My Nintendo Store: General Terms and Conditions of Sale
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 Goldsteinstraße 235, 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.
To be able to place orders at the My Nintendo Store, you either: (i) must log in to the My Nintendo Store using your Nintendo Account when placing an order; or (ii) place an order using the guest checkout function.
If you log in to the My Nintendo Store using your Nintendo Account and if you place an order in the My Nintendo Store via your Nintendo Account, the Nintendo Account Agreement applies in addition to this General Terms and Conditions of Sale. With respect to the My Nintendo Store, this My Nintendo Store General Terms and Conditions of Sale is more specific than the Nintendo Account Agreement and, in case of divergent information, prevails the Nintendo Account Agreement.
To place an order, you must be a natural person and 16 years of age or older.
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.
In respect of physical products:
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. You hereby agree that Nintendo may send you an electronic invoice only (by email).
In respect of digital products:
You will enter into a binding purchase contract with us when you click on “buy now”.
2. Contract language, contract text storage
The languages available for entering into the contract are English. The contract language will correspond to the language of the country that you have selected for this website.
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.
3. Prices and payment
The prices given are in euros. For United Kingdom the prices are given in British pound. All prices include VAT.
Only payments by credit card, debit card, Apple Pay, Google Pay and PayPal will be accepted.
Your payment method will be charged on dispatch of the order by us. In case of partial deliveries, your payment method will be charged separately for every partial delivery.
For pre-order items, you may notice repeat pre-authorisations on your credit card from the time you placed your order until dispatch. These pre-authorizations will be of the amount that is to be debited from your credit card.
Please note that we are unable to correct any errors in payment details once an order has been placed and any orders where payment is refused will be automatically cancelled. Please therefore ensure that your payment 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 payment method 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.
4. My Nintendo Store vouchers
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.
5. Prices, Delivery, delivery costs, costs of return on cancellation and customs duties
We deliver only by mail order. Collection of goods by the customer is not possible. We do not deliver to parcel delivery stations.
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.
Delivery is made to the address for delivery given by you when placing your order. We do not deliver to any addresses outside the following countries: United Kingdom (excluding EU-excepted territories).
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 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).
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. In the case of delivery to a non-EU country, or a delivery to an EU country which is fulfilled from outside the EU (for example, in the event of a delivery from our UK warehouse) your order will not be subject to additional import taxes or duties.
6. Explanations of cancellation rights
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, Goldsteinstraße 235, 60528 Frankfurt am Main, Germany, phone number: +44 03753 098 349, 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, 97 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
Arvato UK, 10A Faraday Ave, Coleshill, Birmingham B46 1AL, United Kingdom
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
- for the delivery of sealed goods, that for reasons of health protection or hygiene are not suitable to be returned, where the seal has been removed following delivery;
- for the delivery of sound or video recordings or software (such as PC and video games) in sealed packaging, where the seal has been removed following delivery;
- for the delivery of digital content not on a physical data carrier, where we have started to perform the contract, after you have expressly agreed that we commence performance of the contract before expiry of the cancellation period and have confirmed that you know that by your agreement to commencement of performance of the contract you are losing your right to cancel;
- for the provision of services where we have delivered the complete service and only commenced performance of the service after you provided your express agreement thereto and at the same time confirmed that you know that in the event of complete performance of the contract by us you lose your right to cancel.
7. Retention of title
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.
Once we have delivered any product to you, risk in that product transfers to you and you are responsible for its security.
9. Nintendo‘s liability to you
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.
10. Nintendo customer service
The contact details of the Nintendo customer service responsible for you can be found at https://contact.nintendo.eu.
11. Restricting use of the My Nintendo Stores
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.
12. Applicable law
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.
13. Agreement Interpretation
If any part of this contract is found to be invalid or unenforceable, that part of the contract will no longer apply. You agree that the invalid part will be considered deleted from the contract, but that all other parts of the contract will remain in effect. You further agree that we may replace the invalid part by a provision which reflects or comes closest to the initial intention.
14. Information on the online dispute resolution and alternative dispute resolution methods for consumers
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.