These General Terms and Conditions of Sale apply to the sale of products from the My Nintendo Store by Nintendo of Europe GmbH (“Nintendo”, “we” or “us”) to you. The products that are offered in the My Nintendo Store are intended exclusively for private use and not for commercial use.
The My Nintendo Store is operated by Nintendo of Europe GmbH with headquarters at Herriotstrasse 4, 60528 Frankfurt am Main, Germany, registered at the Frankfurt am Main District Court under HRB 101840, Koji Miyake - Managing Director, VAT identification number: DE 132095955, email: firstname.lastname@example.org, fax number: +49 (0) 69 66 77 47 731.
The My Nintendo Store is a Nintendo Account Service that is provided by us. Therefore to be able to place orders at the My Nintendo Store, you must have concluded a contract for a Nintendo Account and be signed in on your Nintendo Account on our website when completing the purchase contract.
To place an order, you must be a natural person, 18 years of age or older and reside in United Kingdom, South Africa, Austria, Belgium, France, Germany, Italy, Luxembourg, the Netherlands, Portugal, Spain (excluding the Canary Islands), Switzerland (excluding Samnaun), Czech Republic, Denmark, Finland, Greece, Ireland, Norway, Poland, Republic of Bulgaria, Republic of Croatia, Republic of Cyprus, Republic of Estonia, Republic of Hungary, Republic of Latvia, Republic of Lithuania, Republic of Malta, Republic of Slovenia, Romania, Slovak Republic, Sweden (the “Participating Countries”).
You must place the goods that you wish to buy into a virtual shopping basket and enter your address and details for payment when you are prompted to do so. You will be given the opportunity to check your order and to change the details of your order. You will enter into a binding purchase contract when you click on “purchase”. We shall store the details of your purchase in order to process your order and you will receive a confirmation by email.
You hereby agree that Nintendo will send you an electronic invoice only (by email).
The languages available for entering into the contract are Dutch, French, German, Italian, Portuguese and Spanish. The contract language will correspond to the language of the country that you have selected for this website; for Belgium, Luxembourg, Switzerland, there are several languages available from which you must select one.
The contract text will not be stored by us. You can however look at the applicable General Terms and Conditions of Sale on the My Nintendo Store webpage for your country. You can also print or store this page using the usual function for this on your Internet browser. You can also archive these General Terms and Conditions of Sale and the details of your order by downloading the General Terms and Conditions of Sale and storing the details summarised on the final page of the ordering process in the Internet shop using the functions on your Internet browser.
The prices given are in British Pounds and Euros. All prices include VAT.
Only payments by credit card will be accepted. The purchase price and delivery costs must be paid in full when you place your order.
In the case of purchases using credit cards your credit card account will be charged on despatch of the order by us.
My Nintendo Store vouchers may be entered only prior to the conclusion of the ordering process. Unless otherwise stated, My Nintendo Store vouchers may be entered only once and on a single account. Pursuant to relevant law My Nintendo Store vouchers may not be transferred or redeemed or exchanged for cash or credit. The use of My Nintendo Store vouchers is subject to these General Terms and Conditions of Sale and to the special conditions for My Nintendo Store vouchers.
We deliver only by mail order. Collection of goods by the customer is not possible. We do not deliver to parcel delivery stations.
Delivery is made to the address for delivery given by you when placing your order. We do not deliver to any addresses outside the Participating Countries.
Deliveries in Switzerland are made using DHL. In the other Participating Countries deliveries are made using other delivery partners.
You will be informed of the delivery period on the respective product details page and prior to placing the order.
The period for delivery starts to run on payment in advance on the day following conclusion of the contract and ends on expiry of the last day of the period. If the last day falls on a Saturday, Sunday or a nationally recognised general public holiday at the delivery location, the next business day is to be regarded as the last day.
If you order several items in one order, in respect of which different delivery periods apply, we may dispatch the goods in one shipment. In this case the applicable delivery period for all the goods ordered shall be the period applicable to the item in your order with the longest delivery period.
By way of exception we have no obligation to deliver the ordered goods where we have for our part properly ordered the goods, but they have not been delivered correctly or on time (congruent covering transaction). An additional requirement is that we are not responsible for the lack of availability of the goods and that we have informed you of this circumstance without delay. In addition we must not have taken on the risk of procuring the ordered goods. In the event of corresponding non-availability of the goods we shall reimburse the payments you have already made without delay. We accept no risk of having to procure an ordered item (procurement risk). This shall also apply in the case of orders for goods described only according to their nature and characteristics (generic goods).
You as purchaser shall bear the delivery costs. In the case of delivery to a non-EU country your order may be subject to additional import taxes or duties that are levied as soon as the package arrives at the designated destination. All additional fees for customs clearance must be borne by you. We have no influence on these fees. For more information on customs regulations we recommend that you contact your local customs authority. Please note that you are considered the importer in the case of orders from the My Nintendo Store and must comply with all laws and regulations of the country in which you receive the products.
You have the right to cancel this contract within fourteen days without providing reasons.
The cancellation period is fourteen days from the date when you, or a third party nominated by you who is not the carrier, have taken possession of the goods or in the case of partial deliveries of the last delivered items.
To exercise your right of cancellation you must inform us (Nintendo of Europe GmbH, Herriotstrasse 4, 60528 Frankfurt am Main, Germany, fax number: +49 (0) 69 66 77 47 731, email address: email@example.com) by an unambiguous statement (e.g. a letter sent by post, a fax or an email) of your decision to cancel this contract. You can use the attached model-cancellation-form (PDF, 10 kB), but its use is not obligatory.
To comply with the cancellation period it is sufficient that you dispatch the communication concerning the exercise of the cancellation right prior to the expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract, we must reimburse you all payments that we have received from you, including the delivery costs (but excluding the additional costs that arise because you have selected a method of delivery other than the advantageous standard delivery offered by us,) without delay and at the latest within fourteen days from the date on which we receive the communication of your cancellation of this contract. For this reimbursement we shall use the same payment method used by you in the original transaction, unless otherwise agreed with you; you will not in any case be charged fees for this reimbursement.
We can refuse reimbursement until we have received the returned goods or until you have produced evidence that you have sent the goods back, whichever is the earliest date.
You must send back or hand over the goods to us at
Fiege Logistik Stiftung & Co. KG
Märkische Allee 15
D- 14979 Großbeeren
without delay and in any event at the latest within fourteen days from the date when you inform us of the cancellation of this contract. You have complied with this deadline if you send the goods prior to expiry of the fourteen days. You will bear the direct costs of returning the goods.
You must be liable for any diminution in value to the goods only when this diminution in value results from handling by you other than is necessary to ascertain the nature, properties and functioning of the goods.
The right of cancellation will expire prematurely in the case of contracts
All goods shall remain the property of Nintendo until payment in full has been made.
In the event of a defect the statutory provisions shall apply.
If the goods have the additional benefit of a manufacturer’s warranty, all claims that depend on a manufacturer’s warranty shall survive regardless of possible statutory claims and do not affect the latter.
If we do not comply with the conditions of sale, Nintendo shall be liable for damage arising as a foreseeable consequence of the culpable conduct or the breach of the conditions of sale by us.
Losses or damage are deemed foreseeable where they are an obvious consequence of our breach or have been contemplated by you and us when you ordered a product subject to these conditions of sale. We are not liable for unforeseeable losses or damage.
The products that are offered by the My Nintendo Store are intended exclusively for private use and not for commercial use. Accordingly we are not liable for loss of profit, business losses, business interruptions, loss of data or lost business opportunities.
Liability is not in any way excluded or limited by us for: intentional or gross negligence, damage to life, body or health, fraud or fraudulent misrepresentation, breaches of statutory provisions in relation to our rights in the intellectual property of Nintendo, breaches of statutory provisions in relation to the description, satisfactory quality and fitness for purpose of products offered by the My Nintendo Store and product liability.
The contact details of the Nintendo customer service responsible for you can be found at http://contact.nintendo.eu.
There is no right to be able to order products from the My Nintendo Store. In particular in the case of fraud, attempted deception or in the event of suspicion of other illegal activities in connection with orders from the My Nintendo Store, Nintendo may exclude customers from the option of ordering products on the My Nintendo Store and/or require an alternative payment method.
The law of the Federal Republic of Germany applies to these General Terms and Conditions of Sale to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Consumers having their habitual residence abroad may however rely upon the mandatory consumer protection regulations of their home country.
The EU Commission has established an online platform for the settlement of disputes between traders and consumers (ODR platform). The ODR platform is accessible at https://ec.europa.eu/consumers/odr/. We have no obligation to participate in and currently do not participate in alternative dispute resolution proceedings before dispute resolution authorities.