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Terms of Sale
These terms of sale apply to any purchases of products in Nintendo Online Store.
Nintendo Online Store is operated by Nintendo of Europe GmbH (“Nintendo”, “we” or “us”) with its registered office at Nintendo Center, 63760 Grossostheim, Germany, registered number HRB 4276 Amtsgericht Aschaffenburg, Managing Director: Satoru Shibata, VAT number: DE 132095955, +49 (0) 6026 / 2004000, eMail: email@example.com
To place an order you must be a natural person at the age of 18 years or older and a resident of Belgium, France, Germany, Italy, Republic of Ireland, the Netherlands, Portugal, Spain or United Kingdom (the “Participating Countries”).
You have to place a product you wish to purchase in the virtual shopping basket and to enter your address and payment details as requested. You will be given the opportunity to review and amend the details of your order. You will enter into a binding purchase agreement by clicking on “Purchase”. We will save the details of your purchase to process your order and you will receive a confirmation email.
You hereby agree that Nintendo will provide you with an electronic invoice (by email) only.
2. Prices and Payment
The prices indicated are in Euros, except for the United Kingdom where the prices are in Pound Sterling. All prices are inclusive of VAT.
Only payments via a credit card are accepted. All prices and delivery charges must be paid in full at the time of ordering.
3. Delivery, Shipping Costs and Customs
Delivery shall be made to the delivery address supplied by you at the time of ordering. We do not deliver products to any address outside of the Participating Countries. You are responsible for any applicable customs' duties or taxes in your own country.
The delivery is performed by the Royal Mail for the deliveries in the UK and by Spring in other Participating Countries. The estimated delivery time is 14 working days. This is approximate only and not guaranteed.
The shipping costs are 4.80 Euro per order, except for the United Kingdom where shipping costs are 3.90 Pound Sterling per order.
4. Instructions for right of withdrawal
Right of withdrawalYou can withdraw from your contractual statement within one month without giving reasons by sending a notice in text form (e.g. a letter, facsimile or email) or – if you acquire possession of the good prior to the expiration of the deadline - by returning the good. The deadline begins after the receipt of these instructions in text form, however, but not before you acquire possession of the good (in case of a contract for regular delivery of goods during a defined period not before you acquire possession of the first good) and not before we have fulfilled our information duties pursuant to Art. 246 sec. 2 in conjunction with sec. 1 para. 1 and 2 Introductory Law to the German Civil Code, and not before we have fulfilled our information duties pursuant to sec. 312 g para. 1 sentence 1 German Civil Code in conjunction with Art. 246 sec. 3 Introductory Law to the German Civil Code.
To keep the deadline it is sufficient to send the notice of withdrawal or the good in due time. The withdrawal is to be addressed to:
Nintendo of Europe GmbH
Consequences with regard to the right of withdrawl
In the event of a valid withdrawal, any services and products received and, if applicable, any profit derived therefrom (e.g. interests) shall be returned. In the event that you are unable to return or to completely return the received services and products as well as profits (e.g. advantages of use) or where you can only return them in a deteriorated condition, then you may be liable to pay compensation.
You are not obligated to pay compensation for the deterioration of the good resulting from the use of the good in accordance with its intended purpose. You are only obligated to pay compensation for any derived profits, as far as the profits result from a use of the good which exceeds the review of its characteristics and functioning. "Review of its characteristics and functioning" shall be deemed any testing of the good which would have been possible and usual at a retail store. If goods can be shipped by parcel, we bear the risk of return. You have to bear the costs of returning the good if the delivered good complies with the ordered one and if the price of the returned good does not exceed 40,- Euro or if, where the price is higher, at the date of withdrawal you have not paid the full amount or an agreed partial amount. In any other cases the return of the good is free of charges. Goods which cannot be sent by parcel will be picked up at your address. The obligation to reimburse must be fulfilled within 30 days. For you the deadline begins with sending us the notice of your withdrawal or the good, for us the deadline begins with the receipt of the withdrawal.
End of the instructions for the right of withdrawal
The right of withdrawal does not apply to:
- goods which are not suitable for return and
- audio and video recordings or software (such as PC and video games) where you have broken the seal on the data carrier.
5. Costs for Returning Products
In case you exercise your right of withdrawal, you have to bear the costs of returning the product if the delivered product complies with the ordered one and if the price of the returned product does not exceed 40,- Euro or if, where the price is higher, at the date of withdrawal you have not paid the full amount or an agreed partial amount. In any other cases the return of the product is free of charges.
6. Reservation of title
Any items delivered to you will remain the property of Nintendo until payment is made in full.
In the event of a defect the statutory provisions shall apply. If the product is subject to an additional manufacturer’s warranty, details of such a manufacturer's warranty are attached to the delivered product. Any claims based on a manufacturer's warranty are irrespective of any statutory rights you may have.
8. Applicable law
These terms of sale shall be governed by and construed in accordance with the laws of Germany, excluding the UN Sales Convention on Contracts for the International Sale of Goods.