The Norwegian Consumer Council has sent a letter to Nintendo informing them they have breached the EU Consumer Rights Directive with regards to their pre-order/pre-load policy on the Nintendo eShop.
In the letter, Nintendo was asked to clarify if there were options for consumers to cancel a pre-order from the Nintendo eShop, and if yes, how one would be able to do this.
Unfortunately, there has never been a way to withdraw pre-orders from the Nintendo eShop, unlike other storefronts such as Steam, PS Store, and Xbox Store. This is illegal, according to the EU Consumer Rights Directive. The council has demanded an explanation why Nintendo has not offered an option for consumers to cancel their pre-order.
“They have to change how they do things” says Thomas Iversen of the Norwegian Consumer Council. “They have to follow the rules and clearly show how the consumer can proceed if they want to cancel a pre-order. No matter what their policies are on pre-orders or refunds, the right of withdrawal is always applicable before the game is released.”