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Terms and Conditions

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://fujifilm-x.co.za/shop/ 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

140 Western Service Rd

The Woodlands Office Park, Woodmead

Sandton, Gauteng, 2191

South Africa

phone: 011 430 5400

barry.matthews@fujifilm.com

Returns Policy

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

Welcome to FUJIFILM

We at FUJIFILM are pleased that you are visiting our website and thank you for your interest in our company, products and services. It is important to us that your privacy is protected whilst using our website. We collect, process and use personal data on our website under fujifilm-x.co.za/shop in accordance with the applicable data protection laws, including in particular the General Data Protection Regulation (EU) 2016/679 (GDPR).

 

Controller

The data controller in relation to any personal data that might be collected through this website is Fujifilm South Africa (Pty) Ltd with business address at 140 Western Service Rd, The Woodlands Office Park, Building 18, Woodmead, Sandton (T) 011 420-5400 (F) 086 626 2761, herein after referred to as “Fujifilm”. For further information please see our “Legal Notice”.

 

Collection and processing of personal data

In principle you can visit and use our website without telling us who you are. We do not require any registration. Without further information from you we only collect and process certain technical information, including the name of your Internet Service Provider, the webpage from which you came to us and the pages that you visit on our website. This information is only used for purposes of provision of our website. This data is also analysed for statistical purposes, whereby you remain anonymous as an individual user.

We process your personal data based on your consent, for the performance of a contract, if the law so requires 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 (Art. 6 (1) (a), (b) and (f) GDPR), or any similar applicable data protection laws.

Personal data is only collected if you provide us with this information, e.g. in order to register for personalized services, and only processed and used for the provision of these personalized services, or in order to process your enquiries.

Furthermore, in connection with the personalized services we are entitled to process and use your data 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 our websites can 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 or other marketing communication).

We might also collect information about the quality and success of our e-mail marketing (e.g. by analysing the opening or click rates of our e-mails).You can withdraw your consent at any time with effect for the future.

If you use personalized services we will use your personal data 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 share your data with affiliated Fujifilm companies if this is necessary to respond to your enquiries or if necessary for the provision of the services. We may forward enquiries regarding our products and services also to a distributor that is responsible for the relevant product or service category and region.

Use of our webshop

We collect personal data that you provide to us when placing your order, when contacting us or when registering for a customer account in connection with the use of our webshop. The type of data we collect is obvious from the data input fields and upload features used on our website. Depending on the specific interface, upload features can require your consent and can contain links to other websites. We indicate for relevant fields and file types whether the information is voluntary or is required to use our services.

 

Customer account, placing an order

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, picture files, information on gift options, third parties’ address information for delivery 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. To receive our newsletter or other marketing communication, you must enter your e-mail address; we also collect and use information regarding your newsletter/other marketing communication confirmation and the use of our information services. We might also collect information about the quality and success of our e-mail marketing (e.g. by analysing the opening or click rates of our e-mails). In order to provide you with personalized offers and information, we might use your purchase history or other interactions with us to analyse which offers could be of interest for you. In connection with our customer services we might collect and use further information regarding your enquiries you might have and our handling thereof, including any related correspondence.

We use the information provided by you to process your order and to respond to other enquiries. After complete fulfilment of the contract, your data will be stored until expiry of the statutory retention periods under applicable tax and trade laws. Your personal data will only be used for other purposes if you have given your consent to the use of your personal data, if we are authorized or required to use your personal data for regulatory purposes, or if we reserved the right to use your personal data in accordance with applicable laws and as further described below.

If you have created a customer account, we store your data for as long as you maintain your customer account. You may have your customer account deleted at any time; please send us a message to the contacts mentioned hereunder. In the event of deletion of your customer account, we store the relevant data only to the extent necessary to fulfil a contract or to the extent permitted or required by law.  Under your customer account, you can administer your contact data and view your current and past orders (as applicable). Please treat your access data as confidential and do not share your password with any third parties. We are not liable for any abuse of your password, unless caused by us. As long as you do not sign out you will stay logged in on our website. This allows you to use our website and the various functions without having to log in again. If you wish to change your personal information or place an order, you will be asked to enter your password again. Please close your browser at the end of the session, especially if a third party can have access to your computer. If you become aware of, or if you suspect that a third party has obtained unauthorized access to your access data or used your account, please change your password without undue delay and inform us by e-mail.

 

Data transfer to perform a contract

For the performance of our contractual obligations, we can employ a third party that produces the ordered goods on our behalf and transfer data necessary for any such product to the third party. Such third party will be subject to strict contractual obligations to comply with our instructions and applicable data protection laws as our processor. We also transfer certain of your data to the carrier chosen for delivery to the extent necessary for delivery of goods to you or to the third party designated by you. Depending on the payment service selected during the ordering process, we will also transfer certain of your personal data to the provider of such payment service (“Payment Provider”) to the extent necessary for payment processing.

Where you elect to pay by credit card/debit card we use a third party payment service provider in order to take your payment details and provide access to your payment service. Our third party payment service provider will be subject to strict contractual obligations to comply with our instructions and applicable data protection laws as our processor. We will transfer certain of your personal data to our third party payment service provider and they will use that information and the payment details you provide in dealing with the provider of the payment service selected (“Payment Provider”) to the extent necessary for payment processing. We will not have any access to the payment details you provide to our third party payment service provider. The Payment Provider may also collect certain data, in particular if you create or have created an account with the Payment Provider. In such case, you might have to register or log in with your access data or your account with the Payment Provider during the ordering process. Neither we nor our third party payment service provider have any access to your account with the Payment Provider or the respective login data. For the processing of the payments the respective terms and conditions of the Payment Provider and the privacy policy of the Payment Provider will apply.

 

Credit check and scoring

We do not perform a credit check ourselves and do not use any own credit scoring. However, credit checks and scoring can be performed by the provider of the payment service selected during the ordering process. For the processing of the payments the respective contractual terms of the payment service providers and their data protection terms apply.

 

Transfer to authorities

Any transfer of your personal data to authorities will only occur in accordance with mandatory laws.

 

Newsletter and advertisement

Data usage when registering for e-mail newsletters

If you subscribe to our newsletter or to receive other marketing communications, we will use the personal data necessary or separately provided by you to send you our e-mail newsletter or other marketing communication as agreed. You can withdraw your consent and unsubscribe from the newsletter or other marketing communication at any time either by sending a message to us or via a dedicated unsubscribe link in the newsletter or other marketing communication without incurring any cost other than the transmission costs you incur with your own provider according to your usual rate.

 

Data usage for e-mail advertising without subscription and your right of objection

If we receive your e-mail 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 e-mail. You can withdraw your consent to such use of your e-mail address at any time in the future by sending a message to us or via the unsubscribe link provided in our e-mails without incurring any cost other than the transmission costs you incur with your own provider according to your usual rate.

 

Use of data for postal advertising and your right to object

We can 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 advertising to you, in particular for sending offers and information about our goods and services by postal services. You can object to this use of your data at any time for the future by sending a message to us, without incurring any cost other than the transmission costs you incur with your own provider according to your usual rate.

 

Use of cookies, webtools and social media plug-ins

Various web tools (analysis programmes and social media services) have been integrated into our website that use “cookies”. Cookies are text files that are sent by a web server to the user’s browser in order to store information on the user’s PC via the browser that is being used, for example the user’s current IP address and information about the user. The next time the web server is accessed, the applicable data regarding the user is transmitted from the Cookie file. You can deactivate the use of cookies via your browser settings at any time. Please note, however, if you do not accept cookies, you may not be able to use certain or all features of our website.

On our website, plug-ins for the following social networks have been or are integrated (hereinafter collectively referred to as “networks” or “network”):

 

  • AddThis, operated by the company AddThis, LLC, 8000 Westpark Dr., Suite 625, McLean, VA 22102, USA (“AddThis”). Further information on data protection and data processing by AddThis as well as your options for settings and your rights can be viewed at addthis.com/privacy.

 

  • com, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The plug-ins are indicated with a Facebook logo (white “f” on a blue tile background a “Like” (thumbs up) symbol) or are identified with the addendum “Facebook social plug-in”. The list of Facebook social plug-ins and their appearance can be viewed at www.facebook.com/policy.php.
  • Twitter, operated by Twitter, Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA (hereinafter referred to as “Twitter”). The plug-ins can be identified by the Twitter logo (bird outline/relief in various colours against various backgrounds). The various Twitter logos which are used to indicate the plug-in can be viewed on the Twitter website under about.twitter.com/en_us/company/brand-resources.html.
  • “G+” button of the social network Google Plus, operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (“Google”). The button can be identified by the symbol “G+” against a white background. Further information about this can be found at www.google.com/intl/policies/policies/privacy/.
  • Pinterest – Pinterest Trademark Agent, 635 High Street, Palo Alto, CA 94301 USA pinterest.com/about/privacy.
  • Instagram – Instagram LLC, 1601 Willow Rd, Menlo Park CA 94025, USA http://instagram.com/legal/privacy/.

 

  • Youtube – YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066 USA youtube.com/t/terms
  • icio.us – AVOS Systems, Inc., 273 S. Railroad Ave., Suite A, San Mateo, CA 94401 USA del.icio.us/privacy.
  • LinkedIn – LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043 USA www.linkedin.com/legal/privacy-policy.

 

All of these network plug-ins essentially work according to the same basic principle as described below:

When you access our website, the network plug-ins can potentially create a direct connection between the user’s browser and the server of the respective network. The content of the relevant plug-in will be directly transmitted from the network to your browser, which will integrate it into the website. We have no influence regarding the scope of the data which is collected with the aid of the plug-in. Therefore, we can only inform you about the information which is publicly accessible according to our current state of knowledge (see above). The integrated plug-in informs the network that the user has accessed our website and informs the network of the user’s IP address. If the user is logged in to the network of this plug-in at that point in time, the network will be able to link the visit with the user’s account.

If the user interacts with these 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 the user’s browser to the network where it will then be stored. Furthermore, additional personal data can also be transmitted and stored there, for example the user’s IP address, personal browser settings and other parameters.

If you are a member of the respective network and do not want it to collect information about you via our website and to link this information with the data that the network has already stored about you, then please close this website, log out from your user account for the respective network and afterwards visit our website once again.

If you are not a member of the network or you have logged from the network before visiting our website, the possibility still exists that the network will ascertain (at least) your IP address and store it. Please note that this information is already exchanged when you visit our website, whether you interact with the plug-ins or not.

 

Web statistics tools, Targeting

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics uses so-called cookies, i.e. text files that are stored on your computer and that allow an analysis of the way you use our website. The information generated by the cookie is usually transmitted to a Google server in the USA and stored there. Google complies with the EU-US Privacy Shield Agreement and is registered with the US Department of Commerce’s ES-US Privacy Shield Program (for details and individual registrations go to www.privacyshield.gov). However, if IP anonymisation is activated on this website, your IP address will be truncated by Google beforehand within member states of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. Google uses this information on our behalf to evaluate the use of our website by you, to compile reports on the website activities and to provide other services related to the website and internet usage to us.

Please note that we use the code “ga(‘set’, ‘anonymizeIp’, true);” to ensure the anonymous collection of IP addresses (so-called IP masking). As a result, IP addresses are processed in shortened form, which means that direct personal reference can be excluded.

You can deactivate the use of cookies via your browser settings at any time. Please note, however, if you do not accept cookies, you may not be able to use certain or all features of our website. Furthermore, you can prevent the collection by Google of the data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of such data by Google by downloading and installing the browser plug-in available under the following link http://tools.google.com/dlpage/gaoptout.

For more information about privacy in connection with Google Analytics, please visit: http://www.google.com/intl/en/analytics/privacyoverview.html.

 

Facebook-Pixel – Re-Marketing / Re-Targeting

We use online retargeting technologies, such as Facebook’s Facebook Pixel, 1601 South California Avenue, Palo Alto, CA 94304, USA. These technologies allow us to specifically target those users with online advertising who are already interested in our products on our partners’ websites. For this purpose so-called counting pixels can be integrated on our websites. When accessing our pages, a connection between your browser and the server of

Facebook is established via the counting pixel. This allows Facebook to associate your visit to our pages with your Facebook account (if existing) and to see if Facebook ads have been successful. This serves us for statistical and market research purposes. We do not have exact information of the content of the data transmitted to Facebook and its use by Facebook.

However, when using such tools, we make sure that our partners, in addition to the IP address, are not provided with any known data records, such as e-mail addresses or telephone numbers of our customers. Further information on the “Facebook Pixel” can be found in the Facebook privacy policy at https://www.facebook.com/about/privacy/.

If you do not wish to use such a cookie, you can prevent the use of online retargeting technologies. If you are a Facebook user, this setting can be made directly in your account.

This link takes you directly to the appropriate setting: https://www.facebook.com/ads/website_custom_audiences/. If you are not a Facebook user, you can set an opt-out cookie using a browser check. This offers e.g. following page: http://www.youronlinechoices.com.

Doubleclick from Google

This website uses “Doubleclick”, a service provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). Doubleclick by Google uses cookies to show you advertisements that are relevant to you. Your browser will be assigned a pseudonymous identification number (ID) to check which ads have appeared in your browser and which ads have been viewed. The cookies do not contain any personal information. Using the DoubleClick cookie allows Google and its affiliate websites only to serve ads based on previous visits to our or other websites on the Internet. The information generated by the cookies is transmitted by Google for evaluation to a server in the USA and stored there. A transfer of the data by Google to third parties takes place only due to legal regulations or in the context of data processing relationships. By using our website, you agree to the processing of the data collected about you by Google and the manner described above, the data processing and the stated purpose. You can deactivate the use of cookies via your browser settings at any time. Furthermore you can choose the settings of commonly used browsers so that you are informed about the setting of cookies and individually decide on their acceptance, or exclude the acceptance of cookies for specific cases or in general. Please note, however, if you do not accept cookies, you may not be able to use certain or all features of our website. Furthermore, you can prevent the collection by Google of the data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of such data by downloading and installing the browser plug-in available under the DoubleClick Deactivation Extension link (https://support.google.com/ads/answer/7395996?hl=en. Alternatively, you can opt out of

DoubleClick cookies via Advertising Settings on Google (https://adssettings.google.com ) or on the Digital Advertising Alliance website (http://www.youronlinechoices.com).

 

Optimizely

This website uses Optimizely, a web analytics service from Optimizely, Inc., (“Optimizely”). Optimizely. Optimizely uses so-called cookies, i.e. text files that are stored on your computer and that allow an analysis of the way you use our website.  The information generated by the cookie is usually transmitted to and stored by an Optimizely server in the USA. However, if IP anonymization is activated on this website, your IP address will be truncated by Optimizely beforehand within member states of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to an Optimizely server in the USA and shortened there. Optimizely uses this information on our behalf to evaluate the use of our website by you and to compile reports on website activity. The IP address sent by Optimizely from your browser will not be merged with other Optimizely data.  You can deactivate the use of cookies via your browser settings at any time. Please note, however, if you do not accept cookies, you may not be able to use certain or all features of our website. Furthermore, you can prevent the collection by Optimizely of the data generated by the cookie and related to your use of our website (including your IP address) as well as the processing of such data by Optimizely by following the instructions on http://www.optimizely.com/opt_out.

 

Data Security

FUJIFILM takes adequate technical and organizational security measures in order to protect your personal data from being misused and to prevent the loss of your data. Your personal data is saved in a secure operating environment that is not accessible to the public. All personal data 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 data by any third party.

 

Transfer, export and processing of the data outside the EU/EEA

Other than described herein, no transfer will take place to third parties outside the Fujifilm Group. Personal data of users of our website from outside the EU/EEA can be transferred to affiliates of FUJIFILM or distributors outside EU/EEA that are responsible for the relevant product or service category and region, and such transfer will only be done in accordance with an existing agreement/s regulating the protection of the personal information of a user or in accordance with applicable data protection laws..

 

External links

Our website can contain links to other websites. Please be aware that FUJIFILM is 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 data. This privacy policy applies solely to information collected by our websites.

 

Further information and contacts, information, corrections, blocking and deletion.

You can contact our data protection/ compliance office using the following contact information:

FUJIFILM South Africa (Pty) Ltd, Information Officer, 140 Western Ave Road, Woodlands office park, Building 18, Woodmead;
E-Mail: ruzelle.swanepoel@fujifilm.com

You have the right to request from us access to and rectification or erasure of personal data or to restrict processing of your personal data or to object to such processing as well as exercising your right to data portability in accordance with the GDPR and applicable laws. Please contact the address given above by email or by mail.

You have the right to lodge a complaint with a competent supervisory authority in accordance with the GDPR and/or applicable laws if you consider that the processing of personal data relating to you infringes the GDPR and/or applicable data protection laws. For this purpose, you can contact the applicable data protection regulatory authority/ies which may have jurisdiction in law 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. On return visits to our site, please remember to review the privacy policy for any changes, since continued use of our site after any posted revision indicates your consent to our use your information in accordance with the changed, amended, or updated privacy policy.

 

Definitions and interpretation of Key Concepts

Defined terms and key concepts of the GDPR as they are used in this Privacy Policy will for purposes of the applicable jurisdiction be deemed to have been replaced with the similar definition provided for that definition in accordance with the definitions set out herein below from the applicable data protection laws listed in the right hand column:

GDPR

POPIA (Protection of Personal Information Act) (South Africa)

Consent Consent
Data Controller Responsible Party
Data Processing Data Processing
Data Processing Agreement (DPA) Operator Agreement
Data Processor Operator
Data Protection Authority Information Regulator
Data Protection Officer (DPO) Information Officer
Data Subject (only Natural persons) Data Subject (Natural and Juristic Persons)
Sensitive Data Special Person Information
Personal Data Personal Information
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