These terms of sale apply to any purchases of products in Nintendo Online Store.
Nintendo Online Store is operated by Nintendo of Europe GmbH (“Nintendo”, “we” or “us”) with its registered office on Herriotstrasse 4, 60528 Frankfurt, Germany, registered number HRB 101840 Amtsgericht Frankfurt am Main, Managing Director: Satoru Shibata, VAT number: DE 132095955, email address: email@example.com, fax number: +49 (0) 69 66 77 47 731.
To place an order you must be a natural person at the age of 18 years or older and a resident of Belgium, France, Germany, Italy, the Netherlands, Portugal, Spain, Austria or Switzerland (the “Participating Countries”).
You have to place a product you wish to purchase in the virtual shopping basket and to enter your address and payment details as requested. You will be given the opportunity to review and amend the details of your order. You will enter into a binding purchase agreement by clicking on “Purchase”. We will save the details of your purchase to process your order and you will receive a confirmation email.
You hereby agree that Nintendo will provide you with an electronic invoice (by email) only.
The prices indicated are in Euros, except for the United Kingdom where the prices are in Pound Sterling. All prices are inclusive of VAT.
Only payments via a credit card are accepted. All prices and delivery charges must be paid in full at the time of ordering.
Delivery shall be made to the delivery address supplied by you at the time of ordering. We do not deliver products to any address outside of the Participating Countries.
The delivery is performed by Swiss Post in Switzerland and by other delivery partners in other Participating Countries. The delivery time is 14 working days (from Monday to Friday, except public holidays) from the conclusion of the purchase agreement.
The shipping costs are 4,80 Euro per order.
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day:
To exercise the right to cancel, you must inform us (Nintendo of Europe GmbH, Herriotstr. 4, 60528 Frankfurt am Main, Germany, fax number: +49 (0) 69 66 77 47 731, email: firstname.lastname@example.org) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email). You may use the attached model cancellation form (PDF, 17 kB), but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We will make the reimbursement without undue delay and not later than 14 days after the day we receive back from you any good supplied.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The cancellation right expires earlier in respect of the contracts listed below:
Any items delivered to you will remain the property of Nintendo until payment is made in full.
In the event of a defect the statutory provisions shall apply
If the product is subject to an additional manufacturer’s warranty,
Any claims based on a manufacturer's warranty are irrespective of any statutory rights you may have. You can find the details about an additional manufacturer’s warranty here.
If we fail to comply with these Terms of Sale, Nintendo is liable for damages arising as a foreseeable result of our negligence or breach of these Terms of Sale.
Loss or damage are foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time when you ordered a product under these Terms of Sale. We are not responsible for any loss or damage that is not foreseeable.
The products offered on Nintendo Online Store are for your own personal recreational and non-commercial use. Therefore we are not responsible for any loss of profit, loss of business, business interruption, loss of data or loss of business opportunity.
We do not in any way exclude or limit our liability for: intent or gross negligence; death or personal injury; fraud or fraudulent misrepresentation; any breach of the terms implied by law relating to our title to the Nintendo intellectual property; any breach of these Terms of Sale implied by law relating to the description, satisfactory quality and fitness for purpose of products which may be offered on Nintendo Online Store; and product liability.
Contact details of your local Nintendo Customer Support can be found at http://contact.nintendo.eu.
These terms of sale shall be governed by and construed in accordance with the laws of Germany, excluding the UN Sales Convention on Contracts for the International Sale of Goods.