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PHOTO BY FUJIFILM LOAN TERMS AND CONDITIONS

  1. PROMOTER
  • FUJIFILM (UK) Ltd. of Fujifilm House, Whitbread Way, Bedford, MK42 0ZE (“FUJIFILM UK Limited” or “FUJIFILM”) is the Promoter of this promotion. 4Fill Europe LTD (herein after referred to as “4FILL”) of Unit 5, Wellbrook Farm, Berkeley Road, Mayfield, East Sussex, TN20 6EH are administering this promotion on behalf Fujifilm.
  1. PROMOTIONAL PERIOD AND PARTICIPANTS
  • This promotion is only available for residents of Great Britain on Promotional Products ordered through the Participant’s Photo By Fujifilm Loan account via  https://loan.photobyfujifilm.co.uk that commences between 00:00 on 1st September 2023 and 23:59 on 31st January 2025 (“Promotional Loan Period”). All other products are excluded.
  1. HOW TO PARTICIPATE
  • To participate in this Promotion, Participants will need to create a Photo By Fujifilm Loan Account and book a Promotional Product from https://loan.photobyfujifilm.co.uk such registration and loan will be subject to 4Fill’s Terms of Use and Privacy Policy and FUJIFILM accepts no liability in respect of your use of 4Fill’s services.
  • All Participants must be aged 18 or over and must be resident in UK (“Participant”).
  • By Participating in this promotion, you are deemed to have agreed to be bound by these terms and conditions.
  • During the Promotional Loan Period subject to these Terms and Conditions. Any loan of any of the Promotional Product(s) will be subject to payment of a fully refundable deposit in accordance with the Terms of Use which will vary depending on the value of the Promotional Product(s).
  • If the Participant wants to evaluate the Promotional Product for longer than the free 48 hours, the first 48 hours only will be free, and any additional period will be chargeable at the normal rate in accordance with 4Fill’s Terms of Use, up to a maximum of 7 days.
  • Loan of the Promotional Products are subject to availability. FUJIFILM UK Limited will not be liable for the failure by 4Fill to hire out Promotional Products.
  • 4Fill will not process any loan requests within the promotional offer received after the promotion closing date. 4Fill will not process a loan request which is in its opinion incomplete or be responsible for any loaned product being delayed or not successfully received.
  • Only one free 48-hour loan per Promotional Product per person may be made.
  • Individuals are limited to trialling a maximum of 5 Promotional Products per calendar year
  • For the free 48-hour booking, the Promotional Product will be delivered to the Participant’s chosen retailer by 4Fill free of charge by midday the day before the confirmed 48-hour loan period and collected from the Participant’s chosen retailer the day after the 48-hour period unless stated otherwise at the time the booking is being made.
  • Orders must be placed before 2pm to ensure next day delivery. Any booking made for a Saturday or Sunday will be delivered on Friday and collected on Monday. Deliveries and collections are not available on weekends and GB public holidays.
  • Delivery within the usual timescales above cannot be guaranteed to remote locations and next day delivery cannot be provided due to limited courier availability in some areas. Items may take up to 72hrs to deliver but where reasonably possible we will endeavour to move the dispatch date forward. 
  1. DISCLAIMERS
  • To the fullest extent permitted by law, FUJIFILM shall not be liable for any loss, damage or injury of any nature howsoever caused, sustained by you under this promotion. However, nothing in these rules shall have the effect of excluding or restricting FUJIFILM’s liability for personal injury or death caused by the proven negligence of FUJIFILM’s employees or agents.
  • In exceptional circumstances, FUJIFILM reserves the right to void, amend, and/or change this promotion at any time without incurring any liability whatsoever provided that such changes are necessary and can be justified by objective reasons. FUJIFILM reserves the right to audit any claims to ensure compliance with these terms and conditions and to request additional information and supporting documents. FUJIFILM reserves the right to exclude claims and/or you if it suspects that the promotion is being abused in any way. FUJIFILM’s decisions in relation to the promotion are final and no correspondence will be entered into.
  • If any part of these terms and conditions is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful, or unenforceable, then such part shall be severed from the remainder of these conditions, which shall continue to be valid to the fullest extent permitted by law. 
  1. DATA
  • Any personal data submitted to us will be processed by FUJIFILM UK Limited, its agents or associated group companies for the purpose of administering this promotion and, if applicable, for marketing purposes – in cases when you have opted-in to receive marketing communication from FUJIFILM. For further details of how we use your data, including when you opt-in for marketing purposes, please see our Consumer Privacy Policy - https://photobyfujifilm.co.uk/privacy-policy
  • If you do not wish for your contact information to be used for marketing purposes or to enable FUJIFILM to contact you in future regarding similar promotions, you should NOT check the relevant “opt-in” box when completing the claim form.
  • The personal data provided is held securely and may be transferred on a secure server outside the UK and EEA. For further details on how we protect your information please see our Consumer Privacy Policy – https://photobyfujifilm.co.uk/privacy-policy
  1. LAW AND JURISDICTION
  • These terms and conditions and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and will be subject to the non-exclusive jurisdiction of the English courts.
  1. WEBSITE INFORMATION
  • The Photo by Fujifilm Loan website is operated by 4Fill Europe Limited (“we/us”). We are registered in England and Wales under company number 13178650 and have our registered office at Unit 5, Wellbrook Farm, Berkeley Road, Mayfield, England, TN20 6EH.
  1. ACCESSING OUR SITES
  • Access to our sites is permitted on a temporary basis, and we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services we provide on our sites (in whole or in part) with or without notice. We will not be liable to you or any third party if for any reason either our site is unavailable at any time or for any period or for any modification, suspension, or discontinuance of such services.
  1. TERMS OF LOAN
  • Photo By Fujifilm Loan is a service designed to give individuals the opportunity to evaluate equipment to inform and enable a prospective purchasing decision. Photo By Fujifilm Loan is not to be used to supplement equipment for paid for and/or commercial work, or where there is no intention or consideration of a purchase in the near future. 4Fill reserves the right to refuse orders, exclude claims and or participants if it is not satisfied with the information provided, or believes the service is not being used within the spirit it is intended.
  1. EQUIPMENT
  • The equipment and accessories on hire shall remain the absolute property of 4Fill and/or the manufacturer and the Participant has no right, title, or interest in the equipment, except that it is hired to the Participant for an agreed period, with the Participant accepting responsibility for the safekeeping of the equipment whilst in their possession. The equipment must be returned by the Participant in the condition in which it was received and in good working order.
  • All equipment and accessories are checked prior to dispatch and are listed on the Equipment Report. It is the responsibility of the Participant to check upon receipt of the equipment that it is in good working order and in an undamaged condition.
  • Upon receipt the Equipment shall be examined and checked by the Participant before being taken into use and, if found to be defective or deficient, will be replaced or defects or deficiencies remedied by the Company without additional charge. The Participant will be held liable for any missing Equipment, defects or deficiencies in the Equipment not noted on the condition report or checklist, unless the Participant has notified the Company in writing before 4pm on the day of collection by the Participant from a Click and Collect location.
  • It is a condition of loan that the Participant declares the purpose of hiring the equipment and where it will be used, this is to prevent unacceptable risks being taken with the equipment provided. 4Fill reserves the right to decline a request to hire if it is not satisfied with the declared purpose of the hire. It is therefore more likely for the Participant to be able to trial the equipment if as much detail as possible regarding the equipment’s use is provided.
  • The Participant shall not assign, transfer or otherwise part with possession of the equipment during the period of hire without prior written consent of 4Fill. The Participant will permit 4Fill at all reasonable times to inspect the equipment including procuring access to any premises where the goods are located.
  • Any intention to take the equipment outside of the UK must be notified in writing to prior to commencement of the hire and proof of return documentation would need to be provided. 4Fill reserves the right to decline hire for any overseas use.
  • The Participant shall not permit the Equipment to be used on any abnormal or hazardous assignment, taken out of the United Kingdom, or taken from the ground other than on a regular scheduled flight by an airline recognised by I.A.T.A. without the prior written consent of the Company.
  • The Participant shall take adequate and proper measures to protect the equipment from theft, damage, and other risks. The Participant shall not permit the equipment to be used for any abnormal or hazardous assignments without the prior written consent of 4Fill. The Participant shall notify 4Fill of any change of address, and upon 4Fill’s request provide details of the location of the equipment.
  • 4Fill will not be liable in respect of any loss or damage caused by or resulting from any variation for whatever reason in the manufacturer’s specifications or technical data and will not be responsible for any loss or damage resulting from curtailment or cessation of supply following such variation. 
  1. DELIVERY
  • The Equipment shall be delivered and collected from the selected retailer at such a time and place as shall be mutually agreed between 4Fill and the Participant and as specified on the Order Confirmation.
  • The Company shall use reasonable endeavours to comply with any time schedules but shall not be liable in any circumstances to the Participant for any liability claim or proceeding in respect of any loss or damage arising whether by reason of negligence or otherwise including without limitation non delivery of Equipment by a specific time or date or within a specified time from receipt of Order.
  • 4Fill will only deliver to the address of the selected retailer.
  • When delivering Equipment, Carriers may not ask for a signature at point of delivery as GPS tracking will be considered as evidence of a successful delivery, in some circumstances the Carrier may attempt to take a photograph of the consignment (which will not identify a person but may capture minor details of the background to show the location of the consignment as evidence of delivery having taken place).
  • The Company shall not be liable in respect of any consignment delivered to the delivery address where any person misrepresents their authority to receive the consignment on the Participant behalf; or where the Carrier is delivering it in accordance with instructions from or purporting to be the Participant.
  • Where the Participant uses facilities offered by the Carrier to divert any part of a delivery to a different address or location, responsibility for the Equipment shall pass to the Participant immediately. 
  1. COLLECTION
  • The Equipment will be available for collection from the chosen retailer after 1pm on the date specified in the Order Confirmation and during the Company's normal business hours. Please note, the Participant will be required to present a valid Photo ID (passport or driving license) before the equipment will be released.
  • If the Participant does not collect the Equipment from the Click and Collect location on the date specified, the Company shall continue to make the Equipment available for collection during normal business hours on each business day until the end of the Loan Period. No adjustment to the Loan Period or any Hire Charges shall be occasioned by such late collection or non-collection.
  • All Equipment shall, immediately upon leaving the Company’s (or as the case may be a third party’s) premises and thereafter, be the responsibility of and at the risk of the Participant, though for the avoidance of doubt, property in the Equipment shall remain at all times with the Company notwithstanding that the Participant shall be liable for any theft, loss, damage, or destruction howsoever caused to the Equipment. 
  1. RETURNING EQUIPMENT 
  • The Participant must return the equipment as delivered using the appropriate packaging securely sealed. The Participant shall be liable to 4Fill for any loss of or damage to the equipment in transit resulting from failure to repackage as per these instructions. 
  • Where the equipment is not returned to 4Fill immediately following the end of the Hire Period and the Participant has failed to either contact 4Fill and explain the circumstances, or negotiate an extension to the agreed Hire Period (and 4Fill has provided written confirmation of said extension), 4Fill will conduct an investigation and may inform the Police and report the equipment as stolen and will take steps to recover the equipment including, but not limited to, charging the Participant’s credit or debit card for the full price of replacement equipment. 
  1. DROP BACK 
  • Goods must be returned to the Click and Collect point before 11am. If the Equipment is not returned before 11am and misses the Carrier collection, the Participant will be charged a failed collection fee of £25 +VAT and will be charged for the extension of hire. In the event Equipment is not returned within 24 hours of the collection date and not withstanding Carrier delays, the Participant will be charged a fee equal to a full day’s commercial rental for each day the Equipment remains unreturned. 
  • The Participant shall remain fully responsible for the Equipment until it is signed for by a member of staff at the agreed click and collect location. 
  1. LOSS OR DAMAGE TO EQUIPMENT 
  • The Participant shall be responsible for the safe keeping of the equipment throughout the loan period and shall be liable to 4Fill for all loss of or damage to the equipment howsoever caused. 
  • The Equipment should be returned in the same condition as it was at the start of the hire period, fair wear and tear excepted (see website for details).
  • The Participant shall not remove any labels from and/or interfere with the equipment or make any permanent modifications to it. The Participant will only use the equipment in a safe and correct manner in accordance with the operating manual.
  • The Participant will notify 4Fill of any loss or damage to any equipment on loan immediately, and where theft has occurred, the police should be informed and a crime reference number provided to 4Fill without unnecessary delay.
  • The Participant shall not carry out or attempt to carry out any repairs to damaged equipment or Firmware updates without the prior written permission of 4Fill. The Participant shall pay 4Fill all costs for repairs to damaged equipment. The Participant shall pay to 4Fill the full cost of replacing any lost equipment, or any equipment, which in the reasonable opinion of the Company is uneconomic to repair, with new equipment of the same or similar specification to that equipment which has been lost or damaged. An administration fee of £25 will be added to each missing part or damaged item. The Participant shall also be liable for any loss of commercial rental income resulting from such loss or damage or for the period it takes to effect repairs, up to and including the replacement value of the equipment.
  • Where equipment is returned with missing components, the Participant shall ensure that said components are returned to 4Fill by either Royal Mail Special Delivery or an approved carrier service within 72 hrs of being notified. If the components are not returned by this time and no agreement has been made in writing between 4Fill and the Participant, all monies owed for replacing said components will become immediately due and taken automatically from the deposit or will be debited from the Participant’s card. This includes but is not limited to batteries, memory cards, cases and other ancillary items connected with the equipment.
  • 4Fill recommends at all times the Participant uses memory cards tested and supplied by 4Fill where provided. In the event of any damage to 4Fill‘s equipment relating to use of memory cards not supplied by 4Fill, the Participant shall be liable for damage to equipment. 4Fill assumes no responsibility for damage or liability of any kind resulting from the use of the equipment. All digital sensors are inspected and, where necessary, cleaned before dispatch of equipment. 4Fill assumes no responsibility for dust attracted to the chip after dispatch
  • Should Equipment be returned in a state that requires cleaning to restore them to the condition they were provided at the start of the hire period, an administration fee of £25 + VAT will be added for each 30 minute period required. 
  1. INSURANCE 
  • If 4Fill requires you to hold insurance, you must prove to us that insurance is in place and 4Fill must be satisfied with said cover prior to commencement of the hire. Where 4Fill is not satisfied with said cover, 4Fill reserves the right to cancel the loan until such time as sufficient cover is in place and 4Fill is satisfied.
  • 4Fill will investigate all losses of whatever value thoroughly, notifying the manufacturer in all instances. Where the loss is suspected to be by theft, the Participant has an obligation to report the loss to the police and to obtain a crime reference number without unnecessary delay. Please note, you remain liable for up to the full value of the equipment and we will take whatever action necessary to recover any costs. 
  1. RESERVATIONS
  • Making an enquiry either by telephone, email or in person, does not constitute a booking. An Order is deemed to have been placed when you receive an Order confirmation email and at such time becomes binding subject to the cancellation policy.
  • By placing an order, you confirm that you are over 18 years old and have read and understood these terms and conditions and agree to be bound by them and to comply with all applicable laws, rules, and regulations.
  • The Company reserves the right to refuse the acceptance of any Order without assigning any reason for such refusal.
  • Upon booking of the equipment, 4Fill shall charge the full hire fee (where applicable), including all charges to the debit/credit card as given by the Participant. Where 4Fill is protected by consumer protection law, they shall have the right up to 14 workings days after that booking to a refund where written notice of cancellation has been received.
  • Where the equipment, for reasons outside the Company’s control, ceases to be available for the duration of the hire period, 4Fill shall inform the Participant as soon as is practically possible. In such an event, 4Fill will endeavour to provide suitable replacement equipment. Where such equipment is not available to fulfil all or part of that order, the Participant can cancel all or part of the order and receive a full or part refund as applicable or re-schedule all or part of the order at no extra charge.
  • To ensure the equipment arrives on the chosen date of loan, where possible 4Fill shall dispatch all orders to arrive the day before the chosen date of loan. In the event of carrier misrouting or error, 4Fill will endeavour to deliver the equipment before 12pm on the chosen date of loan. Any times quoted for delivery by 4Fill are to be treated as an estimate, and the Participant acknowledges that delivery may be postponed due to circumstances outside the direct control of 4Fill. In such event, 4Fill shall not be liable for any damages, compensation, or penalty. 
  1. DEPOSIT
  • The Participant will be required to leave a deposit before 4Fill will dispatch any equipment. The amount of deposit will be quoted on-line at the time of booking. The deposit will be secured either at the time of booking or 7 days before the date of dispatch, whichever is closest to the day of dispatch. In the event of the funds not being paid and 4Fill not being able to contact the Participant, the reservation will be cancelled. 4Fill will release the deposit as soon as practicable once the equipment has returned and the Company is satisfied all equipment is complete and undamaged. Most banks need a little time to process refunds please allow up to 8 working days for the deposit to clear into the Participant’s bank.
  1. PAYMENT
  • Payment of any monies payable in respect of any agreement between the Participant and 4Fill shall be made before any equipment is dispatched. 4Fill shall be entitled to receive full payment of the hire charges from the Participant on receipt of the order.
  • The Participant shall pay all sums due to 4Fill under this contract without any setoff, deduction, counterclaim and/or any other withholding of monies. 4Fill reserves the right to charge the Participant’s credit or debit card to the full value of the equipment in the event the Participant is considered to be in breach of these Terms & Conditions.
  • 4Fill reserves the right to amend prices at any time and without prior notice. Orders are fulfilled on the understanding that prices charged are those current at the time of dispatch.
  • All prices are exclusive of Value Added Tax and any similar taxes. All such taxes are payable by the Participant and will be supplied in accordance with UK legislation in force at the tax point date. 
  1. CANCELLATION POLICY
  • 4Fill reserve the right to levy a £25 administration charge for any order cancelled by the Participant up until 2 working days before the date of dispatch of the order, after this the Participant shall be liable to pay either a cancellation charge equal to half the agreed hire charge or a £25 administration charge, and whichever sum is greater.
  • If the Participant cancels the order within 1 working day of the dispatch date, the Participant shall be liable to pay to the Company either a cancellation charge equal to the full hire charge or, a £25 administration charge, and whichever sum is greater.
  • Where the Customer is such that the hire would be subject to the provisions of the Consumer Protection (Distance Selling) Regulations 2000, the Customer shall have the right to cancel the order by written notice up to 14 working days after confirmation of that order. By accepting delivery of the equipment ordered, defects or deficiencies notwithstanding, the customer agrees to pay the hire and courier charges for said equipment.
  • Any request by the Participant for cancellation of any order or for the re-scheduling of any deliveries will only be considered if made at least 72 hours before dispatch. This shall be subject to acceptance by 4Fill and who reserve the right to levy a reasonable administration charge for cancelled orders. 
  1. INDEMNITY
  • The Participant shall at all times fully indemnify 4Fill, its employees, servants and agents against all actions, costs, claims, demands, proceedings, or liabilities arising from or in conjunction with equipment, materials or any other services supplied to the Participant by 4Fill.
  1. TERMINATION
  • You agree that we, in our sole discretion, may terminate your use of the services we provide on our sites and remove and discard any Content within such services, for any reason including, without limitation, if we believe that you have breached or acted inconsistently with the letter or spirit of these terms of use. We may also, in our sole discretion and at any time, discontinue providing such services (in whole or in part), with or without notice.
  • You agree that any termination of your access to such services under any provision of these terms of use may be affected without prior notice. Further, you agree that we shall not be liable to you or any third party for any termination of your access to such services. 
  1. GENERAL INFORMATION
  • These terms of use (including the Rules and other policies) constitute the entire agreement between you and us and govern your use of our site and the services provided, superseding any prior agreements between you and us. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
  • The English courts will have exclusive jurisdiction over any claim arising from, or related to, our site and the services provided although we retain the right to bring proceedings against you for breach of these terms of use in your country of residence or any other relevant country.
  • Any failure by us to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision.
  • If any provision of these terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these terms of use shall remain in full force and effect.
  • Neither you nor we may assign or transfer any rights or obligations under these terms of use without the prior written consent of the other party, except that we shall be entitled to assign or transfer any or all of our rights and obligations (without your prior consent) to any of our fellow group companies.
  • Any telephone calls between the Company and the Participant may be recorded, in which case the recordings will be accepted by the Participant as evidence of the instructions or communications recorded. The Participant, by accepting these terms and conditions, acknowledges, and accepts that evidence of any such recordings may be referred to by the Company in respect of any dispute or difference between the parties.
  • The section titles in these terms of use are for convenience only and have no legal or contractual effect.  
  1. VARIATIONS
  • We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
  1. CONFIRMATION
  • The Participant confirms that all details given in their application to loan the Company’s Equipment are true and complete. They also confirm they have read and retained a set of the Terms and Conditions governing the Agreement.

 

 

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