TERMS OF SALE – FUJIFILM Shop USA (shopusa.fujifilm-x.com)

1. Introduction 

These Terms of Sale (“Terms”) apply to all purchases made through https://shopusa.fujifilm-x.com (“Site”), operated by Fujifilm (“Fujifilm”, “we”, “us”, or “our”). By placing an order on this Site, you agree to be bound by these Terms. 

2. Eligibility 

By placing an order, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction), legally capable of entering into a binding agreement, and are purchasing products for lawful purposes only.   

3. Orders and Acceptance 

All orders are subject to acceptance and availability. After placing an order, you will receive an email confirming receipt of your order; this does not constitute acceptance. We reserve the right to refuse or cancel any order at our discretion, including in cases of pricing errors, suspected fraud, product unavailability, or system error. 

4. Pricing and Payment 

All prices are listed in U.S. dollars (USD) unless otherwise stated. Prices are subject to change without notice. Applicable taxes, shipping, and handling fees will be calculated and displayed at checkout. 

Payment must be made at the time of purchase using the payment methods provided at checkout. By submitting payment information, you represent and warrant that you are authorized to use the selected payment method. 

5. Financing Options 

We may offer financing options through third-party providers, including Affirm (“Financing Providers”). These financing options are offered directly by the Financing Provider and are not provided by Fujifilm. 

If you choose to use a financing option at checkout, you understand and agree that: 

  • You are entering into a separate agreement directly with the Financing Provider, and not with Fujifilm. 

  • All financing terms, including eligibility, credit approval, interest rates (if any), payment schedules, fees, and disclosures, are determined solely by the Financing Provider. 

  • Fujifilm does not make any representations, warranties, or guarantees regarding financing offers, approval decisions, or terms provided by the Financing Provider. 

  • Any communications, disputes, billing inquiries, or issues related to your financing agreement must be directed to the Financing Provider. 

  • Your use of financing may be subject to the Financing Provider’s privacy policy and terms, including Affirm’s Terms of Service (available at https://www.affirm.com/terms). 

  • Your purchase of products from Fujifilm remains subject to these Terms of Sale and our Return Policy. Refunds, if applicable, will be processed in accordance with our policies, but any financing balance adjustments will be handled by the Financing Provider in accordance with their terms. 

  • Financing options may not be available to all customers and are subject to eligibility criteria, credit approval, and other requirements established solely by the Financing Provider. Fujifilm does not guarantee that financing will be offered or approved to any particular customer. 

Fujifilm is not responsible for any acts or omissions of the Financing Providers, including but not limited to errors, interruptions, delays, failures in service, or inaccuracies in financing terms. Fujifilm does not guarantee financing approval, terms, or conditions, and we disclaim all liability arising from your use of or inability to use financing services. Any disputes, claims, or issues related to your financing agreement, including billing, payments, or privacy concerns, must be addressed directly with the Financing Provider. By selecting a financing option, you acknowledge and agree that Fujifilm has no control over the financing process and shall not be liable for any damages or losses resulting from your financing arrangement.

6. Shipping and Delivery 

We will make reasonable efforts to process and ship orders promptly. Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers or events outside our control. 

Risk of loss and title to products pass to you upon delivery to the shipping address provided at checkout. 

7. Returns and Refunds 

All returns and refunds are subject to our Return Policy, which is incorporated into these Terms by reference. No product may be returned if more than 30 days have passed since the date of purchase, in accordance with our Return Policy. Approved refunds will be issued to the original payment method. If a purchase was made using a financing option, refunds may be applied to your financing account in accordance with the Financing Provider’s terms. 

8. Privacy Policy 

Your use of the Site and purchase of products are also subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. Please review our Privacy Policy carefully before placing an order. 

9. Product Information 

We aim to ensure that product descriptions, images, pricing, and availability are accurate. However, errors may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to update or change information without prior notice. 

10. Warranty 

Certain products may include a manufacturer’s warranty. Warranty coverage, terms, and conditions vary by product and are provided separately where applicable. 

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTEND PERMITTED BY LAW, FUJIFILM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER OR RELATED TO THESE TERMS OR YOUR PURCHASE WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE AFFECTED PRODUCT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, FUJIFILM'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTEND PERMITTED BY LAW.

12. Governing Law 

These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its conflict of law principles. 

13. Changes to Terms 

We reserve the right to update or modify these Terms at any time. Any changes will be effective immediately upon posting on the Site. For clarity, orders placed prior to the posting of any changes will be governed by the Terms in effect at the time the order was placed, unless we notify you otherwise. 

14. Force Majeure 

Fujifilm shall not be liable or responsible for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, wars, terrorism, government actions, labor disputes, supply chain interruptions, or other unforeseen events.

15. Severability 

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the original intent of the parties. 

16. Contact Us 

If you have any questions regarding these Terms, please contact our Customer Service team at digitalinfo@fujifilm.com. 

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