Terms and Conditions of Sale
NIKON INC. NIKON STORE
TERMS AND CONDITIONS OF SALE
BY SUBMITTING AN ORDER TO THE NIKON STORE (“Nikon Store”) FOR THE PURCHASE OF PRODUCTS (“Product(s)”) OR SOFTWARE (“Software”), YOU, THE NIKON STORE CUSTOMER (“Customer”), AGREE TO BE BOUND BY THESE NIKON STORE TERMS AND CONDITIONS OF SALE (“Terms and Conditions”).
1. All orders for Products or Software from the Nikon Store are subject to Nikon Inc.’s (“Nikon”) approval and acceptance, and Nikon reserves the right to reject any order, in whole or in part, at any time before shipment at Nikon’s sole discretion. Reasons for rejections of orders include, but are not limited to, credit card rejection, out-of-stock Products or Software, and/or unusually large or excessive quantities of Products or Software ordered.
2. The Nikon Store will confirm Customer’s order by a confirmation email, which will confirm the Products or Software ordered, order quantities, purchase price, shipping charges and taxes, payment method (credit card or PayPal) and shipping information, such as shipping address and signature required, if applicable, and estimated arrival. Notwithstanding the foregoing, Customer’s order shall not be deemed accepted by Nikon until Nikon’s shipment of the Products or delivery of the Software ordered. Customer should call Nikon’s customer support at the number listed on the confirmation email if any of the items listed are incorrect.
3. Customer can only cancel an order by calling Nikon’s customer support within 30 minutes after placing the order and requesting that the order be canceled. After this 30 minute time period, the order is not cancelable by the Customer. Nikon reserves the right to cancel any order, in whole or in part, including without limitation, pre-orders or back-orders, at Nikon’s sole discretion. Nikon will advise the Customer of any canceled order by email.
4. The Nikon Store will send an email advising that the Customer’s order has shipped, and that email will include Products or Software shipped and tracking information for the shipment. Nikon may, on occasion, ship some, but not all, of the Products or Software ordered under a particular order. The rest of the Products or Software ordered under that order will either be shipped when available or canceled, at Nikon’s sole discretion.
5. Prices for Products or Software ordered are those in effect at the time of order, and do not include taxes and shipping and handling, if applicable. In addition to the prices specified, the amount of any sales, use, excise or other tax applicable to the sale of the Products or Software, and any applicable shipping and handling charges, will be added to the order total and are the responsibility of the Customer.
6. Payment for orders may be made by credit card or PayPal. The Nikon Store accepts VISA, American Express, and MasterCard. The Nikon Store will receive payment authorization at the time the order is placed, and the credit card or PayPal account will be charged at the time the order is shipped.
7. Software purchases that are deliverable by “download” are not returnable, and require that the Customer already has a trial version of the downloadable Software. There will be no physical delivery of a Software package, Software media or operating manuals. The Nikon Store will email the Customer a “key”, which will enable the Customer to download the full version of the associated Software. The Customer’s purchase of the Software shall be deemed completed and final upon the Nikon Store’s emailing of the “key”.
8. Nikon may, at its sole discretion and for any reason whatsoever, limit order quantities, including but not limited to, quantities for each individual order and/or each delivery address or billing address. Sales at the Nikon Store are intended for end user purchasers only and orders known or suspected to be placed by dealers, distributors or other resellers will be rejected or canceled. By submitting an order to the Nikon Store, Customer agrees that Customer is not purchasing Products and/or Software for resale.
9. Nikon reserves the right at any time and without prior notice to change Nikon Store prices and charges and these Terms and Conditions. Nikon further reserves the right without prior notice to discontinue the sale of any Products or Software and to change any Products and Product specifications or Software and Software specifications.
10. All deliveries of Products or Software ordered from the Nikon Store are subject to the Nikon Store Shipping Policy, which is incorporated by reference in these Terms and Conditions. Please see the Nikon Store Shipping Policy for information concerning delivery of Products and Software ordered from the Nikon Store.
11. All sales of Products or Software by the Nikon Store are subject to the Nikon Store Return Policy, which is incorporated by reference in these Terms and Conditions. Please see the Nikon Store Return Policy for information concerning Product and Software returns and limitations.
12. All use of the Nikon Store website is subject to the Nikon Terms and Conditions of Use for Nikon websites, which are incorporated by reference in these Terms and Conditions. Please see the Nikon Terms and Conditions of Use for Nikon websites for information concerning the use of the Nikon Store website.
13. ALL NIKON PRODUCTS INCLUDE A NIKON USA LIMITED WARRANTY. EXCEPT AND TO THE EXTENT SET FORTH IN NIKON’S WARRANTY CARD SHIPPED WITH PRODUCTS OR IN THE CASE OF SOFTWARE, SET FORTH IN THE SOFTWARE LICENSE AGREEMENT FOR THAT SOFTWARE, NIKON SPECIFICALLY DISCLAIMS AND IN NO EVENT SHALL NIKON BE LIABLE FOR ANY WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL NIKON BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES, OR EXPENSES OF ANY KIND RESULTING FROM PRODUCT OR SOFTWARE INCLUDING BUT NOT LIMITED TO SOFTWARE MEDIA, HOWEVER CAUSED, OR FOR ANY REASON WHATSOEVER, EVEN IF NIKON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. NIKON’S WARRANTIES APPLY ONLY TO PRODUCTS AND SOFTWARE INCLUDING BUT NOT LIMITED TO SOFTWARE MEDIA WHICH HAS NOT BEEN MODIFIED OR ALTERED IN ANY WAY. IN NO EVENT SHALL NIKON BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
14. The failure to enforce at any time any of the provisions of these Terms and Conditions shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of these Terms and Conditions or the right thereafter to enforce one or more of the provisions thereof.
15. These Terms and Conditions, including but not limited to, the Store Policies incorporated by reference herein constitute the entire agreement between Nikon and Customer superseding all prior agreements, if any, in connection with the sale of Products or Software. Neither these Terms and Conditions nor any provisions hereof may be modified, waived, amended, supplemented or discharged except by a document in writing signed by Nikon.
16. THESE TERMS AND CONDITIONS AND ANY PURCHASES OF PRODUCTS AND/OR SOFTWARE THROUGH THE NIKON STORE ARE GOVERNED BY AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS AND ANY PURCHASES OF PRODUCTS AND/OR SOFTWARE THROUGH THE NIKON STORE, OR THE BREACH OR TERMINATION THEREOF, SHALL BE FINALLY DETERMINED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ARBITRATION SHALL BE CONDUCTED IN NEW YORK CITY UNLESS THE PARTIES AGREE IN WRITING OTHERWISE. ANY AWARD, ORDER OR JUDGMENT RENDERED PURSUANT TO SUCH ARBITRATION SHALL BE FINAL, SHALL INCLUDE THE REASONABLE ATTORNEYS' FEES OF THE PREVAILING PARTY, SHALL NOT INCLUDE PUNITIVE DAMAGES AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. EACH PARTY AGREES TO SUBMIT TO THE JURISDICTION OF ANY COURT SITTING IN NEW YORK STATE FOR PURPOSES OF THE ENFORCEMENT OF ANY SUCH AWARD, ORDER OR JUDGMENT.
17. If any of the provisions of these terms and conditions shall be determined to be invalid for any reason, the remaining provisions shall not thereby be invalidated and such remaining provisions shall to the extent practicable remain in full force and effect.
18. CUSTOMER SHALL NOT, DIRECTLY OR INDIRECTLY, TRANSMIT, DELIVER, SEND OR EXPORT ANY PRODUCTS AND/OR SOFTWARE TO ANY FOREIGN COUNTRY IN VIOLATION OF ANY OF THE UNITED STATES EXPORT CONTROL LAWS OR REGULATIONS.
19. The terms “sale” (in any tense or form), and “purchase” (in any tense or form) whenever used in these Terms and Conditions shall mean “license” in the case of Software.