Terms and Conditions for the Instax Shopping Site.
1. OUR TERMS
1.1 These Terms and Conditions apply to all online orders for products available from the FUJIFILM NZ Limited Instax Shopping Site.
2.1 “you” or “your” means you and all other persons who purchase Products, and, as the context requires, any person browsing the Instax Shopping Site.
2.2 “we”, “our” or “us” means FUJIFILM NZ Limited, which is the seller of the Products.
2.3 "GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
2.4 "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.
2.5 "Product" means a product for sale at the Instax Shopping Site.
2.6 "Instax Shopping Site" means this internet site (www.instaxshop.co.nz) owned by us, being the medium by which the Products are offered for sale online by us to you.
3. SITE CONTENT
3.1 While we have endeavoured to ensure that the information provided on the Instax Shopping Site is free from error, we do not warrant its accuracy, adequacy or completeness, and we shall not be responsible or liable for any error in, or omission from, the information provided on the Instax Shopping Site.
3.2 The Instax Shopping Site attempts to display product images shown on the website as accurately as possible. However, we cannot guarantee that the colour you see matches the Product colour, as the display of the colour depends, in part, upon the monitor you are using.
3.3 We reserve the right to make changes to the information provided on the Instax Shopping at any time and without notice.
4. USE OF INSTAX SHOPPING SITE
4.1 Your access to, and use of, the Instax Shopping Site is subject to the following Terms and Conditions. By using the Instax Shopping Site you acknowledge and agree that you have read, understood and accepted these Terms and Conditions, and agree to be bound by them. Orders for Products placed through the Instax Shopping Site constitute legal offers to purchase, and are capable of being accepted by us without any further reference to you.
4.2 By placing an order through the Instax Shopping Site, you warrant that:
4.2.1 you are legally capable of entering into binding contracts;
4.2.2 you are at least 18 years old;
4.2.3 you are residing in New Zealand; and
4.2.4 you are accessing the Instax Shopping Site from New Zealand.
4.3 You agree not to use the Instax Shopping Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may download the information on the Instax Shopping Site for your own personal use but otherwise the Instax Shopping Site, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without our prior written consent. You agree that you will not interfere with any other party's use and enjoyment of the Instax Shopping Site, or damage the operation of the Instax Shopping Site, or our systems or those of other persons who use the Instax Shopping Site, whether by way of a virus, corrupted file, any other software or program, or otherwise.
5.1 You shall pay us for the Products you order at the price displayed at the time the order is submitted.
5.2 Prices available on the Instax Shopping Site may not necessarily be the same as the prices and deals available in our stores. Any prices and deals available in our stores will only apply to Products purchased through the Instax Shopping Site if those prices or deals are specifically displayed on the Instax Shopping Site, and vice versa.
5.3 No adjustments will be made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Product is delivered.
5.4 We may vary the prices of the Products at any time without notice.
5.5 The prices of Products are displayed in New Zealand currency and are inclusive of GST and any other sales tax.
6.1 We will not send any Products ordered by you unless and until you have completed payment in full of the price for the Product listed on the Instax Shopping Site.
6.2 You must pay us for any Products ordered by you by Visa and MasterCard. The Instax Shopping Site does not accept EFTPOS, cash, cheque, voucher or any other form of payment.
6.3 We reserve the right to refuse to accept payment from you by credit card for any reason whatsoever.
6.4 We take security and customer service very seriously and appreciate the trust placed in us when providing your credit card details. For this reason, we have implemented a fully hosted payment solution provided by DPS Payment Express.
6.5 DPS Payment Express are fully certified as Visa AIS and MasterCard SDP (PCI DSS) Compliant. DPS Payment Express collects, processes and stores the card details on their system at the time of order. Card details are stored with DPS Payment Express for 6 months allowing us to quickly issue refunds where necessary. Our employees have no access to any sensitive customer information, including card details held within the DPS Payment Express systems. Our employees use reference numbers, supplied to us by DPS at the time of order, to conduct any refunds or cancellations. At no time do we store or transmit any sensitive card details.
6.6 If we suspect any fraudulent use of the Instax Shopping Site or personal or payment details, we reserve the right to put any order on hold while we undertake the necessary checks, including bank checks. We further reserve the right to cancel any transaction following such checks.
6.7 If your credit card is declined by your financial institution, delivery of the relevant order will not be made, and we will contact you to make alternative payment arrangements.
7.1 While we endeavour to hold sufficient stock to meet all orders, we shall not be liable to any person if we are unable to or decline to supply a Product for any reason whatsoever.
7.2 If there is insufficient stock to supply or deliver a Product ordered and paid for by you, we will either refund you the price paid for such Product as soon as possible and in any case within 30 days or allow you to backorder that Product.
8.1 Any order made via the Instax Shopping site is an offer to purchase one or more Products. When we receive a valid order we will accept the offer by confirming to you via email that we have received and are processing the order.
8.2 Product(s) and delivery charges will be automatically added to your order at the payment stage.
8.3 The cost of delivery may vary depending on the size of the Product(s) ordered.
8.4 From receipt of your order, we aim to have your Product(s) with you within 10 working days. While we will use all reasonable endeavours to comply with that time frame, it is a guideline only and we accept no liability should it take longer than 10 working days for you to receive your Product(s).
8.5 Your order will be delivered via standard post or courier depending on the size of the Product(s) you have ordered.
8.6 Delivery of your Product(s) shall be deemed to occur at the time the Product(s) are dispatched to you from our warehouse. All risk of loss or damage in relation to your Product(s) shall pass to you upon delivery.
8.7 Deliveries will only be made to New Zealand addresses and will not be made to Private Bags or P O Box addresses.
8.8 We shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on your behalf.
8.9 You shall notify us immediately of a change to your delivery address.
8.10 We reserve the right to withhold the delivery of any Products ordered by you for any reason whatsoever.
9. CANCELLATION OF ORDERS
9.1 You may cancel your order up to the point in time that we have dispatched the order by emailing us at firstname.lastname@example.org and providing the order number as well as your full name and address. Provided your order has not been dispatched, we will arrange for cancellation of your order and a full refund in accordance with our Refund Policy.
9.2 We reserve the right to cancel any accepted order prior to delivery, at our sole discretion (whether or not your credit card has already been charged) if:
9.2.1 the Product(s) in that order are not available; or
9.2.2 there is an error in the price or the product description posted on the Instax Shopping Site for the Product(s) in that order; or
9.2.3 We reasonably believe your order has been placed in breach of these Terms and Conditions.
9.3 In the event of a cancellation of an order by us, we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order. If your credit card has already been charged and your order is cancelled, we will issue an appropriate credit to your credit card account.
10. ACCEPTING ORDERS ONLINE
10.1 When you place an order online on the Instax Shopping Site, we will treat it as an offer to buy. We will send you a confirmation e-mail with your order number, at which point we make a legal contract with you. However, we will be entitled to refuse to accept your order if we feel it necessary, in which case we will e-mail you as soon as we can to let you know.
10.2 The contract created between you and us by our acceptance of your order is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of such contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of such contract, or any of our rights or obligations arising under it, at any time during the term of such contract.
10.3 In deciding whether to accept your order, we may use the information you have given to us, or we already hold about you, or which we receive from any enquiry we may make with our credit checking company to confirm your identity. The credit checking company will check any details we disclose to them against any database (public or private) to which they have access and will keep a record of that check. The credit checking company will also retain this information and may use it in the future to assist other companies with identity verification. This assists us to protect you and us from fraudulent transactions. If we decline your offer on security grounds we may contact you to seek an alternative payment method.
10.4 Prior to making payment for your order, you will have an opportunity to check the details and correct any input errors.
11.1 We hope that you will be totally satisfied with your Instax Shopping Site Product(s). However, if for some reason you are not, or if your Instax Shopping Site Product is damaged or faulty in any way, you may return the Product to us and we will either send you another of the same Product or arrange a full refund.
11.2 We will accept returns, provided you send an email to email@example.com of your wish to return the Product within 7 days after the date of receipt of your Product. If you do not contact us within 7 days of receipt of the Product, you will be deemed to be totally satisfied with the Product. The Product must be in the same condition you received it and the original packaging/labelling. You are responsible for the cost of returning the Product to us.
11.3 If you are returning Product then, until you do so, you have a duty to keep it in your possession and to take reasonable care of it. Products must be returned unused on their backing in the original packaging together with a copy of the dispatch note that you received with your Product.
11.4 The above is in addition to any rights you have under the Consumer Guarantees Act or Fair Trading Act.
12.1 On rare occasions, a Product may get damaged in transit. If you do receive a damaged Product, please call us within 48 hours on 0800 242 646 and we will send you a pre-paid bag to enable you to return your order to us at no cost to you. We will then either refund the cost of the Product plus the delivery charges paid (from original order) or replace your Product with the same or similar Product if available.
13.1 Refunds will be processed within 30 days of receiving notification from you in accordance with clause 1 or clause 1.
13.2 Refunds are made to the credit card number that you used to make the original purchase. Courier charges are not refundable.
14. TITLE OF GOODS
14.1 Title of all Products ordered by you passes to you upon the full payment or delivery of the Product. Risk of loss and damage pass to you upon delivery.
15.1 All Products are covered by our standard 12 month warranty.
16. LIMITATION OF LIABILITY
16.1 Subject to paragraph 1.1 below, if we fail to comply with these Terms and Conditions, we shall only be liable to you for the purchase price of the Product and, subject to paragraph 1.1 below, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
16.2 Subject to paragraph 1.1 below we will not be liable for losses that result from our failure to comply with these Terms and Conditions that fall into the following categories:
16.2.1 loss of income or revenue;
16.2.2 loss of business;
16.2.3 loss of profits;
16.2.4 loss of anticipated savings;
16.2.5 loss of data; or
16.2.6 waste of management or office time.
However, this paragraph 1.1 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories 1.1.1 to 1.1.1 inclusive of this paragraph 1.1.
16.3.1 death or personal injury caused by our negligence;
16.3.2 fraud or fraudulent misrepresentation;
16.3.3 defective products under the Consumer Guarantees Act 1993; or
16.3.4 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
17. TRADE NOT SUPPLIED
17.1 Unless otherwise agreed, you may not purchase Products through the Instax Shopping Site or the purpose of resale.
18. INTELLECTUAL PROPERTY
18.1 All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Instax Shopping Site and its contents is owned by, and shall at all times remain the exclusive property of us, our licensors and the providers of any other products and services accessible through the Instax Shopping Site, and is protected by New Zealand and international law. Nothing in these Terms and Conditions shall constitute any licence of intellectual property rights to the Customer.
19. PROTECTION OF PERSONAL DATA
20. WRITTEN COMMUNICATIONS
20.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Instax Shopping Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Instax Shopping Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
21.1 Save as otherwise provided in these Terms and Conditions, all notices given by you to us must be given to us at the address set out at the end of these Terms and Conditions or by e-mail to firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 21 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
22.1 If we fail, at any time during the term of our contract with you, to insist upon strict performance of any of your obligations under such contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under such contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the Notices paragraph above.
23.1 If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
24. EVENTS OUTSIDE OUR CONTROL
24.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract with you that is caused by events outside our reasonable control (a “Force Majeure Event”) including, without limitation, fire, flood, explosion, storm, earthquake, war, terrorism, sabotage, revolution, riot or civil commotion, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, strikes, lockouts, failure of supplies of public or private telecommunications networks, power or fuel or the default of suppliers or sub-contractors. Our performance under our contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under such contract may be performed despite the Force Majeure Event.
25. ENTIRE AGREEMENT
25.1 We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of our contract with you. While we accept responsibility for statements and representations made by our duly authorised representatives, please make sure you ask for any variations from these Terms and Conditions to be confirmed in writing.
26. LAW AND JURISDICTION
26.1 Contracts for the purchase of products through the Instax Shopping Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by New Zealand law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of New Zealand.
27. OUR COMPANY INFORMATION
27.1 FUJIFILM NZ Limited registered in New Zealand No. 49532
FUJIFILM NZ Limited
2C William Pickering Drive
27.2 E-mail enquiries: email@example.com