Last Updated: October 2019
These Purchase Terms (the “Terms”) apply to your purchase and use of products (“Products”) offered by Nintendo through the storefront located on Nintendo.com (the “Store”). Your purchase of a Product requires that you agree to these Terms; if you do not understand the Terms or do not accept any part of them, do not purchase Products. If you are under 18, you may only make purchases through the Store with the involvement of a parent or guardian. The Products available may vary by country, and the Store may not be available in all countries. These Terms are a part of and incorporated by reference in the Nintendo.com Terms of Use (the “Site Terms”), which also apply to your use of the Store. Additional terms may apply to your use of the Store and purchase of Products, as noted at the time of purchase.
NOTE: THE SITE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION. THIS PROVISION, ALONG WITH ALL OTHER TERMS IN THESE TERMS AND THE SITE TERMS, APPLIES TO YOUR PURCHASE OF PRODUCTS THROUGH THE STORE.
By using or accessing the Store, or by indicating your agreement to these Terms when the option is made available to you (for example, at the time of purchase), you agree to be bound by these Terms. If you do not agree to these Terms, please do not purchase Products through the Store.
These Terms are by and among you and Nintendo of America Inc., unless you live in Canada. If you live in Canada, these Terms are by and among you and Nintendo of Canada Ltd. Nintendo of America Inc., and Nintendo of Canada Ltd. and are collectively referred to as “Nintendo” or “we,” as applicable.
- Pricing.
The current price for Products will be the price shown in the Store at the time of purchase, which may vary by country. Some Products may be available for pre-purchase. The terms and conditions applicable to any special purchase offer will be provided by Nintendo together with such offer. Nintendo is not obligated to match the advertised price for the same Product offered elsewhere. Pricing and availability may change without notice.
Although we attempt to provide accurate information through the Store, there may be times where information, such as pricing, is incorrect or out of date. We may attempt to contact you to remedy the error or to cancel your order if your payment card or method has not been charged yet.
- Ordering and Payment.
We may make various payment processing methods available to you for your Product purchases. You must abide by any relevant terms and conditions, or other legal agreement, whether with Nintendo or a third party provider, that applies to your use of your selected payment processing method. Nintendo may add, remove, or change payment processing methods without notice.
You represent that you are authorized to use the form of payment that you provide to Nintendo and that any payment information that you provide is true and accurate. Subject to applicable law and the terms and conditions that apply to your form of payment, you are responsible for any unauthorized, fraudulent, or erroneous transactions arising in connection with your use of the Store.
The total amount due for payments submitted with a non-US credit card may depend upon applicable foreign exchange rates, taxes, and fees applied by your bank or your credit card issuer. You agree that you are solely responsible for all fees and taxes associated with all purchases that you make through the Store. When you place an order, you authorize Nintendo to charge the credit card, debit card, or other payment method you have chosen in the total amount of your order (including any applicable taxes). Applicable tax will be applied at the time of purchase and calculated based on the shipping address you provide, except for any digital Products, for which applicable tax will be calculated based on the billing address you provide.
The Store may offer Nintendo Switch Online memberships (“Memberships”) for purchase. IF AUTOMATIC RENEWAL IS SET, THE MEMBERSHIP WILL AUTOMATICALLY RENEW AT THE END OF THE CURRENT MEMBERSHIP TERM FOR SUCCESSIVE PERIODS MATCHING THE AUTOMATIC RENEWAL TERM AT THE THEN-CURRENT PRICE, PLUS APPLICABLE TAXES. You can turn off automatic renewal by going to Account Information on Nintendo eShop at any time up to 48 hours before the end of the then-current period. Upon turning off automatic renewal, your Membership will remain active until the end of its term and you will not receive any refunds or credits.
Nintendo reserves the right to change the date that a Product becomes available without notice. Nintendo reserves the right to reject your order for any reason.
- Risk of Loss.
Risk of loss or damage for Products purchased by you will transfer to you upon delivery of the Product to the shipping carrier, except for any digital Products, for which risk of loss will transfer to you upon electronic transmission of the digital Product to you.
- Product Returns, Warranty, and Repair.
Certain Products may be eligible for return, repair or warranty coverage.
Please visit https://en-americas-support.nintendo.com/app/answers/detail/a_id/15576 for information on Product return and other policies.
Please visit http://support.nintendo.com/warranty for Product warranty information.
Please visit http://support.nintendo.com for Product troubleshooting and repair information.
We reserve the right to make changes to the above-referenced policies at any time. Except as provided for in such policies or as is required by law, all Product purchases are final and non-refundable.
- Rights and Restrictions.
Products are for personal use and may not be resold for commercial purposes. If you violate any portion of these Terms, your rights under these Terms will immediately terminate.
- Miscellaneous
These Terms, together with the Site Terms and any additional terms noted at the time of purchase, constitute the entire agreement between you and Nintendo with regard to your purchase of Products through the Store.
The laws of the State of Washington, U.S.A., without regard to its conflict of laws provisions, will govern these Terms and any dispute of any sort pertaining to these Terms, or your purchase of Products through the Store, that might arise between you and Nintendo.
Nintendo reserves the right to take steps Nintendo believes reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms.
