These Terms were last updated on 3 October 2019
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.
Making a Purchase
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 Wii U and 3DS Family products featured on the Website are European/Australian versions. This means that all Wii U and 3DS Family software available to purchase from the Website is compatible with the European/Australian version of the relevant console only and all Wii U and 3DS Family consoles available to purchase from the Website are compatible with the European/Australian version of any software.
After you have finished shopping, click on ‘Checkout Securely Now' 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.
Price and Payment
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.
Delivery of Products by Post
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.
Delivery of Digital Products
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 to your Nintendo Account or via the eShop by entering the 16 digit download code into your eshop account on the relevant console 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.
Your Right to Cancel an Order
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 Service Team through your account via our online message centre, to obtain a unique returns authorisation number and confirm the address to where you need to return the product. Alternatively please complete the cancellation form accessed by clicking here and send it by email to email@example.com. 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 note that any product you return is your responsibility until it reaches our warehouse. We therefore recommend that you send your product back to us using a delivery service that insures you for the value of the products.
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 purchased from the Website are covered by an extended two year warranty. This means that for all Nintendo consoles purchased from the Website, Nintendo will extend its standard Nintendo Hardware Warranty by a period of 12 months. The applicable standard Nintendo Hardware Warranty terms and conditions can be reviewed by clicking on the relevant link below or, for the Nintendo Classic Mini: Super Nintendo Entertainment System and the Nintendo Classic Mini: Nintendo Entertainment System, by reviewing the information provided with those consoles:
Nintendo games software published by Nintendo for the Wii U and 3DS family of consoles purchased from the Website is covered by a 24 month warranty. The applicable warranty terms and conditions can be reviewed by clicking on the relevant link below:
Please note that no warranty applies for Switch software (including Nintendo Labo).
Accessories purchased from the Website may be covered by either a Nintendo or a manufacturer’s warranty. Please refer to the product box and literature for details.
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.
Licence to use Software
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).
Our Liability to You
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.
Law and Jurisdiction
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.
Third Party Rights
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.
Online Dispute Resolution
Nintendo currently does not participate in the alternative dispute resolution procedure accessible through the EU Online Dispute Resolution Platform.
Changes to these Terms and Conditions
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.