Steam, Origin, the PlayStation Store, and Nintendo's eShop have all recently come under fire after being reported by the Norwegian Consumer Council (NCC) for breaching European consumer legislation, as reported by GamesIndustry.biz, which isn't the first time the NCC has examined the eShop at least, since back in February they questioned Nintendo on whether consumers could cancel pre-orders.
The other three platforms have been reported for not adhering to the right of withdrawal, however, failing to meet the criteria to be exempt. The complaint itself can be found here in full, which explains further that these platforms don't get "express consent from the consumer" and so loses the right for withdrawal, which is an EU law allowing consumers to refund a purchase between the day they make it and until 14 days after receiving the purchased item.
The NCC adds that talks with Nintendo resulted in nothing, and now a formal complaint is being filed, since digital games "do not exist in a lawless vacuum". The NCC also explained that "Steam (Valve) does have a compliant policy, but they have not made the correct reservations immediately before the consumer makes the purchase. The consumer must acknowledge the policy by ticking a box or something similar. An action from the consumer is required."
It's also worth noting that Nintendo has responded, according to PressFire, apparently disagreeing with the NCC's interpretaton, as they claim the NCC is using the US terms of service, with the European one being phrased slightly differently. Also, since you can pre-load the game, they consider the sale already completed.
"The supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer 's prior express consent and his acknowledgment that he thereby loses his right of withdrawal," a translated section of the statement reads.
We'll keep you updated as this matter progresses. Do you have trouble with refunds on digital purchases?