Nikon Americas USA

Terms and Conditions of Sale

NIKON INC. TERMS AND CONDITIONS OF SALE FOR

NIKON PRODUCTS, SOFTWARE AND TICKETS

UPDATED: April 29, 2016

1. TERMS AND CONDITIONS OF SALE FOR PRODUCTS AND SOFTWARE
2. TERMS AND CONDITIONS OF SALE FOR TICKETS
3. GOVERNING LAW
4. DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER
5. LIMITED TIME TO FILE CLAIMS
6. ENFORCEABILITY, ENTIRE AGREEMENT, AND NO WAIVER
7. CONSUMER PROTECTION NOTICE; EXCLUSIONS AND LIMITATIONS;

These Terms and Conditions of Sale for Nikon Products, Software and Tickets  (“Terms and Conditions of Sale”) apply to the purchase of Nikon products (“Products”), software (“Software”) and Nikon School Event tickets (“Tickets”) from the Nikon Inc. (“Nikon” "we", "our" or "us") online store (“Nikon Store”).

BY SUBMITTING AN ORDER TO THE NIKON STORE FOR THE PURCHASE OF PRODUCTS, SOFTWARE OR TICKETS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF SALE.

Nikon reserves the right at its sole discretion, to change, revise, add to, remove from and otherwise edit these Terms and Conditions of Sale, at any time by updating this posting. Any removal of and/or changes, revisions or additions to these Terms and Conditions of Sale are effective at the time they are posted. For this reason it is your responsibility and Nikon encourages you to check these Terms and Conditions of Sale each time you make a purchase from the Nikon Store.

1. TERMS AND CONDITIONS OF SALE FOR PRODUCTS AND SOFTWARE

A.    All orders for Products or Software from the Nikon Store are subject to Nikon’s approval and acceptance, and Nikon reserves the right to reject any order, in whole or in part, at Nikon’s sole discretion at any time before shipment. 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.

B.    The Nikon Store will confirm your 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, if applicable) and shipping information, such as shipping address and signature required, if applicable, and estimated arrival. Notwithstanding the foregoing, your order shall not be deemed accepted by Nikon until Nikon’s shipment of the Products or delivery of the Software ordered. You should call Nikon’s customer support at the number listed on the confirmation email if any of the items listed are incorrect.

C.    You 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, you cannot cancel your order. 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 you of any canceled order by email.

D.    The Nikon Store will send an email advising that your 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.

E.    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 your  order total and are your responsibility.

F.    Payment for orders may be made by credit card or PayPal. The Nikon Store accepts VISA, American Express, Discover Card and MasterCard. The Nikon Store will receive payment authorization at the time the order is placed, and the credit card account will be charged at the time the order is shipped. PayPal will be charged at the time the order is placed. For backorder and preorder items, your credit card will be charged when the order is shipped, and PayPal will not be accepted as a method of payment for backorder and preorder items.

G.    Software purchases that are deliverable by “download” are not returnable, and may require that you already have 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 you a “key”, which will enable you to download the full version of the associated Software. Your purchase of the Software shall be deemed completed and final upon the Nikon Store’s emailing of the “key”.

H.    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 from 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, you agree that you are not purchasing Products and/or Software for resale.

I.    Nikon reserves the right at any time and without prior notice to change Nikon Store prices and charges, Nikon’s policies and these Terms and Conditions of Sale. 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.

J.    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 of Sale. Please see the Nikon Store Shipping Policy for information concerning delivery of Products and Software ordered from the Nikon Store.

K.    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 of Sale. Please see the Nikon Store Return Policy for information concerning Product and Software returns and limitations.

L.    Any Products and Software made available for sale from the Nikon Store are intended for sale and delivery only in the United States.  YOU AGREE NOT TO, DIRECTLY OR INDIRECTLY, USE, DOWNLOAD, TRANSMIT, DELIVER, SEND, EXPORT OR RE-EXPORT ANY PRODUCTS OR SOFTWARE PURCHASED FROM THE NIKON STORE TO ANY FOREIGN COUNTRY IN VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS INCLUDING BUT NOT LIMITED TO ANY OF THE UNITED STATES EXPORT CONTROL LAWS AND REGULATIONS.

M.    ALL NIKON PRODUCTS AND SOFTWARE PURCHASED FROM THE NIKON STORE 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. CERTAIN STATES MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  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.

PLEASE SEE CONSUMER PROTECTION NOTICE SECTION 7 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 1.M.

N.    The terms “sale” (in any tense or form), and “purchase” (in any tense or form) whenever used in these Terms and Conditions of Sale shall mean “license” in the case of Software.  

2.    TERMS AND CONDITIONS OF SALE FOR TICKETS

A. All orders for Tickets from the Nikon Store are subject to Nikon’s  approval and acceptance, and Nikon reserves the right to reject any order, in whole or in part, at Nikon’s sole discretion at any time before the Tickets are delivered. Reasons for rejections of orders include, but are not limited to, credit card rejection, a sold-out Nikon School Event (“Event”), and/or unusually large or excessive quantities of Tickets ordered.      

B. The Nikon Store will confirm your order by a confirmation email, which will confirm the Tickets ordered, order quantities, purchase price, taxes, and payment method (credit card or PayPal). Notwithstanding the foregoing, your order shall not be deemed accepted by Nikon until your receipt of the confirmation email. You should call Nikon’s customer support at the number listed on the confirmation email if any of the items listed are incorrect.     

C. Once an order for Tickets has been placed, you may only cancel such order in accordance with these Terms and Conditions of Sale. Nikon reserves the right to cancel any order, in whole or in part, at Nikon’s sole discretion.  Nikon will advise you of any canceled order by email.    

D. Prices for Tickets ordered are those in effect at the time of order, and do not include taxes, if applicable. In addition to the prices specified, the amount of any sales, use, excise or other tax applicable to the sale of the Tickets, will be added to the order total and are your responsibility.

E. Payment for orders may be made by credit card or PayPal. The Nikon Store accepts VISA, American Express, Discover and MasterCard. The Nikon Store will both obtain payment authorization and charge the credit card or PayPal account at the time the order is placed.    

F. There will be no physical delivery of Tickets, and Tickets will not be sent to you by postal mail. The Nikon Store will email your Tickets which you may print. Your purchase of Tickets shall be deemed completed and final upon the Nikon Store’s emailing of the Tickets.    

G. 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, you agree that you are not purchasing Tickets for resale.  

H. Nikon reserves the right at any time and without prior notice to change Nikon Store prices and charges, Nikon’s policies and these Terms and Conditions of Sale. Nikon further reserves the right without prior notice to discontinue the sale of any Tickets, to cancel any Event, to change the date of any Event and/or to change the location of any Event. If Nikon cancels an Event for which you have purchased Tickets, then Nikon will provide you with a refund in the amount you were charged by Nikon for such Tickets. If Nikon changes the date of an Event for which you purchased Tickets and you cannot attend on the new date, then Nikon will provide you with a refund in the amount you were charged by Nikon for such Tickets. If Nikon changes the location of an Event, you will not be entitled to a refund unless the new location is more than ten (10) miles from the original location.        

I. By submitting an order to the Nikon Store for Tickets, you agree that Nikon may share your name and/or email address with its Event sponsors and that you may receive offers or other information directly from such sponsors.

J. If after purchasing Ticket(s), you request transferring the Ticket(s) to an alternate Event, Nikon will permit one (1) such transfer provided that the alternate Event is scheduled within the same Nikon School year as the original Event (September through June). If the alternate Event Ticket(s) is a higher price, then you will be responsible to first purchase the new Ticket(s) at the higher price and provide the order identification number to Nikon by email at nikonschool@nikon.net. Once confirmed, a full refund will be issued to you for the original Ticket(s). If the alternate Event Ticket is a lower price, then Nikon will refund the difference in the price of the Ticket(s) to you. Nikon must receive a transfer request in writing at nikonschool@nikon.net at least five (5) business days prior to each of the original and the alternate Event dates. A transfer request and/or any refund (if applicable) may take up to five (5) business days for processing. Upon completion of the transfer, the original Ticket(s) will be cancelled and Ticket(s) for the alternate Event will be sent to you by email as stated above. ONCE TRANSFERRED TO AN ALTERNATE EVENT, TICKET(S) MAY NOT BE RE-TRANSFERRED. TICKET(S) THAT HAVE BEEN TRANSFERRED ARE NOT ELIGIBLE FOR CANCELLATION OR REFUND.    

K. For Tickets that have not previously been transferred to or from an Event, requests to cancel such Tickets and receive a refund (subject to the applicable cancellation fees) will be granted only in accordance with the following:      

a. 3 Hour, Evening and Full Day (7-8 hour) Events: Registration cancellations are eligible for a full refund less a $25.00 (per Ticket) transaction fee if Nikon receives a written cancellation request, that includes the transmittal email in which Nikon delivered the Tickets, at least five (5) business days prior to the scheduled Event date. THERE WILL BE NO REFUNDS AFTER THE DATE OF THE EVENT. To submit your cancellation request, please send your request by email to: nikonschool@nikon.net or by postal mail or nationally recognized courier service (such as UPS or Federal Express) to: Nikon Inc., 1300 Walt Whitman Road, Melville, NY 11747, Attention: Nikon School\CANCELLATION REQUEST.     

b. DSLR 2-Day Video Workshop Event and Portrait and Lighting 1-Day Workshop Event and Nikon Ambassador Hands-on Workshop Event: Registration cancellations are eligible for a full refund less a ten percent (10%) per Ticket transaction fee if Nikon receives a written cancellation request, that includes the transmittal email in which Nikon delivered the Tickets, at least ten (10) business days prior to the scheduled Event date. THERE WILL BE NO REFUNDS ON OR AFTER THE DATE OF THE EVENT. To submit your cancellation request, please send your request by email to: nikonschool@nikon.net or by postal mail or nationally recognized courier service (such as UPS or Federal Express) to: Nikon Inc., 1300 Walt Whitman Road, Melville, NY 11747, Attention: Nikon School\CANCELLATION REQUEST.  
 
L. NIKON MAKES NO AND SPECIFICALLY DISCLAIMS ALL WARRANTIES WHATSOEVER WITH RESPECT TO THE EVENTS, INCLUDING WITHOUT LIMITATION, THE EVENT CONTENT, ANY RESULTS, THE MATERIALS PROVIDED AT THE EVENTS, OR THAT ANY PARTICULAR TOPICS WILL BE INCLUDED IN THE EVENT CURRICULUM.  IN NO EVENT SHALL NIKON BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES, OR EXPENSES OF ANY KIND RESULTING FROM ANY EVENT, EVENT MATERIALS,  AND/OR THE PURCHASE OF TICKETS,  HOWEVER CAUSED, OR FOR ANY REASON WHATSOEVER, EVEN IF NIKON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. CERTAIN STATES MAY NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

PLEASE SEE CONSUMER PROTECTION NOTICE SECTION 7 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 2.L.

3. GOVERNING LAW

You agree that these Terms and Conditions of Sale and all matters relating to your purchase of any Products, Software or Tickets from the Nikon Store will be governed by and construed in accordance with the laws of the State of New York, and the United States, as such laws are applied to agreements entered into and to be performed entirely within New York State between New York State residents without regard to its conflict of laws principles.

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN THE CONSUMER PROTECTION NOTICE SECTION 7 BELOW.

4. DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER

You and Nikon each agree that any legal or equitable claim, controversy or dispute relating to or arising from the purchase of any Product, Software or Ticket from the Nikon Store or the interpretation, enforceability or applicability of these Terms and Conditions of Sale (collectively, a “Claim”) will be resolved as follows:

A.    INFORMAL RESOLUTION:

You and Nikon will first attempt to resolve any Claim informally. In the event that any Claim arises between you and Nikon, you or Nikon as the case may be, must send to the other a notice of Claim which indicates in writing the name, address and contact information pertaining to the Claim; the facts and any other relevant information pertaining to the Claim; and the party’s proposed resolution of the Claim. You must send any notice of Claim to Nikon as follows: Nikon Inc., 1300 Walt Whitman Road, Melville, New York 11747, Attention: Arbitration Claim/Legal Department. Nikon will send any notice of Claim to you at the contact information that Nikon has for you.  You and Nikon agree to try to promptly resolve any Claim informally. In the event a Claim is not resolved within 60 days after either you or Nikon as the case may be, receives a notice of Claim from the other, you or Nikon can request arbitration. Notwithstanding the requirement to arbitrate all Claims, you may commence an individual Claim in small claims court in lieu of arbitration.

B.     FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER:  

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION BEFORE A JUDGE OR JURY. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. In the event that you and Nikon do not resolve a Claim informally or in small claims court, the Claim shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act.

The rules in arbitration are different.  There is no judge or jury, and review is limited, but an arbitrator may award the same damages and relief to you individually as a court could, as it must honor the same limitations stated in these Terms and Conditions of Sale as a court would.  Arbitration will be conducted under the JAMS Streamlined Arbitration Rules & Procedures (referred to as the “JAMS Rules”) and under the rules set forth in these Terms and Conditions of Sale. If there is a conflict between JAMS Rules and the rules set forth in these Terms and Conditions of Sale, the rules set forth in these Terms and Conditions of Sale will govern.

If you decide to initiate arbitration, Nikon agrees to pay the arbitration initiation fee and any additional required deposit required by JAMS to initiate your arbitration. You and Nikon each agree to pay the costs of the arbitration proceeding provided however that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such amount as the JAMS Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. The Arbitration will be held at a location near your place of residence if possible, unless you and Nikon both agree to another location or to telephonic arbitration. To initiate arbitration, you or Nikon must do the following things:

(1) Write a demand for arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to:
JAMS, 620 Eighth Ave., 34th Floor, New York, NY 10018.

(3) Send one copy of the Demand for Arbitration to the other party. You should send the Demand for Arbitration to Nikon as follows: Nikon Inc., 1300 Walt Whitman Road, Melville, New York 11747, Attention: Arbitration Claim/Legal Department. Nikon will send any Demand for Arbitration to you at the contact information that Nikon has for you.

Special Rules in the arbitration proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on both of us and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither you nor Nikon shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity.  THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER.  Accordingly, you and Nikon each agree that the JAMS Class Action Procedures do not apply to any arbitration between us. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations.

5. LIMITED TIME TO FILE CLAIMS

You agree that you will assert any Claim within one (1) year after the Claim arises, or such Claim will be barred.

PLEASE SEE CONSUMER PROTECTION NOTICE SECTION 7 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 5.

6. ENFORCEABILITY, ENTIRE AGREEMENT, AND NO WAIVER

A. Enforceability

You agree that these Terms and Conditions of Sale will be enforceable by Nikon and its successors and assigns against you and your heirs, minors, successors, and assigns. You agree that if any provision within these Terms and Conditions of Sale is found to be void or unenforceable, it will not affect the validity of the balance of these Terms and Conditions of Sale, which shall remain valid and enforceable.

B. Entire Agreement

These Terms and Conditions of Sale and any additions, changes, edits and/or modifications made thereto by Nikon, together with any policies incorporated by reference herein, constitute the entire agreement between you and Nikon and supersede in their entirety any and all written or oral agreements previously existing between you and Nikon.

C. No Waiver

Neither these Terms and Conditions of Sale nor any provisions hereof may be modified, waived, amended, supplemented or discharged except by a document in writing signed by Nikon, or as otherwise permitted herein. The failure to enforce at any time any of the provisions of these Terms and Conditions of Sale 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 of Sale or the right thereafter to enforce one or more of the provisions thereof.  No waiver by either you or Nikon, whether expressed or implied, of any provision of the Terms and Conditions and any additions, changes, edits and/or modifications made by Nikon, or any breach thereof, shall constitute a continuing waiver of such provision or a waiver of any other provision of these Terms and Conditions of Sale.

7. CONSUMER PROTECTION NOTICE; EXCLUSIONS AND LIMITATIONS;

IF YOU ARE A CONSUMER, THE PROVISIONS IN THESE TERMS AND CONDITIONS OF SALE ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF YOUR STATE OF RESIDENCE.  IF YOU ARE A NEW JERSEY CONSUMER, THE TERMS OF SECTIONS 1.M, 2.L, 3 AND 5 DO NOT LIMIT OR WAIVE YOUR RIGHTS AS A CONSUMER UNDER NEW JERSEY LAW AND THE PROVISIONS IN THESE TERMS AND CONDITIONS OF SALE ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF THE STATE OF NEW JERSEY. IN ANY EVENT, NIKON RESERVES ALL RIGHTS, DEFENSES AND PERMISSIBLE LIMITATIONS UNDER THE LAW OF YOUR STATE OF RESIDENCE.  NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL MODIFY SUBSECTION 4.B. (“FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER”).