Nikon Canada Inc. Terms and Conditions of Sale for Nikon Products, Software, E-Courses and Tickets

1. Terms And Conditions Of Sale For Products, Software and/or E-Courses

1. All orders for Products, Software and/or E-Courses 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 delivery to you. Reasons for rejections of orders include, but are not limited to, credit card rejection, out-of-stock Products or Software, technical, editorial and/or typographical error by Nikon, and/or unusually large or excessive quantities of Products, Software and/or E-Courses ordered.

2. The Nikon Store will confirm your order by a confirmation email, which will confirm the Products, Software and/or E-Courses ordered, order quantities, purchase price, shipping and processing charges and taxes, payment method 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 or E-Course ordered. You should call Nikon’s customer support at the number listed on the confirmation email if any of the items listed are incorrect.

3. You can only cancel an order for Products or Software 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. You may not cancel orders for E-Courses.

4. For orders of Products or packaged Software, 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.

5. Prices for Products, Software and/or E-Courses ordered are those in effect at the time of order, and do not include taxes and shipping and processing, 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, Software and/or E-Courses, and any applicable shipping and processing charges, will be added to your order total and are your responsibility.

6. Payment for orders may be made by credit card, PayPal, Digital Wallet and for certain Products, using PayPlan by RBC financing. The Nikon Store accepts the following credit cards: VISA, Master Card, American Express and Discover Card and. The Nikon Store will obtain payment authorization and charge the method of payment at the time the order is placed. This is inclusive of all methods of payment, in stock, backorders and preorder items.

7. 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”.

8. E-Course purchases that are accessible via a Nikon-owned website or mobile application are not returnable or transferrable. There will be no physical delivery of an E-Course package or E-Course media. The Nikon Store will email you a redemption code, which will enable you to access the purchased E-Course on a Nikon-owned website until the expiration date stated for such E-Course on the Nikon Store. Your right and ability to access an E-Course ends on such expiration date for the particular E-Course. Your purchase of the E-Course shall be deemed completed and final upon the Nikon Store’s emailing of the redemption code. You may be required to register and create an account with the Nikon Store in order to access the E-Course. Once your purchase of an E-Course and any required registration is complete, Nikon grants you a limited, revocable, non-transferable, non-exclusive license to view the E-Course for personal, non-commercial purposes only, which terminates on the expiration date for such E-Course. You acknowledge and agree that the E-Courses are Nikon’s copyrighted and trademarked intellectual property, and you cannot copy or otherwise reproduce any E-Course.

9. 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, Software and/or E-Courses for resale.

10. 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, Software and/or E-Courses, and to change any Products and Product specifications or Software and Software specifications.

11. All deliveries of Products or packaged Software ordered from the Nikon Store are subject to the Nikon Store Shipping Information Statement, which is incorporated by reference in these Terms and Conditions of Sale. Please see the Nikon Store Shipping Information Statement for shipping information concerning delivery of Products and Software ordered from the Nikon Store.

12. All sales of Products, Software and/or E-Courses 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, Software and/or E-Courses returns and limitations.

13. Any Products, Software and/or E-Courses 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, Software and/or E-Courses 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.

14. All Nikon products and Software purchased from the Nikon Store include a Nikon Canada INC. 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, non-infringement, or if applicable, informational content or accuracy. 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 5 below for important limitations on the terms of this Section 1.N.

15. All E-Courses are provided “as-is,” without warranty of any kind. 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, non-infringement, or if applicable, informational content or accuracy. 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 e-course, 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.

    Please see Consumer Protection Notice Section 5 below for important limitations on the terms of this Section 1.O.

16. 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 and/or E-Courses.

17. Nikon is not responsiblefor incorrect information that is displayed on the Nikon Store as a result of interference with or malfunction of the internet or any computer equipment or Software, nor is Nikon responsible for any technical, editorial and/or typographical errors. If for any reason, at any time prior to delivery to you, the price for any Products, Software and/or E-Courses or any other charge displayed on the Nikon Store is other than that intended by Nikon, then Nikon has the right in its sole discretion to cancel any and/or all orders placed at the unintended price.

2. Terms and Conditions of Sale for Tickets

1. 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.

2. 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. 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.

3. 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.

4. 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.

5. Payment for orders may be made by credit card, PayPal or Digital Wallet. The Nikon Store accepts VISA, Master Card, American Express and Discover Card. The Nikon Store will both obtain payment authorization and charge the method of payment at the time the order is placed.

6. 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.

7. 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.

8. 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.

9. 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 [email protected]. 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 [email protected] 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.

10. 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:

    1. Event registration cancellations are eligible for a full refund less a 15% transaction fee (per Ticket) 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 [email protected].

11. The following provision does not limit section 10 of Quebec’s Consumer Protection Act, if such section is otherwise applicable. Nikon makes no and specifically disclaims all representations, warranties and conditions (whether express, implied, statutory or collateral) 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 damages (whether direct, indirect, special, punitive, exemplary, consequential or incidental), 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 provinces/territories may not allow the limitation of implied warranties or conditions or the exclusion of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

    please see the consumer protection notice in section 5 below for important limitations on the terms of this section 2.k.

    Nikon is not responsible for incorrect information that is displayed on the Nikon Store as a result of interference with or malfunction of the internet or any computer equipment or software, nor is Nikon responsible for any technical, editorial and/or typographical errors. If for any reason, at any time prior to delivery to you, the price for any Tickets or any other charge displayed on the Nikon Store is other than that intended by Nikon, then Nikon has the right in its sole discretion to cancel any and/or all orders placed at the unintended price.

3. Governing Law and Venue

Unless restricted or prohibited by law, you agree that these Terms and Conditions of Sale and all matters relating to your purchase of any Products, Software, E-Course or Tickets from the Nikon Store will be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada (and in the case of use of the Website in Quebec by residents of Quebec, by the laws of Quebec and the applicable federal laws of Canada) applicable therein. Any dispute between you and Nikon or any other person arising from, connected with or relating to this Terms and Conditions of Sale, or any related matters (collectively "Disputes") will be resolved before the Courts of Ontario, sitting in the City of Toronto (and in the case of use of the Website in Quebec by residents of Quebec, before the Courts of Quebec, sitting in the City of Montreal), and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.

If you are a consumer, however, this provision shall not be construed to limit your rights under consumer protection laws of your province/territory of residence as set forth in the consumer protection notice in section 5 below.

4. Enforceability, Entire Agreement, and No Waiver

1. Enforceability:

   You agree that these Terms and Conditions of Sale will be enforceable by us and our 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.

2. Entire Agreement:

   These Terms and Conditions of Sale, the policies and documents referenced herein and any additions, changes, edits and/or revisions made thereto by Nikon 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.

3. 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 these Terms and Conditions of Sale 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.

5. 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 province/territory of residence. These Terms and Conditions of Sale apply to the maximum extent permitted by applicable law, and unless restricted or prohibited by law. Where any term of these Terms and Conditions of Sale is restricted or prohibited by applicable law, such term shall be null and void, but the remainder of these Terms and Conditions of Sale shall remain in effect. In any event, Nikon reserves all rights, defenses and permissible limitations under the law of your province/territory of residence.