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Wyrdness said:
Tbh I full on support this case as eShop defies consumer rights in the EU in this case the has to be a cancellation and refund option added remember this is the same type of case that Valve lost when they tried to fight it and were forced to implement cancellation and refund options.

http://www.wiifitrainer.com/2018/12/19/nintendo-will-be-taken-to-court-over-its-illegal-eshop-pre-ordering-system/?fbclid=IwAR29oaknaYmFKSsZN5SKK55VHu3c6cPyhiCc3FajvtH8Kh7sL-5gJXNhI5c

Agreed, I don't think it should be legal for any storefront to disallow consumers from backing out of a pre-order before the item is in their possession, ESPECIALLY something like a digital item which has no shipping/delivery process.