Just yesterday, we learned that the Norwegian Consumer Council was accusing Nintendo of breaking the law in Europe with how the eShop operates. According to the NCC, Nintendo was legally obligated to provide a refund option for eShop preorders. Now Nintendo has responded, and they clearly believe they're in the right.
"The operation of Nintendo eShop in Europe is fully compliant with European laws relating to the statutory rights of consumers."
from GoNintendo
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