These Terms and Conditions (Gift Card Terms) form the agreement between the customer (you and your) and Nikon Australia Pty Ltd ABN 34 121 761 537 (Nikon, we, us and our) in relation to the purchase, use and redemption of a Gift Card. These Gift Card Terms should be read in conjunction with our Website and Store Terms and Conditions together with our Website Policies.
Before purchasing or using a Gift Card, you must read these Gift Card Terms carefully. If you do not agree to these Gift Card Terms, you must not purchase a Gift Card, or use or redeem a Gift Card. Purchasing or using a Gift Card, or making a transaction enquiry or exercising any right to redeem value loaded on a Gift Card, constitutes your acceptance of these Gift Card Terms.
If you are giving a Gift Card to another person, you should ensure that they are aware of the Gift Card Terms. If you do not understand these Gift Card Terms or if you have any questions, please contact our Customer Service Centre on 1300 401 200 (open on Business Days from 9am – 5pm) or email us at email@example.com and one of our representatives will be happy to assist you.
You should BE AWARE OF SEVERAL key terms
This summary is designed to assist you by disclosing certain terms that may affect you. However, it is not a substitute for reading and understanding the Gift Card Terms, and it is not intended to substitute, expand or amend the Gift Card Terms. Please contact us if you have any questions.
· Validity period: Gift Cards may only be redeemed within 3 years after the date of issue.
· Limitations on use: Gift Cards cannot be used to purchase other Gift Cards or Nikon subscription products or services.
· Limitation of liability: To the extent permitted by law:
o we exclude all responsibility and liability arising from or in connection with a Gift Card, these Gift Card Terms, your use of the Website or any failure to redeem the Gift Card within the validity period; and
o if you are buying goods or services that are not a kind ordinarily acquired for personal, domestic or household use or consumption, we limit our liability for a failure to comply with any Consumer Guarantee under the Australian Consumer Law to, at our option:
· for goods – repairing or replacing the goods or paying the cost of having those goods repaired or replaced; and
· for services – re-supplying the services or paying the cost of having the services re-supplied.
1.1 Australian Consumer Law has the meaning given in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time.
1.2 Consumer has the meaning given in section 3 of the Australian Consumer Law.
1.3 Gift Card means the Nikon eGift Card issued in electronic form as described in these Gift Card Terms.
1.4 Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning.
1.6 Returns Policy means our returns policy, as amended from time to time and published on our Website accessible using the address https://www.nikon.com.au/returns (or any replacement web page from time to time).
1.7 Validity Period means the period from the date of issue of the Gift Card to 3 years after the date of issue.
1.8 Website means our Nikon Store website (which can be found at www.nikon.com.au or any replacement web page from time to time).
1.9 Website and Store Terms means the terms and conditions governing the use of our Website and the ordering, purchase and delivery of products available for purchase on the Website, as amended from time to time and published on our Website accessible using the address https://www.nikon.com.au/terms-of-sale (or any replacement web page from time to time).
2. Purchase and Use
2.1 Gift Cards may only be purchased and redeemed for goods and/or services at the Website. Gift Cards are not redeemable for goods and/or services at any location other than the Website, including at other Nikon retailers or authorised resellers.
2.2 A Gift Card can be loaded at the time of purchase with any amount between $10.00 and $1,000.00. The value of the Gift Card is inclusive of GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)) and all other government taxes unless stated otherwise.
2.3 Once purchased, the Gift Card will be delivered to the nominated recipient email address in electronic form (Confirmation Email).
2.4 Where you make a purchase that is of lesser value than the credit balance of the Gift Card, the balance will remain and may be used again for a future purchase. Where you make a purchase that exceeds the total available balance of the Gift Card, you will be required to pay the difference by other available payment method(s) in accordance with the payment terms provided for in our Website and Store Terms.
2.5 Gift Cards are non-refundable, not reloadable and cannot be redeemed for cash or other tender, or be replaced or extended after expiry, or have their value replaced after expiry. Gift Card balances cannot be consolidated to a new Gift Card.
2.6 The Gift Card cannot be used to purchase:
(a) other Gift Cards; or
(b) our subscription products or services.
2.7 You can check your Gift Card transaction history and balance by signing into your account on our Website using the address https://www.nikon.com.au/customer/account/ and accessing the Gift Card menu from the account dashboard. If you do not have an account on our Website, you can check the balance of your Gift Card in the account page of your account (Gift Cards) or by calling us on 1300 401 200 (open on Business Days from 9am – 5pm).
3.1 Gift Cards must be redeemed within the Validity Period. Expired Gift Cards are not redeemable, and Gift Card balances will not be refunded or credited on expiry. For the avoidance of doubt, Nikon is not responsible for any Loss should you fail to redeem the Gift Card within 3 years from the date of issue.
4.1 Subject to clause 4.2 and the Australian Consumer Law, Nikon's Returns Policy applies when returning goods purchased using a Gift Card. For the avoidance of doubt, clause 4.2 will prevail to the extent of any inconsistency with Nikon's Returns Policy.
4.2 Where you have made a mistake with an order and wish to cancel it, you can do so provided that it has not been shipped. If your order can be successfully cancelled, our customer service team will restore the amount deducted from the Gift Card for the cancelled order.
5. Variations to the Terms
5.1 Subject to clause 5.2, Nikon reserves the right to amend the Gift Card Terms at any time without notice to you. Your continued use of the Gift Card after any amendment becomes effective constitutes an agreement to abide and be bound by the terms as so amended.
5.2 Nikon reserves the right to change any term contained in these Gift Card Terms where the change is required:
(a) to change the minimum and maximum amounts that can be loaded on Gift Cards. If we decide to do this, we will publish details on the Website and such change will take effect from the time of publishing and will not affect Gift Cards purchased prior to that time;
(b) to comply with all relevant laws (including all forms of delegated legislation) in force from time to time, as well as the requirements or directions of any appropriate Commonwealth or State Government Departments, bodies, agencies or public authorities;
(c) for any reasonable operational, administrative, compliance or corporate governance reasons, or to prevent fraud or other unlawful, unethical or unacceptable conduct; or
(d) where Nikon, acting reasonably, considers that it will not cause detriment to the customer.
5.3 Nikon reserves the right to cancel any Gift Card for any reason at any time without any notice to you, on the condition that if Nikon elects to exercise this right, it must provide either a refund or replacement Gift Card for the remaining balance of the Gift Card.
5.4 Nikon reserves the right to rectify the balance of your Gift Card if there are reasonable grounds to believe that a clerical or accounting error has occurred.
6. Consumer Guarantees
6.1 Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees).
6.2 If, under these Gift Card Terms, you acquire goods or services as a Consumer:
(a) that are a kind ordinarily acquired for personal, domestic or household use or consumption (PDH Good or Services), the operation of the Consumer Guarantees cannot be, and are not in these Gift Card Terms, excluded, restricted or modified; or
(b) that are not PDH Good or Services, we limit our liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to, at our option:
(i) in the case of goods, repairing or replacing the goods or paying the cost of having those goods repaired or replaced; and
(ii) in the case of services, re-supplying the services or paying the cost of having the services re-supplied.
6.3 We do not exclude or limit the operation of the Consumer Guarantees under any other provision of these Gift Card Terms or in any other manner and you agree it is fair and reasonable in all the circumstances for our liability to be so limited.
7. Exclusion and limitation of liability
7.1 You are responsible for the use and safety of your Gift Card, and are liable for all transactions made on your Gift Card except where there has been fraud or wilful misconduct by Nikon or any of its employees. Gift Cards are to be treated like physical cash – to the extent that Gift Cards are lost or stolen, they will not be replaced, refunded or redeemed by Nikon.
7.2 To the extent permitted by law and subject to clauses 6 and 7.3, we exclude all responsibility and liability arising from or in connection with a Gift Card, these Gift Card Terms or your use of the Website, including, without limitation:
(a) any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses;
(b) any Loss or corruption of, or other damage to, data, interference with or damage to your computer or any interruption, delay or failure in the Website; and
(c) any other Losses.
7.3 To the extent permitted by law, we exclude from these Gift Card Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation including the Australian Consumer Law, the exclusion of which would contravene legislation or cause part or all of these Gift Card Terms to be void). Any liability we have to you will be reduced by the extent (if any) to which you caused or contributed to the Loss.
9.1 Severability – If any part of these Gift Card Terms is found to be void, invalid, unlawful or unenforceable, that provision is deemed to be ineffective only to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions. The remaining Gift Card Terms remain in force and constitute a binding agreement between you and us.
9.2 Relationship between the parties – Nothing in these Gift Card Terms constitutes the parties as partners or joint venturers or agents for the other party or give rise to any other form of fiduciary relationship between the parties.
9.3 No waiver – We do not waive a right, power or remedy in connection with these Gift Card Terms if we fail to exercise or delay in exercising the right, power or remedy.
9.4 Entire agreement – These Gift Card Terms, including any additional terms or policies which may be applicable to you, contain the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is deemed superseded by these Gift Card Terms and has no further effect.
9.5 Force majeure – To the extent permitted by applicable law and subject to clause 6, we will not be liable to you for any failure to fulfil, or delay in fulfilling, our obligations caused by circumstances outside of our reasonable control.
9.6 Governing law – These Gift Card Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts having appeal from them.
9.7 Dispute resolution – If you have any issue arising out of these Gift Card Terms or in relation to the Gift Cards, you agree to notify us in writing and use reasonable endeavours to resolve the matter through discussions or correspondence with us before commencing any court or tribunal proceedings.
9.8 Interpretation – In case of any conflict or inconsistency between any provision of these Gift Card Terms and any provision of any Website Policy, the provisions of these Gift Card Terms prevail over the provisions of the Website Policies.