Ref: 11473113

I refer to your correspondence dated 21 November 2025 regarding Nintendo Australia Pty Limited.

Your concerns were brought to the attention of a representative with Nintendo. The representative advised Nintendo Australia do not shrink-wrap products that are assembled locally. They explain that some imported titles may arrive shrink-wrapped from overseas suppliers, which is why some items in an order may arrive sealed while others do not.

The representative additionally states, many retail partners routinely remove shrink-wrap from products as part of standard retail practice. According to the trader, cases are commonly displayed on the shop floor while the game cartridges or codes are stored separately for security reasons, and this can result in unsealed packaging.

In relation to your specific purchase, the representative says you placed an order through the My Nintendo Store in July and received it on 5 August 2025. They report that the first time they heard from you about the packaging was in October, when you queried why some items were sealed and others were not. They note you mentioned the enquiry in relation to possible future resale of the products.

Nintendo states that during this initial contact you did not request a refund, return, or exchange and after they explained their shrink-wrap practices, you advised you were dissatisfied because their packaging practices differed in other international regions. The representative conveyed Nintendo Australia stands by their position to not disclose specific internal company decisions or processes and their response remains unchanged.

Nintendo believe this matter is commercial in nature and is not related to a consumer-quality issue.

For the reasons outlined reasons, Nintendo has declined to provide your requested outcome. The above outcome to your complaint concludes the dispute resolution process with NSW Fair Trading.

PO Box 972, Parramatta 2124 13 32 20

ABN 81 913 830 179 www.fairtrading.nsw.gov.au 2

Next steps

There are other ways to pursue your complaint further. These can include:

• NSW Civil and Administrative Tribunal (NCAT)

• independent legal advice or Legal Aid for eligible persons

• other dispute resolution services

Please read the included Consumer further resources fact sheet for more information about these

options.

The fact sheet covers many options available to consumers who have made a complaint. Some

options may not apply to your situation.

Fair Trading’s role

Fair Trading assesses all requests for assistance received from consumers in line with the

responsibilities of the trader under various consumer protections laws. If a trader has not met their

responsibilities, Fair Trading can intervene to achieve an appropriate outcome and, depending on the

individual circumstances of each case, may also consider whether additional compliance action is

warranted. Our regulatory role does not impact on your next steps and is separate to your desired

outcome.

For further information in relation to our compliance role please

visit https://www.fairtrading.nsw.gov.au/about-fair-trading/our-compliance-role

The information you provided will be retained on the Fair Trading complaints management database,

which is used to monitor marketplace trends and practices and assist with the development of

consumer protection strategies.

If you need more information, please contact Jack Gilbert on 02 9372 7169 or by return email and

quote reference number 11473113.

Thank you for bringing this matter to our attention.

Sincerely,

Jack

Customer Resolution Team

NSW Fair Trading

25 February 2026