These Terms were last updated on 3rd February 2016.
These terms and conditions of sale ('Terms') apply to any order you place through the Nintendo website at http://store.nintendo.co.uk/ (the 'Website'). Please read these Terms carefully before ordering any products from the Website as, by placing an order through the Website, you confirm that you have read, understood and agree to these Terms. If you do not agree to these Terms, you must not order any product or service through the Website.
This Website is owned and operated by Nintendo UK, a branch of Nintendo of Europe GmbH, registered in England and Wales under branch registration number BR 5889, whose registered address is at Quadrant, 55-57 High St, Windsor SL4 1LP. On this page we use the terms 'Nintendo', 'we', 'our' and 'us' to refer to Nintendo UK, acting in its capacity as a branch of Nintendo of Europe GmbH.
To purchase products from the Website you must be 18 years of age or older and a resident of the United Kingdom.
To make a purchase simply browse through the products featured on the Website and click on the items that you wish to buy to add them to your shopping basket. Please note that products featured on the Website are European/Australian versions. This means that all software (digital and boxed) available to purchase from the Website is compatible with the European/Australian version of the relevant console only and all consoles available to purchase from the Website are compatible with the European/Australian version of any software.
After you have finished shopping, click on 'Go to Checkout' and you will be asked to log in or create a personal account before providing additional details that we need to satisfy your order.
Once your order has been received, we will issue you with an order number by email. This order number is supplied for reference purposes only and does not constitute our acceptance of your order.
Your order is an offer by you to purchase the product(s) ordered from us. Our acceptance of your order will take place only when we dispatch the products that you ordered from us and our acceptance will only relate to the products dispatched and not any other products included in your order. We may refuse to accept or fulfil any order in our absolute discretion. If payment is taken before products are dispatched and the order is subsequently not accepted in full, the payment will be refunded for any elements of the order that are not accepted.
The price of our products and our delivery charges will be as quoted on our Website from time to time, except in the case of obvious error. All prices are displayed in Pounds Sterling inclusive of UK VAT where applicable. Our tax ID number is DE132095955 and VAT number is 770211954.
Our Website contains a large number of products and it is always possible that some of the products listed on the Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that where a product's correct price is less than the stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on the Website, we will either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide any product to you at an incorrect price, even after we have dispatched the products if the pricing error could have reasonably been recognised by you as an error.
Please note that all products that you order through the Website will remain the property of Nintendo until we have dispatched them and received payment in full from you for those products.
Only payments made via a debit or credit card or via Paypal will be accepted. If for any reason any payment by debit or credit card is refused when we are processing your payment we will do our best to contact you by email to correct any error in your card details that may be the cause for the refusal. Please note that we are unable to correct any errors in Paypal payment details once an order has been placed and any orders where payment via Paypal is refused will be automatically cancelled. Please therefore ensure that your Paypal details are kept up to date - this is particularly important for pre-orders where there is a delay between an order being placed and a Paypal account being charged. If for any reason any payment is refused after we have dispatched any product(s) we will have the right to request the payment from you or recover the relevant product(s). We may charge you for any costs incurred by us in recovering the product(s) or seeking further payment.
We only deliver products by post to addresses within the UK.
We are not able to deliver orders to mail forwarding, mail hotel or P.O. Box addresses.
Delivery of products by post will be made to the delivery address supplied by you at the time of ordering, using the delivery method selected by you. The delivery times shown on the Website assume that a product is in stock. If we do not have a product that you ordered in stock, we will let you know as soon as possible and provide an estimated date on which the product will be dispatched.
Once we have delivered any product to you, risk in that product passes to you and you are responsible for its security.
We aim to dispatch digital products within two hours of receiving an order, however in rare circumstances dispatch may be delayed beyond this time. Digital products will be dispatched by sending you a 16 digit download code to the email address registered to the account used to place the order for the digital product. You can download your digital product either directly to your console by following the link included in the dispatch email and signing in with the Nintendo Network ID registered to your console or via the eshop by entering the 16 digit download code into your eshop account on the relevant console. For instructions on how to download your digital product via the eshop, please click here. Digital download codes can be redeemed once only. Please note that in order to download your digital product you must have access to a broadband internet connection and sufficient available storage space on the relevant console.
At Nintendo we want you to be completely satisfied every time you shop with us. If for any reason you are unhappy with the product you have purchased or change your mind and wish to return the product to us just let us know by contacting the Nintendo Customer Support Team on 44 (0) 345 60 50 247 or by completing and sending us the cancellation form accessed by clicking here. You must do this within 14 days of receiving the relevant product. Once you have notified us that you wish to return a product, please return that product to us in its original condition within 14 days. You are responsible for the cost of returning the product to us.
Please quote your order number in all correspondence. Within 14 days of receiving the returned products, we will issue a full refund for the price paid for the products not including any amount paid by you for delivery.
Please note that, unless faulty, physical copies of games software cannot be returned once the seal has been removed from their packaging and, unless faulty, orders for digital products cannot be cancelled once the relevant download code has been used if, during the payment process, you consented to Nintendo providing the digital content as soon as your order was accepted and acknowledged that your right to cancel would be lost when you used your download code.
Nintendo consoles and boxed copies of Nintendo games software purchased from the Website are covered by a two year warranty.
The Nintendo Warranty is in addition to, and does not affect, your statutory rights under UK consumer law, For information on your statutory rights, please visit the Citizens Advice website at https://www.citizensadvice.org.uk/consumer/. Should your product be defective or if it does not conform with the contract of sale, you can choose to make a claim under UK consumer law or the applicable Nintendo warranty.
Nintendo consoles, including the original built-in software included with the respective Nintendo consoles at the time of purchase (together the 'Hardware') purchased from the Website are covered by an extended two year warranty. Subject to the terms and exclusions below, Nintendo warrants to the original consumer purchasing the Hardware that, for a period of 24 months from the date of the purchase of the Hardware, it will be free from material defects in materials and workmanship.
To make a valid claim under this warranty, the original purchaser must notify Nintendo of the defect in the Hardware within 24 months of the date of the purchase of the Hardware, and must return the Hardware to Nintendo within 30 days of notifying Nintendo of that defect. If, having inspected the Hardware, Nintendo accepts that the Hardware is defective, Nintendo will (at its sole discretion) either repair the part causing the defect, or replace the Hardware without charge.
This warranty does not cover:
Boxed copies of Nintendo games software (the 'Software') for use with Nintendo Consoles supplied by Nintendo are covered by a two year warranty. For a period of 24 months from the date of the original purchase by a consumer, Nintendo warrants to the original purchaser that the Software is free from material defects in materials and workmanship at the time of such purchase.
Furthermore, Nintendo will, at its complete discretion, either repair or replace the defective Software without charge to the purchaser.
This warranty does not cover:
This warranty does not apply to Software which has been used prior to the date of original purchase, or has been used at any time for rental or commercial purposes.
To notify Nintendo of a defect covered by the Nintendo warranty, please contact:
Nintendo Customer Support
PO Box 952, Portsmouth PO6 9DY
Tel: 44 (0) 345 60 50 247
Calls to this number are charged at national rates in the UK. Please obtain permission from the person responsible for paying the bill before calling. Before sending the Hardware to Nintendo Customer Support, you must remove or delete any private, personal, or confidential data. You accept and agree that Nintendo will not be responsible for any loss, deletion or corruption of your data that has not been deleted or removed. Nintendo strongly recommends that you make a backup copy of any data that you do not remove or delete. Please note that, depending on the type of repair, data stored in the memory of Hardware may be deleted, and you may not be able to read data saved to your SD Card or import it back onto the Hardware following such repair.
When sending Hardware or Software to Nintendo Customer Support, please:
1. Use the original packaging where possible;
2. Provide a description of the defect;
3. Attach a copy of your proof of purchase, ensuring that it indicates the date of purchase of the Hardware or Software (as applicable) via the Website;
4. Ensure that it is received by Nintendo within 30 days of the original notification of a qualifying defect.
If the 24-month warranty period has expired at the time the defect is discovered or if the defect is not covered by this warranty, Nintendo may still be prepared to repair or replace the part causing the defect or replace the Hardware or Software (as applicable)(at its sole discretion). For further information or, in particular, details of any charges for such services, please contact:
Nintendo Customer Support
Tel: 44 (0) 345 60 50 247
Calls to this number are charged at national rates in the UK, and at international rates in the Republic of Ireland. Please obtain permission from the person responsible for paying the bill before calling.
All games software or any other software which is already pre-installed on or included with a Nintendo console is owned by us or our licensors and is protected by intellectual property rights. When we dispatch the software to you, provided that your payment is successfully processed, we grant you a non-exclusive, non-transferable licence to use the software for your own personal, non-commercial use in accordance with the applicable software licence agreement (available to view by clicking here).
These terms and conditions shall not limit or exclude any liability that we are not permitted to limit or exclude under applicable law including our liability for personal injury or death caused by our negligence, for fraud or fraudulent misrepresentation, for breach of the terms implied by sections 9-17, 28-29, 34-37 and 41 of the Consumer Rights Act 2015, or for defective products under the Consumer Protection Act 1987.
We are only responsible for losses that are a natural foreseeable consequence of our breach of these terms and conditions. We will not be liable to you to the extent we are prevented or delayed from complying with our obligations under these terms and condition by anything you (or anyone acting on your behalf) do or fail to do or due to events which are beyond our reasonable control.
We only supply products for domestic and private use. We will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.
Any dispute or claim arising out of or in connection with these terms and conditions or your use of the Website shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.
Only you, Nintendo and Nintendo of Europe GmbH, shall be entitled to enforce these terms and conditions. No other person shall be entitled to enforce any of these terms and conditions, whether by virtue of the Contracts (Rights of Third Parties) act 1999 or otherwise.
Nintendo currently does not participate in the alternative dispute resolution procedure accessible through the EU Online Dispute Resolution Platform.
We reserve the right to change and update these terms and conditions from time to time and recommend that you revisit this page regularly to keep informed of the current terms and conditions. However, the terms and conditions that apply to the contract for any purchase shall be those that were in force at the time the contract was formed.