2.1.3 Right to Cancel
2.1.3.1 Instructions for Right to Cancel
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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:
in the case of a service contract or a contract for the supply of digital content which is not supplied on a tangible medium: of the conclusion of the contract;
in the case of physical products: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods;
in the case of a contract relating to multiple goods ordered by you in one order and delivered separately:
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 to cancel, you must inform us (Nintendo of Europe GmbH, Nintendo Center, 63760 Grossostheim, Germany, telephone number: +44 845 60 50 247, fax number: +49 69 667747 95412, email:
customer-support@nintendo.co.uk) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax 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 to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay and not later than:
(a) 14 days after the day we receive back from you any good supplied; or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the 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 result of the 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.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct 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.
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 performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.
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The cancellation right expires earlier in respect of the contracts listed below:
- contracts for the supply of sealed goods: the cancellation right for sealed goods which are not suitable for return due to health protection or hygiene reasons expires if they are unsealed after delivery;
- contracts for the supply of sealed audio recordings, video recordings or sealed computer software: the cancellation right for sealed audio or sealed video recordings or sealed computer software (such as video games) expires if they are unsealed after delivery;
- contracts for the supply of digital content: where we supply digital content not on a tangible medium, 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, and you have acknowledged that you lose your right to cancel the contract in this circumstance;
- service contracts: 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, and you acknowledged that you lose your right of cancellation once the contract has been fully performed.
2.1.3.2 Model Cancellation Form
(If you want to cancel the contract please complete and return this form.)
- To Nintendo of Europe GmbH, Nintendo Center, 63760 Grossostheim, Germany, fax number: +49 69 667747 95412, email address:
customer-support@nintendo.co.uk
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.
