My Nintendo Store: General Terms and Conditions of Sale

Version: 01.2024

These General Terms and Conditions of Sale apply to the sale of products (including digital products) from the My Nintendo Store by Nintendo of Europe SE (“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 SE with headquarters at Goldsteinstraße 235, 60528 Frankfurt am Main, Germany, phone number: (+44) 0330 91 24 581 (United Kingdom), (+44) 0330 91 24 581 (Ireland) registered at the Frankfurt am Main District Court under HRB 135709, Legal Representatives: Luciano Pereña López (Chairman), Laurent Fischer, Tsutomu Enoki, chairman of the supervisory board: Satoru Shibata, VAT identification number: DE 132095955, email: store@nintendo.co.uk (United Kingdom), store@nintendo.ie (Ireland), store@nintendo.eu (all other countries).

1. Orders

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 these General Terms and Conditions of Sale. With respect to the My Nintendo Store, these General Terms and Conditions of Sale are more specific than the Nintendo Account Agreement and, in case of divergent information, prevail 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 products 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 (such as digital content delivered on a tangible medium, hardware, merchandise, clothing and other goods):

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.

In respect of digital products (such as digital content and digital services):

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.

We do not store the contract text for you. You can 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. Nintendo will also send you a confirmation email with the details of your order and a copy of these General Terms and Conditions of Sale.

3. Prices and payment

The prices given are in euros. For United Kingdom the prices are given in British pound. For Switzerland the prices are given in Swiss Francs. All prices include VAT.

Only payments by credit card, debit card, Apple Pay, Google Pay and PayPal will be accepted. Only debit cards co-branded with VISA or Mastercard are accepted. PayPal is available on pre-orders starting from 28 calendar days before their release date. Payments by Apple Pay and Google Pay are not possible for pre-orders.

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.

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.

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 Nintendo Account used to place the order for the digital product or to the email addressed provided during the guest checkout process. A Nintendo Account is required to redeem download codes online and the licence for a digital product is tied to your Nintendo Account and allows you to use the digital product only on one user device you have linked to your Nintendo Account and to which the digital product has been downloaded.

Delivery is made to the address for delivery given by you when placing your order. With regard to orders via www.store.nintendo.ie, we do not deliver to any addresses outside the following countries or to any overseas territories: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden. With regard to orders via www.store.nintendo.co.uk, we do not deliver to any addresses outside the United Kingdom or to any overseas territories. For products shipped to France, our unique identifier for packaging at the “Agence de la transition écologique” is FR007502_01AYEJ.

You will be informed of the delivery time 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 times apply, we may dispatch the goods in one shipment. In this case the applicable delivery time for all the goods ordered shall be the period applicable to the item in your order with the longest delivery time.

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. 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

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a) In case of physical products (such as digital content delivered on a tangible medium, hardware, merchandise, clothing and other goods):

Instructions for right to cancel

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 on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or in the case of multiple goods ordered by you in one order and delivered separately, on the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right of cancellation, you must inform us (Nintendo of Europe SE, Goldsteinstraße 235, 60528 Frankfurt am Main, Germany, phone number: (+44) 0330 91 24 581 (United Kingdom and Ireland), email address: store@nintendo.co.uk (United Kingdom), store@nintendo.ie (Ireland), store@nintendo.eu (all other countries)) of your decision to cancel this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model cancellation form, 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 of cancellation before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we shall reimburse to you all payments received from you, including the costs of delivery ( with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will carry out such 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 a result of such 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.

For shipping countries:

  • Germany, Netherlands, Belgium, Austria, Czech Republic, Denmark, Estonia, Bulgaria, Croatia, Cyprus, Finland, Greece, Hungary, Latvia, Lithuania, Luxembourg, Malta, Romania, Slovakia, Slovenia, Sweden, you shall send back the goods or hand them over to us at Nintendo of Europe SE, c/o Arvato SCS Poland, Logicor Logistics Park, gate 1, Ul. Składowa 11, 62-023 Żerniki, Poland
  • France, Italy, Spain, Portugal, Andorra, Gibraltar, Spain, Monaco, San Marino, Vatican City, Switzerland, Poland, Liechtenstein, you shall send back the goods or hand them over to us at Nintendo of Europe SE, c/o EGD Logistics, S.L., Nave 6, Les arenelles, Poligono Industrial , Spain
  • United Kingdom, Guernsey (Channel Islands), Jersey, Isle of Man, Ireland, you shall send back the goods or hand them over to us at Nintendo of Europe SE, c/o EGD Logistics UK, Mustang Drive, Unit 128, ST16 1GW Stafford, UK

without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

We will bear the 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

.b) In case of digital content which is not supplied on a tangible medium and in case of digital services:

Instructions for right to cancel

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 of the conclusion of the contract.

To exercise the right of cancellation, you must inform us (Nintendo of Europe SE, Goldsteinstraße 235, 60528 Frankfurt am Main, Germany, phone number: (+44) 0330 91 24 581 (United Kingdom and Ireland), email address: store@nintendo.co.uk (United Kingdom), store@nintendo.ie (Ireland), store@nintendo.eu (all other countries). of your decision to cancel this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model cancellation form, 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 of cancellation before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will carry out such 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 a result of such reimbursement

If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.

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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;
  • contracts for the supply of digital content where we supply digital content not on a tangible medium and where the contract places you under an obligation to pay: the cancellation right expires if we have begun our supply of the digital content after you have expressly consented that we can begin the supply before the cancellation period ends, you have acknowledged that you lose your right to cancel the contract in this circumstance and we provided confirmation of the contract;
  • contracts for the supply of digital content where we supply digital content not on a tangible medium and where there is no obligation to pay: the cancellation right expires earlier if we have begun our supply of the digital content;
  • service contracts where the contract places you under an obligation to pay: the cancellation right expires earlier if the service has been fully performed by us, the performance of the service began with your prior express consent, you acknowledged that you lose your right of cancellation once the contract has been fully performed and we provided confirmation of your consent;
  • services contracts with no obligation to pay: the cancellation right expires earlier if the service has been fully performed by us.

Model Cancellation Form

(If you want to cancel the contract please complete and return this form.)

I/We ( * ) hereby give notice that I/we ( * ) cancel my/our ( * ) contract of sale of the following goods( * )/for the provision of the following service ( * ):

  • Ordered on( * )/received on ( * );
  • Name of consumer(s);
  • Address of consumer(s);
  • Signature of consumer(s) (only if this form is notified on paper),
  • Date:( * ) Delete as appropriate.

7. Retention of title

All goods shall remain the property of Nintendo until payment in full has been made.

8. Updates and modifications

Nintendo reserves the right to modify digital content and digital services or parts thereof, as well as digital content supplied on a tangible medium or parts thereof beyond what is necessary to maintain such products in conformity in case of a valid reason for such modification. A valid reason exists, if the modification introduces new services, features or functionalities (in particular to improve or further develop such products or parts thereof), if the products have to be adapted to a new technical environment or to increased user numbers or if modifications are necessary for operational reasons. Nintendo will inform you about any such modifications.

9. Unauthorized modification

Without Nintendo's written consent, you must neither lease nor rent digital content and digital services, digital content on tangible mediums and hardware with digital elements nor sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of such products other than as expressly permitted by applicable law.

10. Defects

In the event of a defect, the statutory warranty provisions shall apply.

If the products 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.

11. Nintendo‘s liability to you

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 General Terms and 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.

12. Nintendo customer service

The contact details of the Nintendo customer service responsible for you can be found at https://contact.nintendo.eu.

13. 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.

14. 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.

15. 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.