Nintendo DS (ニ テ ド ー DS, Nintendo DI EU?) Was a mobile videoconsola from the international of Japanese origin, Nintendo, developed to occur to the Video game Kid Breakthrough. It permitted the recreation of video games as well as multimedia, belongs to the seventh generation whose direct rival was the PlayStation Portable. It was the third video game console in which we can connect with the video game by utilizing the touch display.

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Consumer protectors have succeeded! The Higher Regional Court Frankfurt am Main confirms the right of withdrawal for pre-downloads in the Nintendo shop. The company now has to grant its customers more rights.

Pre-orders were not cancellable

This war between consumer protectors and Nintendo already draws quite a while. As early as 2018, a Norwegian rapid protection organization criticized the exclusion of the right of withdrawal in the Nintendo e-Shop as a violation of the EU consumer rights Directive. Finally, the games company successfully resisted a lawsuit in front of the district court. The consumer central association (VIBE) went to the next instance and now won the legal dispute.

Specifically, it’s about Nintendo in advance downloads from pre-ordered playing the right of withdrawal. Consumer protection institutions in Germany and Norway therefore complained against Nintendo. Because the prerequisites for a (proceeds) of the right of withdrawal were not given because the download provided for the pre-order did not yet contain a usable game. Only to the released date the downloaded games are unlocked. Thus, is the game until the release date for the buyers worthless and the Treaty of Nintendo in no way fulfilled. (Source: Consumer Center Bundesverband)

Players receive more rights

Since Nintendo of Europe has its headquarters in Frankfurt am Main, the procedure completed was carried out in Germany. The responsible Higher Regional Court has decided that customers have to get the opportunity to make use of their right of withdrawal, even if a game was downloaded in advance.

Nintendo recognizes the entertainment claim. Meanwhile, both the Norwegian and the German version of the Nintendo E shop was changed and adapted.