meantime, the possibility of return exists there for preloads.

It is interesting that the case was originally filed in Norway, but then continued in Germany, since Nintendo’s European branch is located near Frankfurt am Main. Strictly speaking, the ruling now applies exclusively to Norway. However, since Norway, although not a member of the EU, follows the requirements of an EU directive with regard to consumer protection, the legal situation is identical in all EU member states, so that it can also be assumed here that Nintendo is obligated to provide the return option.