TERMS AND CONDITIONS OF USE
Welcome to the Ireland Nikon Store (the “Store”). By using the Store, you agree to be bound by the following terms and conditions (the “Terms and Conditions”). If you do not accept these Terms and Conditions, do not use the Store. We recommend you print a copy of these Terms and Conditions for future reference.
1. Who we are and how to contact us
Nikon Holdings Europe BV
1076 ER, Amsterdam,
Contact email: firstname.lastname@example.org
Contact phone: 0330 123 0928
VAT Number: IE3721972PH
Company Registration number: 34139593
(“Nikon”) provides this Store to you (“You”) on the basis of the following Terms and Conditions. These Terms and Conditions may be updated by Nikon from time to time by posting the updated Terms and Conditions on the Store without prior notification to You. When You access the Store at any time in the future, such updated Terms and Conditions then in force shall apply. You should check the Terms and Conditions for updates each time You access the Store.
If an update to these Terms and Conditions changes the terms of an order we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
Nikon reserves the right to decline or cancel a registration or an account at any time. You are also responsible for ensuring that all persons who access the Store through your internet connection are aware of these Terms and Conditions and that they comply with them.
2. The Store
The Store and any products that You purchase through the Store
are for Your non-commercial, personal use only and must not be used for
business purposes. You will be able to obtain information about certain
products via this Store and You may also submit queries to Nikon
to receive more information.
Please note that the Store is for Nikon’s customers in all EU member states, however purchased products will be delivered to addresses in Ireland only. If You wish to have your purchase delivered to another EU address, you can either do this directly by purchasing products through the relevant national Nikon Store or by arranging for collection/onward delivery from the address you have supplied to Nikon Store.
3.1 You can purchase products via this Store by selecting items and proceeding to the check-out. If You have not already registered an account at the Store, You will be requested to register in order for Your purchase order to be processed. All purchases that You may make via this Store will be administered by and purchased from Nikon.
3.2 How we will accept your order. Nikon’s acceptance of your order will take place when we email You to accept it, at which point a contract will come into existence between You and Nikon. This acceptance email will include information regarding your right to withdraw from the contract and any information You may need to access this right as well as information regarding complaints.
3.3 If we cannot accept you order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline You have specified.
3.4 Your order number. Nikon will assign an order number to your order and tell You what it is when we accept your order. It will help Nikon if You can tell us the order number whenever You contact Nikon about your order.
3.5 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. The packaging of the product may vary from that shown in images on the Store.
4.1 The costs of delivery will be as displayed to You on the Store.
4.2 Where we will provide the products. We will deliver the products to You as soon as reasonably possible, usually within 3-10 working days, and in any event within 30 days of the day on which we accept your order.
4.3 Nikon is not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay. Provided we do this, Nikon will not be liable for delays caused by the event outside our control.
4.4 You will become responsible for the product(s) from the time we deliver the product to the address You gave Nikon. You will become the owner of the product(s) You have ordered once Nikon has received payment in full.
4.5 If no one is available at Your address and the products cannot be posted through Your letterbox, we will leave You a note informing You of how to rearrange delivery or collect the products from a local depot.
4.6 If You do not rearrange delivery or collect the products from a delivery depot we will contact You for further instructions and may charge You for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact You or rearrange delivery we may end the contract.
5. Price and payment method
5.1 The methods of payment which are available may vary.
5.2 You will find the relevant price information (including details of any applicable VAT and delivery charges) and the available methods of payment for product(s) in the Store.
5.3 We take all reasonable care to ensure that the price of the product advised to you is correct. It is always possible that, despite this care, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
6. Your Right to cancel the purchase
6.1 If You for any reason wish to cancel a purchase, You may do so within 14
days from receiving the product(s) (or the final product in your order for
orders delivered in multiple deliveries). The easiest method to do so is to notify us using any of the contact details above.
6.2 When Nikon has confirmed the cancellation, You will be provided with a return form for the product(s) which will be in the form set out in the annex to these terms. The cancelled item(s) must then be returned to the address notified to You by Nikon, within 14 days after your receipt of the form. The item(s) must be in the condition in which delivered and packed in accordance with Nikon´s instructions. You may open the packaging and examine the product(s). However, the item(s) must be returned undamaged and properly packaged. If the product(s) is/are damaged after delivery or it/they is/are not properly packaged, we may deduct an amount from your refund to reflect any reduction in value of the products as a result of your handling the products in a way which would not be permitted in a shop. If only part of the item(s) is/are returned, only a corresponding part of the purchase price will be refunded to You. Please note that You do not have the right to change your mind in respect of sealed computer software, once these products are unsealed after You receive them.
6.3 Nikon will pay the cost of postage of the cancelled item(s) from the address to which we delivered the item(s) to the return address.
6.4 Nikon will refund any payment for the purchase as soon as practicable and at the latest within 14 days of when Nikon receives the item(s) back or, if earlier, within 14 days of the day on which You supply Nikon with evidence that the item(s) have been sent back.
7. If there is a problem
7.1 If You have any questions or complaints about the Store or product(s) please
contact us using any of the contact details above.
7.2We are under a legal duty to supply products that comply with this contract. You have legal rights in respect of products that are faulty or not as described by us. Details of your rights are available through your local Trading Standards office (if you are resident in the UK) or equivalent national advisory body on consumer matters. If you wish to exercise your rights to return to us any product that is faulty or not as described, we will refund the price and pay the costs of postage from the address to which we delivered the item(s) to the return address, in accordance with your legal rights.
8.1 The Store is provided to You at no extra charge. We do not guarantee that
the Store will always be available or be uninterrupted. We may suspend or
restrict of availability of all or any part of the Store for business or
operational reasons. Any support provided to You is for information purposes
only. Nikon reserves the right to make changes to the Store at any time; or
not reply to any queries; or not provide support in connection with the Store.
8.2 This clause 8 relates to your use of the Store and does not affect any legal rights you may have in respect of products purchased using the Store (see clause 10.2 below).
9.1 All material on the Store is the property of Nikon, Nikon Affiliates
and/or its suppliers and protected by copyright and other intellectual property
rights. You are authorized to view and download the materials for Your personal,
non-commercial use only.
9.2 Nikon reserves the right to at any time prevent You from using the Store or to prevent You from making any purchases.
9. Liability of Nikon
10.1 Nikon is responsible for loss or damage you suffer that is a foreseeable
result of our breaking our contract with you or our failing to use reasonable
care and skill. Loss or damage is foreseeable when it is obvious that it will
10.2 Nothing in these Terms and Conditions shall:
(a) limit or exclude Nikon’s liability (I) for death or personal injury caused by its negligence, (II) to the extent it cannot be excluded or limited under applicable law; or
(b) affect Your legal rights in respect of any purchase of products made through the Store that are faulty or do not match their description (details of which are available through your local Trading Standards office or equivalent national advisory body on consumer matters).
10.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purposes, we shall not be responsible for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. Governing law and language
These terms are governed by Irish Law and you can bring legal proceedings in respect of the products in the Irish courts.