Nintendo's previously come under fire for their Switch eShop policy, with criticism mainly levied towards the refund process. Letting customers cancel pre-orders until a week before release, they'd intially won a court case defending this practice last year, but that's been overturned on appeal.
As reported by Pressfire, the German court of appeal reversed its decision and has now sided with two groups, the Federation of German Consumer Organisations (VZBV) and The Norwegian Consumer Council.
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Nintendo’s Lost a German Court Appeal Over Switch eShop Pre-Orders
These consumer group filed a case against Nintendo for their eShop pre-order policy, which they regarded as an 'unfair' ruling. That's because of the lack of a free trial for those new games to be tested first by potential buyers, with no refund process in place once released.
A part of VZBV's official statement (translated by Nintendo Life) reads as:
Nintendo hasn't released a formal statement regarding this matter, and we've seen no change to their terms and conditions. We'll update you once that happens.