4 ms·

I don't understand this sentence; it must reference some context I'm unaware of: "When you purchase digital content in Nintendo eShop, at the time of your purc

I don't understand this sentence; it must reference some context I'm unaware of: "When you purchase digital content in Nintendo eShop, at the time of your purchase, you consent to Nintendo beginning with the performance of its obligations immediately, before the cancellation period ends, and you acknowledge that you will thereby lose your right to cancel at that point."

cbhl 4y ago
This appears to be in reference to Article 7.3 of the applicable directive: https://eur-lex.europa.eu/eli/dir/2011/83/2022-05-28 https://eur-lex.europa.eu/eli/dir/2011/83/2022-05-28 Vague English summary here (the Sample story simply says "the 14 day cooling off period doesn't apply to concert ticket purchases" which seems insufficiently precise). https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm https://europa.eu/youreurope/citizens/consumers/shopping/gua...
marlor 4y ago
UK Consumer Contract law has a 14-day cancellation period. For digital goods, the legislation states: —— Under a contract for the supply of digital content not on a tangible medium, the trader must not begin supply of the digital content before the end of the cancellation period provided for in regulation 30(1), unless— (a)the consumer has given express consent, and (b)the consumer has acknowledged that the right to cancel the contract under regulation 29(1) will be lost. —— Therefore, Nintendo is stating that the 14-day cancellation period is to be waived, and digital goods are to be deemed as supplied immediately upon purchase.
- Joker_vD 4y ago
  Wait, does that piece of law states that if you buy something as an Internet download, you then have to wait two weeks before you can actually download and use it unless you either a) ask the seller to not wait for two weeks; or b) give up on refunding?
  - Ekaros 4y ago
    In practise lets take a digital activation key for lets say Steam. Sold by thid-party. They have automated system in place where after purchase the key is hopefully allocated, but hidden. And in EU and UK as this was remote purchase you have standard 14-day return window. Now you can reveal the key by accepting a pop-up that you forgo this return right. Which makes sense as it is digital one time key... Now faulty products are a fun mess...
  - tsimionescu 4y ago
    It's not a) or b), it's both a and b - you ask the seller to send it right now, knowing that you are forgoing your right to return it within 14 days.
  - FabHK 4y ago
    You need to pay a toll to use Austria's highways, by purchasing a sticker. You can purchase that sticker online, but not within 18 days of your intended first use day, because you by law you have 14 days to request a refund for online sales, and then they add 3 days because you could ask for your refund by snail mail. So they won't issue a first validity day within 18 days of purchase. <face palm> > Q: Why is the digital vignette valid from the 18th day after purchase at the earliest when purchased in the Toll Shop? > A: For consumers, the digital vignette or the digital section toll annual card cannot be used immediately after purchase. This also means, however, that you can edit your product before the start of the validity period without having to give any reasons (registration number, validity period). > This restriction does not apply to companies. The reason for this is that, according to the European Consumer Protection Directive, consumers have the right to withdraw from the online purchase of a product or service within 14 days. As this withdrawal is possible by e-mail and by post, a further three days are allowed for cancellation by post until arrival at ASFINAG. https://shop.asfinag.at/en/maut-produkte/digitale-vignette/01-10-tagesvignette-pkw-2022/ https://shop.asfinag.at/en/maut-produkte/digitale-vignette/0...
  - smileybarry 4y ago
    It's a bunch of legal mumbo jumbo that basically means: you can refund within 14 days, as long as you haven't started downloading the content yet (which is also Sony's legal policy), because then it hadn't been "delivered" yet. But purchases on eShop queue up a download immediately (as opposed to Sony's "download now" button), so I don't know how that period can "exist". Maybe you have a case if all of your Nintendo devices are offline at the time or something.
- jwmoz 4y ago
  I think Sony PS game store has some contract when you buy that must refer to this
MereInterest 4y ago
It sounds like legal gibberish to me as well, but here's my best guess: * Contracts may have some cancellation period associated with them. You and I have entered a contract where I renovate your kitchen, and in exchange you pay me. I have you on the calendar in three months. If you change your mind in the next month, you can cancel the contract at no penalty. * Two weeks later, I call you back and ask if you'd like me to start immediately. Somebody else canceled, and I have an opening in the schedule. You agree, and so I start the renovations. * Another week passes, and the renovations are complete. But we're only three weeks into the original month-long cancelation period, so you slyly say that you'd like to cancel with no penalty. I could say that since I had begun the performance of my obligations, the cancellation period ended early. So, I can understand where the concepts would come in. What makes no sense whatsoever is to have a cancellation period that ends at the same moment that the cancellation period starts. In the example, the cancellation period ended based on a follow-up choice. In Nintendo's wording, it seems like an attempt to negate any cancellation period whatsoever, because it would be created and dismissed within the same contract.
- Waterluvian 4y ago
  Does it act as a way to nullify a default policy if one isn’t explicitly stated?
ogogmad 4y ago
Shouldn't it say after the cancellation period ends, not before? Are these people literate?
- d1sxeyes 4y ago
  No. It’s correct as written. The point of this phrasing is to establish a waiver of the cancellation period for distance selling. The reason for the UK and EUs 14 day cancellation period for distance selling is to give a proper opportunity to inspect the goods and ensure they are fit for purpose. There is a waiver that vendors can require customers to accept for various types of purchase, such as digital purchases, on the grounds that there’s no need for the goods to be inspected, or that “inspecting” the goods is so indistinguishable from “using the goods” that the 14 day period makes no sense. Here, Nintendo are saying “our obligations under this contract are being met immediately, not after you’ve had 14 days to inspect and accept the goods”.
smileybarry 4y ago
Maybe it's some legal coverage for the one exception of pre-orders? IIRC you can pre-order games on the eShop and cancel >=30 days before release. Maybe it has its own "cancellation period" definition.

cbhl 4y ago

This appears to be in reference to Article 7.3 of the applicable directive: https://eur-lex.europa.eu/eli/dir/2011/83/2022-05-28 https://eur-lex.europa.eu/eli/dir/2011/83/2022-05-28 Vague English summary here (the Sample story simply says "the 14 day cooling off period doesn't apply to concert ticket purchases" which seems insufficiently precise). https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm https://europa.eu/youreurope/citizens/consumers/shopping/gua...

marlor 4y ago

UK Consumer Contract law has a 14-day cancellation period. For digital goods, the legislation states: —— Under a contract for the supply of digital content not on a tangible medium, the trader must not begin supply of the digital content before the end of the cancellation period provided for in regulation 30(1), unless— (a)the consumer has given express consent, and (b)the consumer has acknowledged that the right to cancel the contract under regulation 29(1) will be lost. —— Therefore, Nintendo is stating that the 14-day cancellation period is to be waived, and digital goods are to be deemed as supplied immediately upon purchase.

Joker_vD 4y ago
Wait, does that piece of law states that if you buy something as an Internet download, you then have to wait two weeks before you can actually download and use it unless you either a) ask the seller to not wait for two weeks; or b) give up on refunding?
- Ekaros 4y ago
  In practise lets take a digital activation key for lets say Steam. Sold by thid-party. They have automated system in place where after purchase the key is hopefully allocated, but hidden. And in EU and UK as this was remote purchase you have standard 14-day return window. Now you can reveal the key by accepting a pop-up that you forgo this return right. Which makes sense as it is digital one time key... Now faulty products are a fun mess...
- tsimionescu 4y ago
  It's not a) or b), it's both a and b - you ask the seller to send it right now, knowing that you are forgoing your right to return it within 14 days.
- FabHK 4y ago
  You need to pay a toll to use Austria's highways, by purchasing a sticker. You can purchase that sticker online, but not within 18 days of your intended first use day, because you by law you have 14 days to request a refund for online sales, and then they add 3 days because you could ask for your refund by snail mail. So they won't issue a first validity day within 18 days of purchase. <face palm> > Q: Why is the digital vignette valid from the 18th day after purchase at the earliest when purchased in the Toll Shop? > A: For consumers, the digital vignette or the digital section toll annual card cannot be used immediately after purchase. This also means, however, that you can edit your product before the start of the validity period without having to give any reasons (registration number, validity period). > This restriction does not apply to companies. The reason for this is that, according to the European Consumer Protection Directive, consumers have the right to withdraw from the online purchase of a product or service within 14 days. As this withdrawal is possible by e-mail and by post, a further three days are allowed for cancellation by post until arrival at ASFINAG. https://shop.asfinag.at/en/maut-produkte/digitale-vignette/01-10-tagesvignette-pkw-2022/ https://shop.asfinag.at/en/maut-produkte/digitale-vignette/0...
- smileybarry 4y ago
  It's a bunch of legal mumbo jumbo that basically means: you can refund within 14 days, as long as you haven't started downloading the content yet (which is also Sony's legal policy), because then it hadn't been "delivered" yet. But purchases on eShop queue up a download immediately (as opposed to Sony's "download now" button), so I don't know how that period can "exist". Maybe you have a case if all of your Nintendo devices are offline at the time or something.
jwmoz 4y ago
I think Sony PS game store has some contract when you buy that must refer to this

MereInterest 4y ago

It sounds like legal gibberish to me as well, but here's my best guess: * Contracts may have some cancellation period associated with them. You and I have entered a contract where I renovate your kitchen, and in exchange you pay me. I have you on the calendar in three months. If you change your mind in the next month, you can cancel the contract at no penalty. * Two weeks later, I call you back and ask if you'd like me to start immediately. Somebody else canceled, and I have an opening in the schedule. You agree, and so I start the renovations. * Another week passes, and the renovations are complete. But we're only three weeks into the original month-long cancelation period, so you slyly say that you'd like to cancel with no penalty. I could say that since I had begun the performance of my obligations, the cancellation period ended early. So, I can understand where the concepts would come in. What makes no sense whatsoever is to have a cancellation period that ends at the same moment that the cancellation period starts. In the example, the cancellation period ended based on a follow-up choice. In Nintendo's wording, it seems like an attempt to negate any cancellation period whatsoever, because it would be created and dismissed within the same contract.

Waterluvian 4y ago
Does it act as a way to nullify a default policy if one isn’t explicitly stated?

ogogmad 4y ago

Shouldn't it say after the cancellation period ends, not before? Are these people literate?

d1sxeyes 4y ago
No. It’s correct as written. The point of this phrasing is to establish a waiver of the cancellation period for distance selling. The reason for the UK and EUs 14 day cancellation period for distance selling is to give a proper opportunity to inspect the goods and ensure they are fit for purpose. There is a waiver that vendors can require customers to accept for various types of purchase, such as digital purchases, on the grounds that there’s no need for the goods to be inspected, or that “inspecting” the goods is so indistinguishable from “using the goods” that the 14 day period makes no sense. Here, Nintendo are saying “our obligations under this contract are being met immediately, not after you’ve had 14 days to inspect and accept the goods”.

smileybarry 4y ago

Maybe it's some legal coverage for the one exception of pre-orders? IIRC you can pre-order games on the eShop and cancel >=30 days before release. Maybe it has its own "cancellation period" definition.