Terms And Conditions

TERMS OF USE – Last Updated 30 June 2020

 

AGREEMENT TO TERMS

These terms of use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Fujifilm South Africa Pty Ltd (“company“, “we”, “us”, or “our”), concerning your access to and use of the https://shop.fujifilm-x.co.za/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “site”). You agree that by accessing the site, you have read, understood, and agreed to be bound by all of the terms of use. Should you not agree with all/any of the terms of use, you are expressly prohibited from using the site and should discontinue use with immediate effect.

Supplemental terms and conditions or documents that may be posted on the site from time to time are hereby expressly incorporated herein by reference. Fujifilm reserves the right, in its sole discretion, to make changes or modifications to the terms of use at any time and for any reason. You will be alerted of any changes by updating the “last updated” date of the terms of use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these terms of use to stay informed of updates.

The information provided on the site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The site is intended for users who are at least 13 (Thirteen) years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the site.

Intellectual Property Rights

Unless otherwise indicated, the site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site (collectively, the “content”) and the trademarks, service marks, and logos contained therein (the “marks”) are owned or controlled by us or licensed to us.

It is furthermore protected by copyright and trademark laws and various other intellectual property rights and unfair competition law, international copyright laws, and international conventions. The content and the marks are provided on the site “as is” for your information and personal use only. Except as expressly provided in the terms of use, no part of the site and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the site, you are granted a limited license to access and use the site and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the site, the content and the marks.

User Representations

By using the site, you represent and warrant that:

(1) All registration information submitted will be true, accurate, current, and complete; (2) You will maintain the accuracy of such information and promptly update such registration information when necessary; (3) You have the legal capacity and you agree to comply with the terms of use; (4) You are not under the age of 13; (5) You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the site; (6) You will not access the site through automated or non-human means, whether through a bot, script or otherwise; (7) You will not use the site for any illegal or unauthorized purpose and (8) Use of the site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the site (or any portion thereof).

User Registration

You may be required to register with the site and agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Products

We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the site, however, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock and with that we reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

Purchases and Payment

We accept the following forms of payment:

–  Visa

–  Mastercard

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, to facilitate completion of your transactions – value added tax will be added to the price of purchases. All payments shall be made in South African Rands (ZAR).

You agree to pay all charges at the prices in effect for your purchases and any applicable shipping fees, and authorize Fujifilm will charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the site and may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Return/Refunds policy

Please review our return policy posted on the site prior to making any purchases.

Prohibited Activities

The site may not be used for any purpose other than that for which we make the site available. The site may not be used in connection with any commercial endeavours, except those that are specifically endorsed or approved by us.

As a user of the site, you agree not to:

1. Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Fujifilm.
2. Make any unauthorized use of the site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
3. Use the site in a manner inconsistent with any applicable laws or regulations.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the site.
5. Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the site, or using or launching any unauthorized script or other software.
6. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMS”).
7. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the site.
8. Copy or adapt the site’s software, including but not limited to flash, PHP, html, JavaScript, or other code.
9. Delete the copyright or other proprietary rights notice from any content.
10. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the site to you.
11. Attempt to bypass any measures of the site designed to prevent or restrict access to the site, or any portion of the site.
12. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the site.
13. Use the site as part of any effort to compete with us or otherwise use the site and/or the content for any revenue-generating endeavour or commercial enterprise.
14. Use any information obtained from the site in order to harass, abuse, or harm another person.
15. Sell or otherwise transfer your profile.
16. Attempt to impersonate another user or person or use the username of another user.
17. Interfere with, disrupt, or create an undue burden on the site or the networks or services connected to the site.
18. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
19. Make improper use of our support services or submit false reports of abuse or misconduct.
20. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
21. Engage in unauthorized framing of or linking to the site.
22. Circumvent, disable, or otherwise interfere with security-related features of the site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the site and/or the content contained therein.
23. Use the site to advertise or offer to sell goods and services.
24. Use a buying agent or purchasing agent to make purchases on the site.

 

User Generated Contributions

The site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “contributions”). contributions may be viewable by other users of the site and through third-party websites. as such, any contributions you transmit may be treated in accordance with the site privacy policy. When you create or make available any contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, down-loading, or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the site, and other users of the site to use your contributions in any manner contemplated by the site and these terms of use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your contributions in any manner contemplated by the site and these terms of use.
4. Your contributions are not false, inaccurate, or misleading.
5. Your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
7. Your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your contributions do not violate any applicable law, regulation, or rule.
10. Your contributions do not violate the privacy or publicity rights of any third party.
11. Your contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. Your contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your contributions do not otherwise violate, or link to material that violates, any provision of the terms of use, or any applicable law or regulation.

Any use of the site or the marketplace offerings in violation of the foregoing violates these terms of use and may result in, among other things, termination or suspension of your rights to use the site and the marketplace offerings.

Contribution License

It is agreed that Fujifilm may access, store, process, and use any information and personal data provided, following the terms of the privacy policy and your choices (including settings).

By submitting suggestions or other feedback regarding the site, it is agreed that Fujifilm can use and share such feedback for any purpose without compensation to anyone.

Fujifilm does do not assert any ownership over contributions made, you retain full ownership of all of contributions and any intellectual property rights or other proprietary rights associated with the contributions. Fujifilm will not be liable for any statements or representations in your contributions provided by you in any area on the site. You are solely responsible for your contributions to the site and expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding the contributions.

Guidelines for Reviews

Fujifilm may provide areas on the site to leave reviews or ratings. when posting a review, the following criteria applies: (1) You should have first-hand experience with the person/entity being reviewed; (2)  reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) It should also not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) It should not contain references to illegal activity; (5) You should not be affiliated with competitors if posting negative reviews; (6) You should not make any conclusions as to the legality of conduct; (7) You may not post any false or misleading statements; and (8) You may not organize a campaign encouraging others to post reviews, whether positive or negative.

Fujifilm may accept, reject, or remove reviews in their sole discretion and have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed and do not necessarily represent Fujifilm’s opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. by posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

Social Media

As part of the functionality of the site, you may link your account with online accounts you have with third-party service providers (each such account, a “third-party account”) by either: (1) Providing your third-party account login information through the site; or (2) Allowing us to access your third-party account, as is permitted under the applicable terms and conditions that govern your use of each third-party account. you represent and warrant that you are entitled to disclose your third-party account login information to us and/or grant us access to your third-party account, without breach by you of any of the terms and conditions that govern your use of the applicable third-party account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the third-party account.

By granting Fujifilm access to any third-party accounts, you understand that (1) We may access, make available, and store (if applicable) any content that you have provided to and stored in your third-party account (the “social network content”) so that it is available on and through the site via your account, including without limitation any friend lists and (2) We may submit to and receive from your third-party account additional information to the extent you are notified when you link your account with the third-party account. depending on the third-party accounts you choose and subject to the privacy settings that you have set in such third-party accounts, personally identifiable information that you post to your third-party accounts may be available on and through your account on the site.

Note that if a third-party account or associated service becomes unavailable or our access to such third-party account is terminated by the third-party service provider, then social network content may no longer be available on and through the site. You will have the ability to disable the connection between your account on the site and your third-party accounts at any time. Your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service provider. Fujifilm makes no effort to review any social network content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and is not responsible for any social network content. You acknowledge and agree that we may access your email address book associated with a third-party account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the site. You can deactivate the connection between the site and your third-party account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such third-party account, except the username and profile picture that become associated with your account.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the site or the marketplace offerings (“submissions”) provided by you are non-confidential and shall become our sole property. Fujifilm owns exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such submissions, and you hereby warrant that any such submissions are original with you or that you have the right to submit such submissions. It is agreed that there will be no recourse against Fujifilm for any alleged or actual infringement or misappropriation of any proprietary right in your submissions.

Third-Party Websites and Content

The site may contain (or you may be sent via the site or the marketplace offerings) links to other websites (“third-party websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“third-party content”). Such third-party websites and third-party content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness and we are not responsible for any websites accessed through the site or any third-party content posted on, available through, or installed from the site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the third-party websites or the third-party content. inclusion of, linking to, or permitting the use or installation of any third-party websites or any content does not imply approval or endorsement thereof by Fujifilm. If you decide to leave the site and access third-party websites or use or install any third-party content, you do so at your own risk, and you should be aware these terms of use no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the site or relating to any applications you use or install from the site. Any purchases you make through third-party websites will be through other websites and from other companies, we take no responsibility whatsoever in relation to such purchases. You agree and acknowledge that we do not endorse the products or services offered on third-party websites and you shall hold us harmless from any harm caused by your purchase of such products or services. In addition, you will hold Fujifilm harmless from any losses sustained by you or harm caused relating to or resulting in any way from any third-party content or any contact with third-party websites.

Site Management

Fujifilm reserves the right, but not the obligation, to in our sole discretion and without limitation: (1) Monitor the site for violations of the terms of use; (2) Take appropriate legal action against anyone who violates the law or the terms of use, including reporting such user to law enforcement authorities; (3) Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) Notice, or liability, to remove from the site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) Otherwise manage the site in a manner designed to protect our rights and property and to facilitate the proper functioning of the site and the marketplace offerings.

 

Terms and Termination

The terms of use shall remain in full force and effect while using the site. Without limiting any other provision of the terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site and the marketplace offerings (including blocking certain IP addresses), to any person for any reason or for no reason, including breach of any representation, warranty, or covenant contained in the terms of use or of any applicable law or regulation. We may terminate your use or participation in the site and the marketplace offerings or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

Should Fujifilm terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the site at any time or for any reason at our sole discretion without notice. Fujifilm has no obligation to update any information on the site and reserve the right to modify or discontinue all or part of the marketplace offerings without notice and at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the site or the marketplace offerings.

Fujifilm cannot guarantee the site and that the marketplace offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the site, resulting in interruptions, delays, or errors.We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the site or the marketplace offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the site or the marketplace offerings during any downtime or discontinuance of the site or the marketplace offerings. Nothing in the terms of use will be construed to obligate us to maintain and support the site or the marketplace offerings or to supply any corrections, updates, or releases in connection therewith.

Governing Law

The terms shall be governed by and defined following the laws of South Africa. Fujifilm South Africa Pty Ltd and yourself irrevocably consent that the courts of South Africa shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

Dispute Resolution

It is agreed to irrevocably submit all disputes related to terms or the relationship established by this agreement to the jurisdiction of the South Africa courts. Fujifilm will maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these terms are entered into in the course of your trade or profession, the state of your principal place of business.

Corrections

There may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to the marketplace offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the site at any time, without prior notice.

Disclaimer

The site is provided on an as-is and as-available basis.

You agree that your use of the site services will be at your sole risk. To the fullest extent permitted by law, Fujifilm disclaims all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to this site and we will assume no liability or responsibility for any (1) Errors, mistakes, or inaccuracies of content and materials, (2) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) Any interruption or cessation of transmission to or from the site, (5) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitations of Liability

In no event will Fujifilm or it’s directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.

Indemnification

You agree to defend, indemnify, and hold Fujifilm harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Use of the site; (2) Beach of these terms of use; (3) Any breach of your representations and warranties set forth in these terms of use; (4) Your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) Any overt harmful act toward any other user of the site with whom you connected via the site. notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. we will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User Data

We will maintain certain data that you transmit to the site for the purpose of managing the performance of the site, as well as data relating to your use of the site. although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the site. you agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions and Signatures

Visiting the site, sending us emails, and completing online forms constitute electronic communications. you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the site, satisfy any legal requirement that such communication be in writing. you hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Miscellaneous

these terms of use and any policies or operating rules posted by us on the site or in respect to the site constitute the entire agreement and understanding between you and us. our failure to exercise or enforce any right or provision of these terms of use shall not operate as a waiver of such right or provision. these terms of use operate to the fullest extent permissible by law. we may assign any or all of our rights and obligations to others at any time. we shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. if any provision or part of a provision of these terms of use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms of use and does not affect the validity and enforceability of any remaining provisions. there is no joint venture, partnership, employment or agency relationship created between you and us as a result of these terms of use or use of the site. you agree that these terms of use will not be construed against us by virtue of having drafted them. you hereby waive any and all defences you may have based on the electronic form of these terms of use and the lack of signing by the parties hereto to execute these terms of use.

 

 

 

 

 

 

 

 

Force Majeure

 

Force majeure means any and all acts or events which are neither controllable nor predictable and therefore independent of the will of any party or of its sub-contractors.

Except for the party’s obligation to make timely payment for the Products already shipped / awaiting COD payment by Fujifilm, neither party shall be held liable for any failure or delay in the performance of any of the obligations on its part to be performed hereunder, if and to the extent such failure or delay is caused by any cause or causes beyond reasonable control of such party.

The latter includes, but is not limited to strikes, lockouts, riots or other industrial action; acts of god, fire, storm, flood, earthquakes; hurricanes, tornado’s, lightning and explosions, Government declarations and regulations, lockdowns rendering a business unable to trade, breakdown, malfunction, or damage to plant, machinery, equipment or facilities; delay, shortage, lack of, or interruptions to supplies, electricity, gas, water, equipment, fuel and other materials; war, riot, revolution, earthquake, tidal wave, essential supply difficulties and irremediable non-performance by a third party, road closures or lack of access to roads; inability to obtain or renew the required permits or licenses, accident, military operation, rebellion,  epidemic, pandemic, quarantine regulations, labour dispute, shortage of manpower or energy, embargo, failure or delay in transportation, inability to obtain required raw materials or machines and any laws, regulations or other governmental action.

If any such delay exceeds 30 (thirty) days, either party may at its election terminate this agreement effective immediately by giving a written notice to the other party.

 

Contact Us

in order to resolve a complaint regarding the site or to receive further information regarding use of the site, please contact us at:

Fujifilm South Africa Pty Ltd

18 Holt Street, Glenadrienne, Sandton, 2196, South Africa

phone: 011 430 5400

barry.matthews@fujifilm.com

Returns Policy

 

Return Policy – last updated 28 June 2020

Thank you for your purchase. However, if you are not completely satisfied with your purchase for any reason, you may return it to us for a full refund, online store credit, or an exchange. Refer below for more information and conditions on our return policy. CPA and the Electronic Communications and Transactions Act (ECT)

As consumer, you cannot return a product for just any defect, the defect must be a material imperfection in the manufacture of the product which makes it less acceptable than a person would reasonably be entitled to expect. A defect can also be any characteristic of the product which renders it less useful, practicable or safe than a person would reasonably be entitled to expect.

 

Reason for return	Needs to be reported within:
Unwanted/bought the wrong item	21 days of receipt
Received physically damaged	7 days of receipt
Incorrect info/ Incorrect item	7 days of receipt
Faulty (Electronics)	Item’s warranty
Sub standard quality	21 days of receipt
Not what I expected	21 days of receipt

 

Conditions for return

• The actual product needs to be received by Fujifilm in mint condition
• The item needs to be received by Fujifilm within 21 (twenty-one) calendar days
• If the product’s outer packaging is unsealed, we may charge you a 15% (fifteen percent handling fee.
• Please include your order number or delivery note inside the returned parcel
• Please ensure that you package the item securely to protect it against getting damaged in transit (on its way back to Fujifilm). Fujifilm cannot accept responsibility for damage occurring before it is delivered to our warehouse premises, or collected by us at the post office, even if the damage was caused by a third party.

At the time we receive the return, Fujifilm will inspect the returned item and if satisfied on the reason for the return compared to the condition of the goods, a credit, refund or exchange will be facilitated.

Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.

Please note the following exceptions to Fujifilm’s return and exchange policy

• Discounted items are final and cannot be returned or exchanged
• Returned items be returned in original packaging
• Returned items must have no visible signs of wear and use

 

To initiate a return or exchange, please complete the following steps:

Login to Fujifilm online return portal using your email address and order ID

Choose the products you wish to return or exchange from your order

Print your prepaid shipping label that you will receive by email

Send all items back to us using the label provided

 

Have the points below been discussed and addressed on our website?

1. How long it takes to receive your refund, replacement product, or online credit
2. Any shipping/courier fees the customer will need to pay
3. How are we going to manage lost or damaged returns?

 

Refunds

After receiving your return and inspecting the condition of your item, we will process your return.

We will immediately notify you on the status of your refund after inspecting the item.

If your return I approved, we will initiate a refund to your credit card (or original form of payment)

You will receive your refund / credit within a reasonable time frame, depending on your card issuer’s policies.

 

Questions

if you have any questions concerning our return policy, please contact us at:

barry.matthews@fujifilm.com

Privacy Policy

1.   Scope of This Privacy Policy

1.1.     Scope of Application

This Privacy Policy describes our commitment to the protection of data privacy and how we treat the Personal Information that we receive from visitors of this website (“Website(s)”) and users of software applications (“App(s)”) that (i) are managed and operated by FUJIFILM Europe or one of its affiliates as indicated under the Section “Responsible Party” (“FUJIFILM” or “we”) and (ii) have a link to this Privacy Policy.

This Privacy Policy may also apply when referred to in an offline context, e.g. for workshops and other events and marketing activities.

In case stipulations that differ from this Privacy Policy are clearly indicated, the relevant differing stipulations shall prevail.

1.2.     Responsible Party and Information Officer

The Responsible Party in relation to any personal data that is collected within the scope of this Privacy Policy is FUJIFILM South Africa (Pty) Ltd, 18 Holt Street, Glenadrienne, 2196, South Africa, South Africa.

Our Information Officer can be contacted by post or via email at privacyoffice_ffza@fujifilm.com.

1.3.     External links

This Privacy Policy does not apply to those websites that have published their own privacy statement and to third party sites, even if links to their websites are on our Website(s) and App(s). Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave one of our Websites and to read the privacy statements of each and every website that collects personal information.

2.   Management of Personal Information

2.1.     Collection of Personal Information

In principle, you may view the Website(s) without disclosing Personal Information. The Website(s) and App(s) may collect certain technical information, e.g. which content you have viewed within the Website(s), or which website you have referred to access the Website(s). In the process of collecting such information, which purpose is to improve the usability of the Website(s) or App(s), information shall not be collected in a manner in which you may be identified, nor shall you be identified during the process of information analysis.

You may be requested or required to provide personally identifiable information (“Personal Information”) to access certain areas of the Website. Also, we may ask for certain Personal Information when you order a product, request services, participate in promotional activities or research studies or correspond with us. Personal Information we collect may include name, mailing address, phone number, email address, payment details and other details you provide to us for example in a contact form, registration for an account or subscription to an email newsletter or other marketing communication.

We process your Personal Information based on your consent, for the performance of a contract or as necessary for the purposes of our legitimate interests, including for responding to your enquiries and to customize and improve our web offerings, products and services in accordance with your preferences (Section 11 of the POPIA).

2.2.     Purpose of Use of Personal Information

The purpose of use of your Personal Information shall be clearly indicated in this Privacy Policy or otherwise when collecting the information, except in cases where the purpose of use is self-evident to you. The use of Personal Information provided by you shall be limited to the purpose of use indicated to you in advance. However, we reserve the right to conduct additional processing to the extent permitted or required by relevant laws and regulations.

Furthermore, we may be required to use and retain personal data for legal and compliance reasons, such as the prevention, detection, or investigation of a crime; loss prevention; or to combat fraud. We may also use personal data to meet our internal and external audit requirements, information security purposes, and as we otherwise believe to be necessary or appropriate: (a) under applicable law, which may include laws outside your country of residence; (b) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include such authorities outside your country of residence; (c) to enforce terms and conditions; and (d) to protect our rights, privacy, safety, or property, or those of other persons.

The following examples illustrate possible scenarios in which we collect and use your Personal Information:

2.2.1.        User Accounts

When you register for a customer account we usually collect name, e-mail address and password. In addition, you can provide your address, including billing and delivery address in your customer account. When placing an order, we collect data on the goods you have selected, corresponding pricing information, any vouchers you might use, your billing and delivery address, and the selected method of payment and shipping. In connection with the fulfilment of orders we collect in particular information regarding payment, delivery and returns.

We may use your Personal Information to maintain your user account, to verify that you are a legitimate user, to provide you with the requested information on FUJIFILM products and services, including any newsletters you may subscribe to and to respond to support and other enquiries you might have. In connection with your user account, we may analyze your use of our website and our newsletter to better understand your preferences and to improve our web services. We store such information in connection with your user account. If you have given your marketing consent, we might also contact you under your business contact details for marketing purposes in relation to our products and services that may be of interest for you.

If you have created a user account, we store your data for as long as you maintain your user account. In the event of deletion of your user account, we store the relevant data only to the extent permitted or required by law.

Through your user account, you can administer and update your contact data and your preferences. Please treat your access data as confidential and do not share your password with any third parties. If you become aware of, or if you suspect that a third party has obtained unauthorized access to your access data or uses your account, please change your password without undue delay.

2.2.2.        Personalized Services

In connection with the personalized services, we may process and use your information for advertising and market research purposes or for personalized provision of services if you have given your consent. If you give your consent the information accessed by you whilst visiting the Website(s) and Apps(s) may be stored in a user profile in order to be able to offer you information specifically personalized for you (e.g. in the form of a newsletter). You may withdraw your consent at any time with effect for the future.

If you use personalized services we will use your Personal Information required for the provision of the services for the duration of your registration and thereafter for as long as required or permitted under applicable laws. We may share your information with affiliated FUJIFILM companies if this is necessary to respond to your inquiries or if necessary for the provision of the services. We may forward inquiries regarding our products and services also to a distributor that is responsible for the relevant product or service category and region.

2.2.3.        Blog / Forums

Some of our Websites offer publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your Personal Information from our blog or community forum, contact us with the contact details provided in the section “Contact Us”. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

2.2.4.        Email newsletters

If you subscribe to our newsletter(s), we will use the Personal Information necessary or separately provided by you to send you our email newsletter(s) as agreed. Newsletter emails may contain web beacons, tracking pixels or links that allow us to analyze your use of the newsletter, including information on whether you received and opened our newsletter. You may withdraw your consent and unsubscribe from the newsletter at any time either by sending a message to us or via a dedicated unsubscribe link in the newsletter.

2.2.5.        Email advertising without subscription

If we receive your email address in connection with the sale of goods or services and you have not objected to this, we are entitled to regularly offer you similar goods and services, such as the one you purchased by using your email. You may withdraw your consent to such use of your email address at any time in the future by sending a message to us or via the unsubscribe link provided in our emails.

2.2.6.        Postal advertising

We may be entitled by applicable laws to store your first and last name, postal address and, if applicable, your title and academic degree and use it for our own advertising purposes, in particular for sending offers and information about our goods and services by postal services. You can object to this use of your information at any time for the future by sending a message to us.

2.3.     Data Sharing and Disclosure

We will not disclose or supply, share or otherwise distribute your Personal Information to third parties except as described in this Privacy Policy. We share Personal Information when:

(a) your consent is given in advance;

(b) it is necessary to provide you with our services, including in particular, sending of marketing communications, providing customer service, supporting our marketing and product distribution, or operating our systems or applications. These companies are authorized to use your Personal Information only as necessary to provide these services.

(c) Personal Information may be shared with the FUJIFILM group if needed to provide services or fulfill product orders, for account administration, to facilitate sales and marketing, for customer and technical support, and to promote business and product development. Please click here http://www.fujifilm.com/about/office/ to see a list of FUJIFILM Group locations we may share Personal Information with. We may also forward inquiries regarding our products and services to a third party distributor that is responsible for the relevant product or service category and region;

(d) you order products or use other services which require a fee, your name, address, credit card number, and other information is disclosed to financial institutions or other parties for payment settlement;

(e) our business is assigned or transferred either by operation in law or otherwise including mergers, consolidations and dissolution or transfer of operations;

(f) your Personal Information disclosure is required by applicable laws and regulations or such disclosure is otherwise necessary in support of any criminal or other legal investigation or proceeding conducted by relevant authorities; or

(g) there is an immediate need for disclosure to protect human life or human rights.

2.4.     International Data Transfers

We may transfer the Personal Information we collect to and store such information in other countries which may have different privacy or data protection laws than the country in which the information was provided.

This means that your Personal Information also may be transferred to and/or processed by FUJIFILM entities or (on their behalf) by third party service providers outside South Africa. The data protection regulation in the relevant countries where your Personal Information is collected or processed might deviate from the level of protection granted by legislation in the South Africa. However, FUJIFILM will ensure the adequate protection of your Personal Information in accordance with the applicable laws and the principles set out herein. By using our Website(s) and App(s), you agree with the collection and transfer of your Personal Information outside the South Africa as described herein.

2.5.     Data Security

FUJIFILM takes adequate technical and organizational security measures in order to protect your Personal Information from being misused and to prevent the loss of your information. Your Personal Information is saved in a secure operating environment that is not accessible to the public. All Personal Information provided by you in the course of registration or use of personalized services will be transferred in encrypted form in order to prevent misuse of the information by any third party.

3.   Use of Cookies, Tracking Technology and Social Media Plug-ins

3.1.     Use of Cookies and Tracking Technology

Our Website(s) and App(s) may use “Cookies” or similar technologies (analysis programs and social media services). Cookies are text files that are sent by a Website(s) to the user’s browser in order to store information on the user’s devices. Whenever the Website(s) is accessed, the information contained in the Cookie is read by the Website(s).

3.1.1.        Your consent to the use of cookies

We distinguish between strictly necessary cookies, which are required for the proper functioning of our Website(s), and other cookies. Strictly necessary cookies do not require your consent. For other cookies we request your consent before placing them on your device. You can use our website only after confirming your cookie settings.

When you first visit our Website(s) a pop-up window is shown with our Cookie Consent Manager. If you click on the button “Cookie Settings” you will be directed to the Privacy Preference Center. The Privacy Preference Center also displays a cookie list where you can find details about the cookies and the purposes they are used for. In the Privacy Preference Center you can enable or disable the use of cookies with the toggle switch. Please note that if you do not accept cookies, you may not be able to use certain features of our website as intended.

3.1.2.        Changing your cookie preferences / withdrawing your consent

You may change your cookie preferences anytime in the Cookie Settings.

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You can also deactivate the use of / delete cookies via your browser settings at any time. Please note that in this case you may not be able to make full use of the complete range of functions offered by the Website(s).

3.1.3.        Cookie list

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3.2.     Social Network Plug-ins

Our Website(s) and App(s) may offer plug-ins for social networks (“Networks”). Social network plugins are easy ways of sharing content with other people via Networks. When you access the Website(s), these plug-ins can potentially create a direct connection between your browser and the respective Networks. If you interact with the plug-ins, for example in the case of Twitter by clicking on “Tweet This” or with Facebook by clicking the ‘I like’ button or making a comment, the corresponding information will be transmitted directly from your browser to the Network. In some cases, information is already exchanged with a Network when you visit the Website(s), regardless whether you interact with the plug-ins or not.

You can prevent information from being shared with a Network by not allowing the corresponding Cookies and/or logging off from the Network before using the Website(s).

4.   Data Retention

We will retain your Personal Information for as long as your account is active or as needed to provide you with services. We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

5.   Your Rights Relating to your Personal Information under the POPIA

You have the right to request from us access to and rectification or erasure of personal data, to restrict processing of your personal data, to object to such processing and to exercise your right to data portability in accordance with the POPIA and applicable laws.

You have the right to lodge a complaint with a competent supervisory authority in accordance with the POPIA and applicable laws if you consider that the processing of personal data relating to you infringes the POPIA. For this purpose, you can contact the Information Regulator at https://www.justice.gov.za/inforeg.

6.   Changes to the Privacy Policy

FUJIFILM reserves the right to change, amend, or update this Privacy Policy. If we do decide to change our Privacy Policy, we will post the revised Privacy Policy and indicate the date of publication. On return visits, please remember to review the Privacy Policy for any changes, since continued use of the Website(s) or the App(s) after any posted revision indicates your consent to our use your of information in accordance with the changed, amended, or updated Privacy Policy.