The NCC Reports Steam, Origin, PS Store And Nintendo eShop For ‘Breaches Of Clauses’

The Norwegian Consumer Council has referred the Nintendo eShop, Steam, Origin and PlayStation Store to the Norwegian Consumer Authority for alleged “breaches of clauses concerning the right of withdrawal.”

Finn Lützow-Holm Myrstad, director of digital services at the Consumer Council, has said all four are “in breach of Norwegian and European consumer contracts legislation.”

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A survey carried out by the Consumer Council in December last year found that gamers are being prevented from cancelling pre-orders on the Nintendo eShop gaming platform. Steam, Origin and PlayStation Store, meanwhile, do not fulfil the criteria that would make them exempt from the right of withdrawal, yet they claim that the statutory right to cancel a purchase does not apply to them.

“We have previously written to Nintendo eShop asking it to comply with the rules and change its practices,” reports the NCC. “This led nowhere, and we are now filing a formal complaint about Nintendo eShop as well as Steam, Origin and PlayStation Store.”

Nintendo responded to the earlier complaint by saying “The operation of Nintendo eShop in Europe is fully compliant with European laws relating to the statutory rights of consumers.”

If this does get referred to the European courts this is going to take years to sort out, so don’t expect any changes soon.

Source: NCC

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5 Comments

  1. The actual complaint seems to be fairly trivial and simple to fix without really changing anything.

    For Steam/Origin/PSN it looks like their only issue is that they don’t ask for your express consent. Probably fairly simple to just ask “do you agree that once you click this button, you can’t change your mind?”

    For Nintendo it’s a bit worse because you can’t cancel pre-orders at all. Nintendo will probably be stubborn about it, the others will probably just add an extra thing you have to click to buy anything.

    • Why cant you cancel pre-orders? I can if order online from a shop, why should digital be any different?

      • It shouldn’t be any different. Nintendo seem to think you can’t cancel a pre-order.

        The others let you cancel, but not once you’ve downloaded it. But it looks like Norway is upset that they don’t make that clear enough and need to get explicit consent. So all they need is a button that says “Click this if you agree you can cancel before you download it, but not afterwards”.

        It’s just Nintendo that is being ridiculous about it, everyone else seems to just be not quite playing by the EU “click all these things to agree to everything” rules. The same sort of rules that gave us endless “piss off and stop telling me about cookies” buttons and whatever nonsense we’ll have to deal with in the next month thanks to the new data protection stuff.

      • Sony’s policy is quite good, you can cancel any purchase up to the point it’s completely downloaded, which seems very fair. Nintendo will get there, the consumer laws in the east are often poorer than in Europe, but in the mean time this is all unwanted bad press for them. The other services need to sort their act out though, for once European law has the right idea.

  2. There’s a lot of online retailers lagging behind European law when it comes to charging up an account, rather than paying directly. Recently I found out that Currys + vouchers + botched order = stressful nightmare. However, before Christmas my daughter pinched my mates controller and spent £75 on pointless FIFA DLC on his PS4 (haha), we then found the Sony’s refund process an absolute dream and he even persuaded them to refund the store credit to his bank account! A big win for Sony and my little girl’s piggy bank :)

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