Terms and Conditions
FUJIFILM NZ LIMITED
Film Processing Terms and Conditions
Overview
1. These terms and conditions set out the basis on which FUJIFILM NZ LIMITED (NZBN 9429040727882) (we, us, our) will:
1.1. supply our film processing Services to you (Services); and
1.2. supply any products we deliver to you as a result of the Services (Products); and
1.3. make the website at https://myfilm.fujifilmphotos.co.nz available to you (Website).
2. By ordering Products and/or using Services from us (including via using and accessing the Website), you agree to be bound by these terms and conditions, including any additional terms and conditions and policies referenced in these terms and/or available by hyperlink (Terms). Use of the Website is also governed by our Website terms of use at www.fujifilm.com/nz/en/terms.
3. By agreeing to these Terms, you confirm that you are at least 18 years of age.
Why it is important to read these Terms
4. Please read these Terms carefully before ordering our Products/Services. These Terms tell you who we are, how we will provide Products and Services to you, how you and we may terminate these Terms, what to do if there is a problem and other important information.
5. Any new features or additional Products/Services added to the Website that relate to film processing will also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. By continuing to use or access the Services or order Products after we post any changes, you accept those changes.
Nature of the Products/Services
6. You acknowledge that our Products and/or Services are subject to any limitation or restriction set out on our FAQ page at https://myfilm.fujifilmphotos.co.nz/pages/frequently-asked-questions
7. Original film will be destroyed by us and not returned to you unless specifically set out otherwise on the Order Form. You acknowledge that film processing is a chemical process that may result in the destruction of the original film. By submitting film to us, you accept this risk and authorise us to proceed with processing such film.
8. We are not responsible for:
8.1. the loss or destruction of any content captured on submitted film, regardless of its nature, sentimental or monetary value, including but not limited to wedding photos, historical images, or any other irreplaceable or sensitive content;
8.2. damage or loss of film during transit to us, including due to inadequate packaging; and
8.3. issues with film quality, such as exposure to light/contaminants, aged film; and
8.4. any delay or failure to perform our obligations to the extent that such delay or failure results from events, circumstances or causes:
8.4.1. that are outside our reasonable control including, without limitation, fires, terrorism, sabotage, natural disasters, wars, riots, government actions, strikes, power outages or network failures (Unexpected Disruption Event). Our performance under these Terms with you is deemed to be suspended for the period that the Unexpected Disruption Event continues (provided that if such period exceeds 30 consecutive days, you may terminate these Terms by written notice to us without penalty). We will use our reasonable endeavours to minimise the impact of the Unexpected Disruption Event and to resume performance as soon as reasonably practicable; and/or
8.4.2. which have not been caused by us.
9. We have made every effort to show accurate colours and images of Products on the Website. However, the actual colours and appearance of any Products may look different on your computer screen or in any physical representation.
10. Sample images (if any) are provided as a guide only. We do not guarantee that customers will necessarily be able to achieve comparable results. Final image quality depends on multiple factors including, but not limited to proper film storage, film expiration date, correct film loading, appropriate camera settings, proper exposure settings, and environmental conditions. We cannot guarantee results from expired film or film that has been improperly stored or exposed. For disposable cameras, exposure is automatically controlled, but image quality may still be affected by film age and storage conditions (including exposure to adverse lighting conditions).
Creating an account and use of personal information
11. You must create an online account with us in order to purchase Products and/or Services on the Website. Please follow the online instructions on our Website to create your account.
12. We will use your personal information in accordance with our Privacy Policy. You can find our Privacy Policy at https://www.fujifilm.com/nz/en/privacy. In particular, please note that we may share your personal information with third party service providers who assist us to provide Products and/or Services to you.
13. By creating an account with us, you agree that we can contact you in relation to orders you place with us and for marketing purposes. You can opt-out of marketing communications in accordance with our Privacy Policy.
Placing an order and acceptance of orders
14. Our Products and/or Services can be ordered either:
14.1. directly through our Website by following the online instructions and submitting an online order form on our Website (Order Form); or
14.2. by scanning the QR code on a pre-purchased film development bag (available from participating stores) which will direct you to the Order Form.
15. Any Order Form submitted by you via the Website is an offer to purchase Products and/or Services. To accept your order, we will send you a confirmation e-mail with your order number.
16. We reserve the right to reject or accept an order from anyone for any reason at any time. Sometimes we reject orders, for example, because:
16.1. of technical limitations;
16.2. a Product (or products that we use to provide any Services) is unexpectedly out of stock;
16.3. you are located outside New Zealand;
16.4. the product was mispriced by us.
17. If we reject an order, we let you know as soon as possible and refund any sums you have paid.
18. We may impose quantity or other limits to our provision of the Products and Services at our sole discretion.
Prices
19. All prices for the Products and/or Services are set out on the Website and, unless specified otherwise, are inclusive of GST.
20. Pricing is subject to change at any time without notice, at our sole discretion. However, price changes will not impact existing orders that have been accepted by us (price changes will only affect new orders placed by you).
21. Unless stated otherwise, prices are in New Zealand Dollars.
Payment
22. We will not process any Products and/or Services ordered by you unless and until you have completed payment in full of the price for the relevant Products and/or Services listed on the Website or in store (in the case of purchase of a pre-purchased film development bag).
23. We accept payment by Visa and MasterCard only. We do not accept EFTPOS, cash, cheques, vouchers or any other forms of payment.
24. We reserve the right to refuse to accept payment from you by credit card for any reason whatsoever.
25. We take security and customer services very seriously and appreciate the trust placed in us when providing your credit card details. For this reason, we have implemented a fully hosted payment solution provided by DPS Payment Express.
26. DPS Payment Express are fully certified as Visa AIS and MasterCard SDP (PCI DSS) Compliant. DPS Payment Express collects, processes and stores the card details on their system at the time of order. Card details are stored with DPS Payment Express for 6 months allowing us to quickly issue refunds where necessary. Our employees have no access to any sensitive customer information, including card details held within the DPS Payment Express systems. Our employees use reference numbers, supplied to us by DPS at the time of order, to conduct any refunds or cancellations. At no time do we store or transmit any sensitive card details.
27. If we suspect any fraudulent use of the Website or personal or payment details, we reserve the right to put any order on hold while we undertake the necessary checks, including bank checks. We further reserve the right to cancel any transaction following such checks.
28. If your credit card is declined by your financial institution, delivery of the relevant order will not be made, and we will contact you to make alternative payment arrangements.
Delivery
29. The timeframe for delivery may vary depending on the type or quantity of Product and/or Services you have ordered, and the delivery method.
30. Products will be delivered in the manner specified on the Order Form that you submit when you place an order. Digital photos will be delivered via secure encrypted digital delivery methods, and access links will expire after 30 days from the date of delivery to your nominated email address.
31. While we will make reasonable efforts to meet our estimated delivery timeframes, such timeframes are guidelines only and we cannot guarantee a specific delivery time. If our performance of the Services or delivery of the Products is delayed by an event outside our control, such that we are not likely to meet an estimated delivery time specified, then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay.
Modifications to the Products/Services
32. We reserve the right at any time to modify or discontinue any Products and/or Services. We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products and/or Services (except as required by law under the Consumer Guarantees Act 1993 if you are a consumer).
Your obligations
33. You must not use our Products or Services for any illegal or unauthorised purpose and you must not, in the use of the Services, violate any laws (including but not limited to copyright, privacy or intellectual property laws).
34. You agree to provide accurate and complete information when requested by us and to respond promptly to any reasonable requests for information necessary to facilitate the provision of the Products and/or Services. Failure to provide such information or to respond in a timely manner may result in delays or the inability to fulfil our obligations under these Terms.
If you are a business (as opposed to a consumer) the Consumer Guarantees Act 1993 and certain sections of the Fair Trading Act 1986 do not apply to you
35. You agree that, where all or any of the Products and/or Services are acquired for business purposes (for example you purchase for the purpose of resupply in trade):
35.1. the provisions of the Consumer Guarantees Act 1993 do not apply;
35.2. sections 9, 12A, 13, and 14(1) of the Fair Trading Act 1986 do not apply;
35.3. contracting out of the above statutory provisions is fair and reasonable;
35.4. you have had a sufficient opportunity to review these Terms and take independent advice on them, and you understand them; and
35.5. these Terms are not unfair or unreasonable and they protect our legitimate interests.
Disclaimer of Warranties, Limitation of Liability
36. We request that you notify us of any defects in the Product/Services within 30 days of delivery of the Product/Services to you.
37. We do not warrant that the quality of any Products or Services will meet your expectations or be fit for a particular purpose.
38. Except as set out in clauses 39 and 40 below (in particular, any rights you have if you are a consumer under the Consumer Guarantees Act 1993), we will not be responsible for any losses that result from our failure to comply with these Terms that fall into the following categories:
38.1.1. any indirect or consequential loss;
38.1.2. loss of income or revenue;
38.1.3. loss of business;
38.1.4. loss of profits;
38.1.5. loss of anticipated savings;
38.1.6. loss of data; or
38.1.7. waste of management or office time.
39. However, clause 38 will not prevent claims for loss of, or damage to, your tangible property that are foreseeable or any other claims for direct loss that are not excluded by clause 38.
40. Nothing in these Terms excludes or limits our liability for:
40.1. fraud or fraudulent misrepresentation;
40.2. defective Products or Services under the Consumer Guarantees Act 1993 if you are a consumer for the purposes of the Consumer Guarantees Act 1993; or
40.3. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Indemnification
41. You agree to indemnify, defend and hold harmless FUJIFILM NZ LIMITED and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Services providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable legal costs, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Termination
42. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
43. Your rights when you terminate these Terms will depend on the Products / Services you have ordered, whether there is anything wrong with such Products/Services, how we are performing and why you decide to terminate these Terms:
43.1. Where you have purchased a pre-paid film development bag from a third-party retailer, any issues relating to the purchase price, condition or suitability of that bag should be directed to the retailer from whom you purchased it in the first instance. Our services commence when we receive your film for processing, and our obligations under these Terms relate to the film processing services we provide.
43.2. If Products or Services you have bought are faulty or misdescribed, you may have a legal right to terminate these Terms (or to get the Products repaired or replaced or the Services re-performed or to get some or all of your money back) – if you are a consumer, your rights under the Consumer Guarantees Act 1993 are not affected by these Terms and continue to apply in full. If your developed film is blank or the quality of any image is defective due to no fault of ours (such as camera malfunction, storage conditions, including exposure to adverse lighting conditions, or user error), you will not be eligible to receive refund, replacement or repair. In the event of loss or damage to film while in our possession due to circumstances beyond our reasonable control and (if you are a consumer) which do not arise from any breach of our obligations under the Consumer Guarantees Act 1993, our liability to you is limited to the value of the replacement of a comparable unexposed film and a refund of any processing charges paid.
43.3. If you are terminating these Terms for a reason set out at clause 43.2.1 to 43.2.5 below, these Terms will terminate immediately, and we will refund you in full for any Products which have not yet been provided to you. The reasons are:
43.3.1. we have told you about a significant change to the Products or Services or need to make a major change to these Terms which you do not agree to;
43.3.2. we have told you about a significant error in the price or description of the Products or Services you have ordered, and you do not wish to proceed;
43.3.3. there is a risk that delivery of the Products or Services may be significantly delayed well beyond our delivery lead-times because of events outside our control;
43.3.4. we have suspended supply of the Products or Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than two months; or
43.3.5. you have a legal right to terminate these Terms because of some other significant issue that we have got wrong.
43.4. In all other cases (including if you change your mind), you do not have the right to terminate these Terms after an order for Products and/or Services has been placed through the Website and we have begun work to provide those Products/Services, as the film processing services cannot be reversed once commenced, unless otherwise required by applicable law. You will be responsible for all shipping costs for returns due to change of mind and any original shipping fees paid cannot be refunded if such costs have already been incurred by us2.
44. We may terminate these Terms if you do not, within 14 days of us asking for it, provide us with information that is necessary for us to provide the Products/Services to you. If we terminate these Terms in these circumstances, we will not refund the price you have paid us for the Products/Services unless we have not commenced work to provide the Products/Services or we otherwise agree in our sole discretion.
Our contact details
45. If you have any questions about the Products and/or Services, please contact us at ffnz.customerservices@fujifilm.com.
Other important terms
46. If we do not immediately enforce any part of these Terms, or delay in taking action against you for breaching these Terms, we can still take action later. Any delay in enforcing these Terms does not affect our right to enforce them in the future.
47. These Terms are governed by New Zealand law, and you can bring legal proceedings in respect of the Products and/or Services exclusively in the New Zealand courts.
48. If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will still be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms, and such determination will not affect the validity and enforceability of any other remaining provisions.