1.1. In these Terms the following expressions will have the following meanings unless otherwise stated:
2.1. The Site is operated by us. We are registered in New Zealand under company number 49532 and have our registered office at 2C William Pickering Drive, Rosedale, Auckland 0745.
3.1. We grant you the right to access and use the Site, such right being non-exclusive and non-transferable and limited by these Terms.
4.1. Through the Site, we provide users with access to a collection of on-line resources and Products available for purchase, including:
4.1.1. Instax camera accessories and film information; and
4.1.2. the tools and medium to order and pay for Instax camera accessories and film found on the Site.
4.2. Such Products and Services are also subject to any terms of trade, warranty terms and other applicable terms that may apply.
4.3. Unless otherwise agreed, you may not purchase Products thought the Site for the purpose of resale.
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 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 Site if those prices or deals are specifically displayed on the 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 Site.
6.2. You must pay us for any Products ordered by you by Visa or MasterCard. The 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 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 you 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 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. Title and 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 PO Box addresses.
8.8. We shall be entitled to assume that any person accepting delivery of the Product(s) 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 Product(s) ordered by you for any reason whatsoever.
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 these Terms.
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 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.
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.
10.1. We hope that you will be totally satisfied with your Product(s). However, if for some reason you are not, or if your 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.
10.2. 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.
10.3. 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.
10.4. The above is in addition to any rights you have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.
11.1. 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.
12.1. Refunds will be processed within 30 days of receiving notification from you in accordance with clause 10 or clause 11.
12.2. Refunds are made to the credit card number that you used to make the original purchase. Courier charges are not refundable.
13.1. 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 of the Product(s).
14.1. While using the Site, any content on the Site or any part of the Services, you must:
14.1.1. comply with these Terms and any other agreements which you may have with us;
14.1.2. make sure all information which you supply to us is current, complete, accurate a provided for in a timely manner;
14.1.3. comply with all applicable laws, regulations, standards and codes in any jurisdiction;
14.1.4. not damage or disrupt the Site, its content or any Services;
14.1.5. not access, use or interfere with anybody else’s service or email or other communications which are not intended for you; and
14.1.6. not use the Site, its content or any part of the Services to:
(i) infringe copyright or any other intellectual property right held by us, any other customer, any advertiser or any other person in any jurisdiction;
(ii) engage in any activities in such a manner as to expose us or any other third person who is involved in making the Services available to you, to liability or to adversely affect our name, reputation or business or any such third person;
15.1. Information within the Site may change from time to time. While every effort will be made to ensure that the information contained on the Site is accurate and up to date, we makes no warranty, representation or undertaking (whether expressed or implied) as to the accuracy, completeness, or usefulness of any information contained on the Site, or that it will meet your requirements or that it will be suitable for your purposes nor do we assume any legal liability (whether direct or indirect) or responsibility for the accuracy, completeness, or usefulness of any information contained on the Site. You should make your own inquiries and seek independent advice before acting or relying on any information or material which is made available to you pursuant to any information contained on the Site.
16.1. We attempt to display product images as accurately as possible on the Site. 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.
16.2. We may change the format and content of the Site or the Services at any time. We may terminate or suspend the operation of the Site (or terminate or suspend the provision of any Services) for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or Services.
17.1. We either own or have the right to use the copyright, trademarks and general rights akin to those rights in any jurisdiction with respect to the Site, its content and the Services (Fuji IP). You acknowledge that you have no claim or interest in Fuji IP, other than in relation to those rights expressly provided to you in any other written agreement which you may have with us.
17.2. You must not, nor permit any other person to, copy alter, modify or reproduce, reverse assemble, reverse compile (whether digitally, electronically, by linking, or in hard copy or by any means whatsoever) or use any Fuji IP, without our prior written consent, or do any act that would or might invalidate or be inconsistent with Fuji IP, unless such copying, reproduction or use is required for the purpose of using the Site, its content or the Services in the manner in which they are intended to be used.
17.3. You must notify us of any actual, threatened, or suspected infringement of Fuji IP and of any claim by any third party that any use of the Site or the Services infringes any rights of any other person, as soon as that infringement or claim comes to your notice. You shall (at our expense) do all such things as may reasonably be required by us to assist us in pursuing or defending any proceedings in relation to any such infringement or claim.
18.1. Each of the various trademarks and product names and logos used, quoted and/or referenced on the Site are our trademarks or registered trademarks of our related companies. You agree not to display or use such marks, logos and/or branding without our prior express written permission.
19.1. All Products are covered by our standard 12 month warranty.
20.1. If you use the Site, its content or any part of the Services for purposes other than in relation to a business, we accept that you have may rights under the Consumer Guarantees Act 1993. If you use the Site, its content or any part of the Services for business purposes, then that Act does not apply. Nothing in these Terms is intended to affect any rights which you may have under such legislation which we are unable by law to exclude or limit in accordance with these Terms.
20.2. To the extent permitted by law, the Services are provided “as is” with no warranties whatsoever and all express, implied and statutory warranties including the warranties of merchantability, non-infringement and fitness for a particular purpose are expressly disclaimed. You acknowledge that access to the Site and use of the Services is at your own risk.
20.3. We will endeavour to allow you access to the Site, however it makes no representation or warranty (whether express or implied) that the Site or any Services will:
20.3.1. operate on a continuous or fault free basis, or at any particular time or location;
20.3.2. be secure or private; or
20.3.3. be free of viruses or other harmful features.
20.4. We are not responsible for your use of the Site or any Services which is inconsistent with the directions or instructions for use or which is contrary to these Terms.
20.5. We disclaim any warranties for the security, reliability, timeliness and performance of the Services. We disclaim any liability in relation to the acts or omissions of any third parties in relation to any default by them in relation to the provision of or access to, the Site, its contents or any Services.
21.1. Subject to paragraph 22.3 below, our liability for any claim related to the supply of goods or services is limited to the purchase price paid for such good or service.
21.2. We (including our officers, employees or agents) will not be liable, whether in contract, tort (including negligence), equity or on any other basis to you or any third party for any direct, indirect or consequential damage, loss, cost or expense, damage to property, injury to persons, loss of profits, loss of data or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings which you might have had arising from:
21.2.1. the use of, or ability to use or navigate, the Site;
21.2.2. the content of the Site;
21.2.3. the Services, including without limitation, any interruption to the Services;
21.2.4. the cost of procurement of substitutes goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site or Services;
21.2.5. any amendment to these Terms for any reason;
21.3.1. death or personal injury caused by our negligence;
21.3.2. fraud or fraudulent misrepresentation;
21.3.3. defective products under the Consumer Guarantees Act 1993; or
21.3.4. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
21.4. We will not be liable for any cost, loss or damage caused or incurred by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Site or the Services or to your downloading of any material posted on the Site, or on any website linked to it.
21.5. You will be liable for all losses if you act fraudulently at any time, either alone or together with any other person, in using the Site or the Services. You are also liable for losses where any act or omission of yours has contributed to causing those losses.
21.6. You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Services or these Terms must be filed within 1 year after such claim or cause of action arose.
21.7. Where you are procuring goods or services advertised on the Site via an associated website operated by us (Associated Site), any limitation of liability prescribed for in the terms and conditions of the Associate Site shall apply to the respective goods and services.
22.1. You shall indemnify us (including our officers, employees agents) from and against all claims, costs (including solicitor and client costs), expenses, demands or liability, damages and losses whether direct, indirect, consequential, or otherwise, and whether arising in contract, tort (including in each case negligence), or equity or otherwise arising directly or indirectly from your use of the Site or the Services, your breach of any of these Terms, or any obligation that you may have to us.
23.1. Links to websites outside of the Site are provided as a convenience to you. We do not necessarily endorse the content of such third party sites or publications. We make no warranty, representation or undertaking (whether expressed or implied) as to the accuracy, completeness or usefulness of the information in the links, nor do we assume any legal responsibility for the accuracy, completeness or usefulness of the information in the links.
24.1. When we consider that a breach of these Terms has occurred, we may at our discretion take such action as we deem appropriate. For any material breach of these Terms this may result in us taking all or any of the following actions:
24.1.1. immediate, temporary or permanent withdrawal of your right to use the Site or any Services;
24.1.2. issue of a warning to you;
24.1.3. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
24.1.4. further legal action against you; or
24.1.5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
24.2. We exclude our liability for all action we may take in response to breaches of these Terms. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
25.1. Recognising the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable use. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
26.1. Governing Law. This agreement shall be governed by the laws of New Zealand and the parties submit to the jurisdiction of the Courts of New Zealand.
26.2. Force Majeure. A party will not be liable for non-performance or delay in performance caused by any extraordinary event or circumstance beyond the control of such party including, without limitation, wars, strikes or other industrial failure, internet failure, riots, hostilities, revolutions, national emergency, explosions, civil commotion, embargoes, fire, flood, earthquake, volcanic eruption or other force of nature or “Act of God”.
26.3. Severability. If any court of competent jurisdiction finds any provision or part thereof of these Terms to be illegal, invalid or unenforceable, that provision or part thereof shall be severed from these Terms and the remaining terms shall remain in force and constitute the Terms between us and you with respect to use of the Site and its content and the Services.
26.4.Entire Agreement. These Terms constitute the entire agreement between us and you with respect to the use of the Site its content and the Services.
26.5. Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of the right or provision.
26.7. Notices. All notices to us should be sent to firstname.lastname@example.org.
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