Warranty

12 MONTH WARRANTY FOR NINTENDO SOFTWARE – AUSTRALIA AND NEW ZEALAND MANUFACTURER’S WARRANTY

This warranty applies to Nintendo game software (the “Product”) supplied by Nintendo Australia Pty Limited (“Nintendo”) for use with Nintendo consoles.

The benefits given by this Warranty are in addition to your other rights and remedies which you may have under the Competition and Consumer Act 2010 (Cth) and/or other applicable laws in relation to the Product.

In Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Subject to the terms and exclusions below, Nintendo Australia Pty Limited (“Nintendo”) warrants to the original consumer purchasing the Product (“you”) that, for a period of 12 months from the date of the purchase of the Product by you, the Product will be free from defects in materials, workmanship and manufacturing. If, having inspected the Product, Nintendo determines that the warranty claim is valid, Nintendo will (at its sole discretion) either repair or replace the Product without charge.

1. EXCLUSIONS:

   This warranty does not cover:

   1. game software or any other software which is already pre-installed on or included with the Nintendo console at the time the console was purchased, or downloaded to the Nintendo console following purchase;
   2. the Product if it was not supplied by Nintendo in either Australia or New Zealand;
   3. defects in the Product that are caused by your and/or any third party’s negligence, unreasonable use, modification, use of the Product or the Nintendo console otherwise than in accordance with the instructions in the respective Nintendo Operations Manual, instructions provided with the Product or with the Nintendo console for which the Product is intended, or any other instructions which Nintendo makes available, computer viruses or connecting to the internet or other forms of electronic communication, as a result of accidental damage or any other cause unrelated to defects in materials, workmanship or manufacturing;
   4. accessories, peripherals or other items that are intended for use with the Product but are not manufactured by or for Nintendo (whether included with the Product at the time of purchase or not);
   5. dirty/contaminated electrical contacts;
   6. liquid/moisture damage;
   7. wear and tear;
   8. defects in or loss of data or software stored on the Product which have been caused by the unauthorised use of devices, unauthorised software and/or by unauthorised technical modifications of the Product, the Nintendo console for which the Product is intended and/or other products which have been used together with the Product;
   9. any defects to or loss of data or software stored on the Nintendo console or an SD Card as a result of formatting the Nintendo console’s memory (or the SD Card being used in conjunction with the Nintendo console). This warranty does not apply to Products which have been used prior to the date of original purchase, whether for rental purposes or otherwise, or have been used for rental or commercial purposes after the date of original purchase.
2. HOW TO MAKE A CLAIM

   Before returning the Product for assessment, visit our website www.nintendo.com.au for product support and service information, or contact Nintendo Customer Service using the details below:

   Nintendo Customer Service
   Australia: (03) 9730 9822
   New Zealand: 0800 743 056
   Hours of operation: 9:00am to 5:00pm Monday to Friday (AEST/AEDT).
   Call charges vary. Check with your telecommunications provider.
   Email: warrantyadmin@nal.nintendo.com.au

    
   When sending the Product to the Nintendo Service Department, please:
   1. use the original packaging where possible;
   2. do not use excessively oversized packaging;
   3. provide a description of the defect; and
   4. attach a copy of your proof of purchase, ensuring that it indicates the date of purchase of the Product. Before sending the Product to the Nintendo Service Department, you should remove or delete any private or confidential files or data.
3. REPAIRS NOT COVERED BY THIS WARRANTY OR BY A CONSUMER GUARANTEE

   If, after inspecting the Product, Nintendo determines that the defect is not covered by this warranty or by a consumer guarantee under the Australian Consumer Law, or that there is no defect, you will be liable for the cost of assessing the Product which is inclusive of shipping and/or handling costs. Should you wish Nintendo to remedy any defect not covered by this warranty or by a consumer guarantee, the price of such remedy will be quoted to you before any repair or replacement is carried out.

This Warranty is offered by Nintendo Australia Pty Limited located at 804 Stud Road, Scoresby Victoria 3179 Australia. No other person or organisation is authorised to vary its provisions and conditions.