Does the right of withdrawal still apply to Nintendo Switch games after the seal has been removed?

I found a very cheap offer for Animal Crossing New Horizons at an online shop I don't know. It is the shop "netgames". Here the game costs only 49 euro, while at other providers it costs 55-60 euro. In addition, the delivery time is said to be significantly faster here.

However, I did some research online and a customer wrote about the shop that he had ordered a game, which then arrived in a completely different language, which he could no longer do with. The seller did not want to take back the item and he spent his money for free.

On their website I could find the following about the right of withdrawal:

"The right of withdrawal does not exist for the following contracts:

Contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery. "

As far as I know, Nintendo Switch games are sealed, but you can't test the game without removing the seal. Are Nintendo Switch games included, or can't you send them back after removing the seal?

If something should happen to me that I suddenly get the game in a completely different language with which I can't do anything, or something else is wrong with the game, I would of course like to send the game back.

I thank you in advance for answers!

Already ordered there. The rule is: The games are always sent in the language in which you buy them. Say: You buy for the EU market, then German is included. And after opening and testing you can send it back.

Thanks for the answer, but sure that it always applies? It may be that it hasn't happened to you yet, but that doesn't mean that it's always the case. I found the following in the small print in the game description:

"Item images serve as samples, deviations are possible (best-of-variant, platinum or similar).

A different language pack may be sent, the content of which has been checked and is identical to the USK version. "

So: nowadays most games are delivered with all languages anyway. As long as there's nothing Japanese on the product image, it is compatible with your German switch. Try it! If need be: stick the cling film on the packaging with a hair dryer, or if you don't take it back, put it on eBay for 45 euro. 5 euro loss, but you make that painful.

The packaging itself should actually provide information about the voice output.
So before opening the seal, you can check whether the correct speech has also arrived.

Okay, thanks for the answer!

Thanks for the answer!

The right of withdrawal expires when the seal is broken, but claims from the merchant's liability for material defects ("warranty") do not, of course.

Should something be delivered that you have not ordered (here e.g. Only Japanese without any references) we're in the area of liability for defects anyway (see §434 BGB (1)) and no longer with the right of withdrawal. According to the definition, the game would not be free from material defects and the dealer must make improvements. A point of contention would be at most §434 BGB (1) No. 2 whether the goods are suitable for normal use. If in doubt, this would have to be decided by a judge. But with the right arguments, the dealers usually go a long way.