Terms and Conditions for the Instax (Online) Shopping Site.
1. OUR TERMS
1.1 These Terms and Conditions apply to all online orders for products available from the FUJIFILM Australia Pty Ltd Instax Shopping Site.
2.1 "GST" means goods and services tax chargeable in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and related legislation.
2.2 "Instax Shopping Site" means this internet site (www.fujifilm.com.au/instax) owned by us, being the medium by which the Products are offered for sale online by us to you.
2.3 "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.
2.4 "Product" means a product for sale at the Instax Shopping Site.
2.5 “we”, “our” or “us” means FUJIFILM Australia Pty Ltd (ABN 80 000 064 433), which is the seller of the Products.
2.6 “you” or “your” means you and all other persons who purchase Products, and, as the context requires, any person browsing the Instax Shopping Site.
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 Site 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 Australia; and
4.2.4 you are accessing the Instax Shopping Site from Australia.
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 not 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 Australian currency and are inclusive of GST .
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 PayPal. The Instax Shopping Site does not accept any other form of payment.
6.3 We reserve the right to refuse to accept payment from you by PayPal for any reason whatsoever.
6.4 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.
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 We will endeavour to indicate on the Instax Shopping Site if a Product is low in stock or out of stock. 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.
7.3 We may impose limits on the number of Products that you may order on the Instax Shopping Site and we may change these limits from time to time. We will endeavour to display the current limits for each Product on the Instax Shopping Site.
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 is AU$10 per order which may be varied at any time.
8.4 From receipt of your order, we aim to have your Product(s) with you within 14 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 14 working days for you to receive your Product(s).
8.5 Your order will be delivered via Australia Post’s eParcel service.
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 Australian 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 refunds procedure (see clause 13 below).
9.2 We reserve the right to cancel any accepted order prior to delivery, at our sole discretion (whether or not your Paypal account 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 PayPal account has already been charged and your order is cancelled, we will issue an appropriate credit to your PayPal 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. TITLE OF GOODS
11.1 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.
12.1 You should check your Products as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact us at email@example.com
as soon as possible.
12.2 We will not accept returns of Products if you have simply changed your mind.
13.1 Where you are entitled to a refund of your payment, we aim to process that refund within 14 days of receiving notification from you.
13.2 Refunds will be made to the PayPal account that you used to make the original purchase.
15. YOUR STATUTORY RIGHTS
15.1 Our Products 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.
15.2 Nothing in these Terms and Conditions excludes or limits our liability for breach of the consumer guarantees under the Australian Consumer Law.
16. LIMITATION OF LIABILITY
16.1 To the maximum extent permitted by law and subject to any rights and remedies you have under the Australian Consumer Law, our maximum liability to you for any loss or damage arising in connection with any order for the Products (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) will be the total purchase price of your order for the Products.
16.2 To the maximum extent permitted by law and subject to any rights and remedies you have under the Australian Consumer Law, we will not be liable for any:
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 or corruption of data;
16.2.6 waste of management or office time; or
16.2.7 any indirect, special or consequential loss, arising in connection with any order for the Products or use of the Instax Shopping Site.
17. TRADE NOT SUPPLIED
17.1 Unless otherwise agreed, you may not purchase Products through the Instax Shopping Site for 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 the Products 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 Australian and international law. Nothing in these Terms and Conditions shall constitute any licence of intellectual property rights to you.
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 20 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 the laws that apply in the State of New South Wales. 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 South Wales and of the Commonwealth of Australia.
27. OUR COMPANY INFORMATION
FUJIFILM Australia Pty Ltd (ABN 80 000 064 433)
Street Address: 114 Old Pittwater Road, Brookvale, NSW 2100.
Postal Address: P.O. Box 6368, Frenchs Forest, NSW 2086.
Phone: 1800 226 355 or (02) 9466 2600