Purchase Terms

Last Updated: March 2016


These Purchase Terms (the “Terms”) apply to your use of the products and services described below that are offered by Nintendo through this website (the “Site”).

By using or accessing the Services (defined below), 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 use the Services.

If you live in the United States, this Agreement (defined below) is between you and Nintendo of America Inc. If you live in Canada, this Agreement is between you and Nintendo of Canada Ltd. Nintendo of America Inc. and Nintendo of Canada Ltd. and are referred to as “Nintendo” or “We.”

Please review the Agreement carefully, as it creates a binding legal agreement that applies to you.

  1. Scope of the Agreement.

    The Agreement applies to the services and software that you access through the Site. The Site allows you to (a) view, download, or purchase the right to use certain digital content (“Digital Content”), and/or (b) purchase certain hardware, packaged software, accessories, and other items (“Physical Products”) (collectively, the “Services”). Digital Content and Physical Products are referred to as, “Products”. The Services may be accessed using a Nintendo video game system, mobile device, PC, or other device (each a “Device”).

    The following additional terms are incorporated by reference and, collectively with these Terms, govern your use of the Services (collectively, the “Agreement”). Please take a moment to review these additional terms:

    • the Nintendo.com Terms of Use http://www.nintendo.com/terms-of-use;

    • the Nintendo Network Services Agreement applicable to your Nintendo Device;

    • the Nintendo Account User Agreement; and

    • such other terms as Nintendo or its third party partners may post through the Services or together with the Products.

    All disputes related to your access and use of the Services, including any purchases made via the Services, will be governed by the “Disclaimer of Warranties and Limitation of Liability” and “Dispute Resolution; Binding Individual Arbitration; Class Action Waiver” provisions of the Nintendo.com Terms of Use. Any additional terms posted by third party content providers do not modify any terms of the Agreement.

  2. Use of the Services.

    If you are under the age of 18 (or the age of majority where you live), you must get your parent or legal guardian to read and accept this Agreement. If you do not agree to the terms of this Agreement, do not use the Services.

    You may incur access or data fees from third parties (such as your Internet provider or mobile carrier) in connection with your use of the Services. You are responsible for all such fees.

    The Services may vary by country, and may not be available in all countries.

  3. All Sales are Final.

    Except as otherwise provided in the Agreement or as is required by law, all Product purchases are non-refundable. Subject to (a) the terms that govern your use of your selected payment processing method, and (b) applicable law, you are responsible for any unauthorized, fraudulent, or erroneous transactions arising in connection with your use of the Services.

  4. Pricing.

    The current price for Products will be the price shown on the Site at the time of 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.

    Prices for Products in the United States are expressed in USD, prices for Products in Canada are expressed in CAD.

    Although we attempt to provide accurate information on the Site, there may be times where information, such as pricing, is incorrect or out of date. In the event of a pricing mistake, Nintendo will not be bound by the incorrect price unless your credit card, debit card, or other payment method has already been charged. If a mistake is discovered and you haven't been charged yet, we may attempt to contact you to remedy the mistake or to cancel your order.

  5. 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.

    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 Services.

    When you place an order, you permit 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).

    For Digital Content purchases, applicable tax will be calculated and applied at the time of purchase based on the bill-to (payment) address that you provide and the sales tax rate for digital goods in effect for your jurisdiction at that time. For purchases of Physical Products, applicable tax will be calculated and applied at the time of purchase based on the shipping address and the sales tax rate for such Products in effect for your jurisdiction at that time.

    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.

  6. Pre-Purchases of Digital Content.

    You may be given the option to pre-purchase certain Digital Content. When you pre-purchase Digital Content you authorize the automatic charge to your provided payment method at the time that you place your order. The pre-purchased Digital Content will be automatically delivered to your Nintendo video game system once such Digital Content becomes publicly available.

  7. Risk of Loss.

    Risk of loss for Digital Content transfers to you when you download or access the Digital Content.

  8. Physical Products Returns/Warranty/Repair.

    Please visit http://support.nintendo.com for Physical Product troubleshooting and repair information.

    Please visit http://support.nintendo.com/store for information on Physical Product return and other policies.

    Please visit http://support.nintendo.com/warranty for Physical Product warranty information.

  9. Rights and Restrictions.

    Digital Content, together with any other Product software, is licensed, not sold, to you by Nintendo or its third party content providers for your personal, non-commercial use on your Nintendo Device, or as we may otherwise permit in writing, subject to terms of the Agreement and any additional terms posted for that Digital Content, and subject to your payment in full for such Digital Content.

    You may only purchase Products for your own personal use. Nintendo may impose a limit on the quantity of a particular Physical Product that you may purchase. You may not commercially resell any Product.

    You may not attempt to, nor assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption that protect, obfuscate or otherwise restrict access to any Product. If you violate any security feature, you may incur civil or criminal liability.

    If you violate any of the Agreement, your rights will immediately terminate.

  10. Services Disruption.

    All or a portion of the Services may, from time to time, suffer occasional disruptions and outages, or may not otherwise be available to you due to legal, business, or technical limitations. Nintendo is not liable for any loss that you may suffer as a result of any such disruption, outage, or other limitation.

  11. Misc.

    This Agreement constitutes the entire agreement between you and Nintendo with regard to the Services.

    If you are in the United States, this Agreement is governed by Washington law, without giving effect to its conflict of law provisions. If you are in Canada, this Agreement is governed by British Columbia, Canada law, without giving effect to its conflict of law provisions. Your use of the Services may also be subject to other laws.

    Nintendo reserves the right to take steps Nintendo believes reasonably necessary or appropriate to enforce and/or verify compliance with any part of the Agreement.



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