TERMS AND CONDITIONS
WELCOME TO NIGHTS ON FUJI. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF OUR WEBSITE AND THE PURCHASE OF PRODUCTS FROM OUR STORE. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. INTRODUCTION
1.1 THESE TERMS AND CONDITIONS SHALL GOVERN YOUR USE OF OUR WEBSITE.
1.2 BY USING OUR WEBSITE, YOU ACCEPT THESE TERMS AND CONDITIONS IN FULL.
1.3 IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS OR ANY PART OF THESE TERMS AND CONDITIONS, YOU MUST NOT USE OUR WEBSITE.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 UNLESS OTHERWISE STATED, WE OR OUR LICENSORS OWN THE INTELLECTUAL PROPERTY RIGHTS IN THE WEBSITE AND MATERIAL ON THE WEBSITE.
2.2 YOU MAY VIEW, DOWNLOAD FOR CACHING PURPOSES ONLY, AND PRINT PAGES FROM THE WEBSITE FOR YOUR OWN PERSONAL USE, SUBJECT TO THE RESTRICTIONS SET OUT BELOW AND ELSEWHERE IN THESE TERMS AND CONDITIONS.
3. ACCEPTABLE USE
3.1 YOU MUST NOT USE OUR WEBSITE IN ANY WAY THAT CAUSES, OR MAY CAUSE, DAMAGE TO THE WEBSITE OR IMPAIRMENT OF THE AVAILABILITY OR ACCESSIBILITY OF THE WEBSITE.
3.2 YOU MUST NOT USE OUR WEBSITE IN ANY WAY WHICH IS UNLAWFUL, ILLEGAL, FRAUDULENT, OR HARMFUL.
4. PRODUCTS
4.1 THE ADVERTISING OF PRODUCTS ON OUR WEBSITE CONSTITUTES AN "INVITATION TO TREAT" RATHER THAN A CONTRACTUAL OFFER.
4.2 PRICES FOR PRODUCTS ARE QUOTED ON OUR WEBSITE.
4.3 WE WILL TAKE ALL REASONABLE CARE TO ENSURE THAT ALL DETAILS, DESCRIPTIONS, AND PRICES OF PRODUCTS APPEARING ON THE WEBSITE ARE CORRECT AT THE TIME WHEN THE RELEVANT INFORMATION WAS ENTERED INTO THE SYSTEM.
5. ORDERS AND PAYMENTS
5.1 ALL ORDERS ARE SUBJECT TO AVAILABILITY AND CONFIRMATION OF THE ORDER PRICE.
5.2 WHEN PLACING AN ORDER, YOU UNDERTAKE THAT ALL DETAILS YOU PROVIDE TO US ARE TRUE AND ACCURATE.
5.3 PAYMENT MUST BE MADE IN FULL BEFORE DISPATCHING THE PRODUCTS.
6. DELIVERY
6.1 WE WILL DELIVER THE PRODUCTS TO THE DELIVERY ADDRESS SPECIFIED IN YOUR ORDER.
6.2 WE WILL USE REASONABLE ENDEAVOURS TO DELIVER YOUR PRODUCTS WITHIN THE SPECIFIED TIME.
6.3 IF THE PRODUCTS YOU HAVE ORDERED ARE NOT AVAILABLE, WE WILL NOTIFY YOU AS SOON AS POSSIBLE.
7. RETURNS AND REFUNDS
7.1 YOU HAVE THE RIGHT TO CANCEL YOUR ORDER WITHIN 14 DAYS WITHOUT GIVING ANY REASON.
7.2 THE CANCELLATION PERIOD WILL EXPIRE AFTER 14 DAYS FROM THE DAY ON WHICH YOU ACQUIRE, OR A THIRD PARTY OTHER THAN THE CARRIER AND INDICATED BY YOU ACQUIRES, PHYSICAL POSSESSION OF THE GOODS.
7.3 TO EXERCISE THE RIGHT TO CANCEL, YOU MUST INFORM US OF YOUR DECISION TO CANCEL BY A CLEAR STATEMENT (E.G., A LETTER SENT BY POST OR EMAIL).
7.4 IF YOU CANCEL THIS CONTRACT, WE WILL REIMBURSE TO YOU ALL PAYMENTS RECEIVED FROM YOU, INCLUDING THE COSTS OF DELIVERY (EXCEPT FOR THE SUPPLEMENTARY COSTS ARISING IF YOU CHOSE A TYPE OF DELIVERY OTHER THAN THE LEAST EXPENSIVE TYPE OF STANDARD DELIVERY OFFERED BY US).
8. LIMITATION OF LIABILITY
8.1 WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OR CANCEL THE SERVICE AT ANY TIME WITHOUT NOTICE TO YOU.
8.2 YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, EXCEPT AS EXPRESSLY STATED BY US. THIS INCLUDES ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
8.3 IN NO CASE SHALL NIGHTS ON FUJI, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE.
8.4 WE SHALL NOT BE LIABLE FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
8.5 BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9. PRIVACY AND DATA PROTECTION
9.1 WE ARE COMMITTED TO PROTECTING YOUR PRIVACY AND ENSURING THAT YOUR PERSONAL INFORMATION IS HANDLED IN A SAFE AND RESPONSIBLE MANNER. FOR MORE DETAILS, PLEASE SEE OUR PRIVACY POLICY.
9.2 BY USING OUR WEBSITE, YOU CONSENT TO THE PROCESSING OF YOUR DATA AS DESCRIBED IN THE PRIVACY POLICY.
10. GOVERNING LAW AND JURISDICTION
10.1 THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF ENGLAND AND WALES.
10.2 ANY DISPUTES RELATING TO THESE TERMS AND CONDITIONS SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF ENGLAND AND WALES.
11. CHANGES TO TERMS AND CONDITIONS
11.1 WE MAY REVISE THESE TERMS AND CONDITIONS FROM TIME TO TIME.
11.2 THE REVISED TERMS AND CONDITIONS WILL APPLY TO THE USE OF OUR WEBSITE FROM THE DATE OF PUBLICATION OF THE REVISED TERMS AND CONDITIONS ON THE WEBSITE. PLEASE CHECK THIS PAGE REGULARLY TO ENSURE YOU ARE FAMILIAR WITH THE CURRENT VERSION.
12. ENTIRE AGREEMENT
12.1 THESE TERMS AND CONDITIONS, TOGETHER WITH OUR PRIVACY POLICY, CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US IN RELATION TO YOUR USE OF OUR WEBSITE AND SUPERSEDE ALL PREVIOUS AGREEMENTS IN RESPECT OF YOUR USE OF THIS WEBSITE.