Norwegian Consumer Council calls out platforms with inadequate preorder return policy

[johnhoftb]

I originally had this on the Switch Megathread, but I figured it would be best as a separate thread since it also points out other platforms.

https://www.forbrukerradet.no/side/n...aking-the-law/

The Norwegian Consumer Council (NCC) has found that out of the seven leading digital video game platforms, only Origin and Steam had adequate systems in place for refunding purchased video games. Out of the seven platforms, Nintendo in particular violates consumer rights by not offering any way to cancel a pre-ordered game.

If a consumer, for whatever reason, wants to return a game that they have purchased through Battle.net, Uplay, Playstation Store, Xbox Store and Nintendo eShop, options range from contacting customer support, to no options at all.

Pre-ordering is an increasingly common practice in the video game market, where consumers are enticed to purchase games months ahead of the official release date without having seen the finished product at the time of purchase.

In a letter to Nintendo, the Norwegian Consumer Council asks the company to comply with European law on their platform; Nintendo eShop.

— When pre-ordering a video game, you have the right to cancel your order at any time before the release date. This should be a quick and easy process, for example by the click of a button, says Finn Myrstad, director of digital policy at the NCC.

The Consumer Council discovered that Nintendo stands out from the rest when it comes to the pre-ordering of video games. The company plainly states that all purchases are final. According to the right of withdrawal laid down in the consumer rights directive, such terms are illegal.

— Until the game can be downloaded and launched, the seller cannot prohibit the consumer from cancelling their pre-order, Myrstad explains.
Demands change

In a letter addressed to Nintendo, the Norwegian Consumer Council asks the company to explain why they are not complying with European legislation on their digital platform: Nintendo eShop.

— Nintendo needs to change their practice. They should comply with the law, and give consumers a clearway to execute their rights if they wish to cancel their order. Regardless of the system the platform has for pre-orders and refunds, the right of withdrawal should apply before the release date, Myrstad says.

The Norwegian Consumer Council trusts that Nintendo wants their customers to be satisfied, and that they will make the necessary changes in order to bring their platform in line with European law.
Avoid pre-orders

The video game industry uses incentives such as exclusive in-game content or other rewards in order to encourage consumers to pre-order games. However, pre-ordering could result in paying a lot of money for a product that turns out to be a disappointment. For most digital video game platforms, there are no possibilities to get your money back after the release date.

In the report that the Norwegian Consumer Council published in December, other video game platforms also came under fire for the way they handle cancellations of pre-orders. Consumers often face complicated systems, where they have to fill out long forms or contact customer support in order to cancel their pre-orders.

— With these hurdles in mind, we discourage consumers from pre-ordering video games, unless they are 100 % sure that the game will live up to their expectations, Myrstad warns.

[Tech614]

Not sure why we need laws to prevent people from being stupid, but hey w/e floats the boat.

You shouldn't be paying for anything until you're 100% sure you want it, period.

[Zephyr Storm]

Not sure why we need laws to prevent people from being stupid, but hey w/e floats the boat.

You shouldn't be paying for anything until you're 100% sure you want it, period.

While I agree that pre-ordering is no one's fault but the people who do it themselves, there is still an issue with the somewhat shitty refund/return systems most distribution platforms still seem to have. Granted, it's gotten better as time has went on, but there is still room for massive amounts of improvement.

[Yunru]

There are games out there that may look good, but in reality they are bad. One game i wanted a pre-order turned out to be very bad. (if i didnt check the japanese gameplay, i would totaly waste money on it)

[Super Kami Dende]

Easy fix. If you aren't 100% sure you want the game. Don't buy it until it's out.

Why do we need to keep making laws to stop stupid people from being stupid.

[Verdugo]

Easy fix. If you aren't 100% sure you want the game. Don't buy it until it's out.

Why do we need to keep making laws to stop stupid people from being stupid.

So that companies are punished for making shitty products where they spend more on marketing than development?

[Lahis]

So a small European country gives Nintendo a strongly worded letter.

That will sure fix eShop's problems

[Gorsameth]

So a small European country gives Nintendo a strongly worded letter.

That will sure fix eShop's problems

If they don't then Norway can take it up with EU courts and get Nintendo's eStore banned from operating in the EU.
So yes, it has a decent chance of fixing eShops problems.

[Jtbrig7390]

So a small European country gives Nintendo a strongly worded letter.

That will sure fix eShop's problems

Worked with Steam.

[johnhoftb]

Not sure why we need laws to prevent people from being stupid, but hey w/e floats the boat.

You shouldn't be paying for anything until you're 100% sure you want it, period.

Humans are irrational, not stupid. We can miss warning signs or just make a stupid decision.

Heck, even those who are work off rational logic may end up missing a warning sign or two.

Laws are intended to help people not make stupid irrational mistakes. Typically.

[Tech614]

Humans are irrational, not stupid. We can miss warning signs or just make a stupid decision.

Heck, even those who are work off rational logic may end up missing a warning sign or two.

Laws are intended to help people not make stupid irrational mistakes. Typically.

If you preorder a game months in advance and it turns out to be a shit show you have no one to blame but yourself. In fact if you even want to do risky business like that you should be doing it physically as most retailers won't charge your preorder until it ships and you can cancel any time.

Why would anyone preorder a digital game months in advance? That's not irrational, that is just stupid.

1) Digital doesn't have stock limits like a CE or niche release. It's not going to sell out.

2) You get charged right then, months before you will ever be playing anything.

3) If there is a "preorder bonus" you get it no matter if you buy the game 6 months out or 5 mins before release.

4) Even if you do get a refund, it's going to be 4-10 days for most cards to process it so you're still not getting your money back that fast.

Sorry but trying to protect people from suffering from the Darwin effect is doing nothing for our society but teaching people it's okay to be stupid, we'll make laws to protect you!

[RobertoCarlos]

If you preorder a game months in advance and it turns out to be a shit show you have no one to blame but yourself. In fact if you even want to do risky business like that you should be doing it physically as most retailers won't charge your preorder until it ships and you can cancel any time.

Why would anyone preorder a digital game months in advance? That's not irrational, that is just stupid.

1) Digital doesn't have stock limits like a CE or niche release. It's not going to sell out.

2) You get charged right then, months before you will ever be playing anything.

3) If there is a "preorder bonus" you get it no matter if you buy the game 6 months out or 5 mins before release.

4) Even if you do get a refund, it's going to be 4-10 days for most cards to process it so you're still not getting your money back that fast.

Sorry but trying to protect people from suffering from the Darwin effect is doing nothing for our society but teaching people it's okay to be stupid, we'll make laws to protect you!

as always you have a very narrow outlook on these things. Yes some people are stupid, well done for observing the obvious and stating it multiple times. Laws are there to protect people from exploitative business practices. Gaming companies offer elusive pre order bonuses and lack even basic refund policies. Which btw people can want to return things for multiple reasons so its silly to try limit it down to "I didnt think about it that clearly and rushed in because im stupid" maybe they run into money troubles and cancel a product they havent received yet. So save the high and mighty approach. Nothing wrong with gaming companies being held to normal business standards

[Tech614]

Yes some people are stupid

Glad you agree.

Buying a game = cc company takes a hit of profit.

Refund = cc company again takes a fee company is now in the red for that transaction.

But yea, we need laws to prevent people from being stupid, at the cost of companies.

If you buy a game months in advance and it sucks you get 0 sympathy from me. That's not narrow minded, just sounds like you're getting offended because you may have been in that situation and want to rationalize it?

[Gorsameth]

Glad you agree.

Buying a game = cc company takes a hit of profit.

Refund = cc company again takes a fee company is now in the red for that transaction.

But yea, we need laws to prevent people from being stupid, at the cost of companies.

If you buy a game months in advance and it sucks you get 0 sympathy from me. That's not narrow minded, just sounds like you're getting offended because you may have been in that situation and want to rationalize it?

It doesn't matter what you think. EU law is clear. You can refund before the release date. If companies don't agree with that they are free to not do business within the EU or not offer pre-orders.

[Tech614]

It doesn't matter what you think. EU law is clear. You can refund before the release date. If companies don't agree with that they are free to not do business within the EU or not offer pre-orders.

Clearly EU law means jack shit as companies aren't obeying it.

It's a waste of time to make laws when you don't even bother to enforce them.

It just shows how laughable lawmakers are if all they have time for is trying to protect people from being idiots with their money. Good job electing these schmucks guys, I guess it's really no different then the US or anywhere else.

[Gorsameth]

Clearly EU law means jack shit as companies aren't obeying it.

It's a waste of time to make laws when you don't even bother to enforce them.

It just shows how laughable lawmakers are if all they have time for is trying to protect people from being idiots with their money. Good job electing these schmucks guys, I guess it's really no different then the US or anywhere else.

But this topic is about it being enforced....

[Wilian]

Clearly EU law means jack shit as companies aren't obeying it.

It's a waste of time to make laws when you don't even bother to enforce them.

It just shows how laughable lawmakers are if all they have time for is trying to protect people from being idiots with their money. Good job electing these schmucks guys, I guess it's really no different then the US or anywhere else.

"Clearly EU law means jack shit as companies aren't obeying it."

You are in thread where those laws are being enforced by governmental entity.

Besides, they do matter. I've gotten refunds (before Steam's current refund policy which btw. exists mainly thanks to EU) that Steam was most unwilling to accept all the way up til I went to consumer bureu of Finland and dealt the matter that way.