Terms and Conditions of Purchase
In this policy references to ‘Yamaha’ or ‘us’ or ‘we’ or ‘our’ means Yamaha Motor New Zealand Limited. This policy applies to all purchases made in-store and online through the Yamaha Web Shop.
These terms and conditions of purchase ('Terms and Conditions') have been provided to you alongside an order confirmation detailing certain products ('Products') you wish to acquire from Yamaha and an invoice detailing the amount payable by you to Yamaha for those Products ('Invoice').
Please take the time to read these Terms and Conditions. If you make payment in accordance with the Invoice and section 0 of these Terms and Conditions, you are deemed to have agreed to, and will be bound by, these Terms and Conditions, which together with the other documents referred to in these Terms and Conditions, govern Yamaha’s relationship with you in relation to your acquisition of the Products.
ORDER AND SUPPLYYamaha accepts your offer, confirms and concludes the contract of sale for the Product(s), when we dispatch the Product(s) to your nominated shipping address and send an email confirming that the Product(s) have been dispatched.
Yamaha reserves the right to refuse or cancel your order or Product for any reason. Yamaha also reserves the right to correct inadvertent errors, omissions or inaccuracies in relation to price, product availability, or product descriptions, whether included in the Invoice or elsewhere. Acceptance of all orders is subject to Yamaha confirming availability and price for Products.
Yamaha may cancel your order for Product(s) (including orders previously accepted by Yamaha) without any liability to you if any of the Product(s) are unavailable, or there were any errors in price or product description at the time of placing your order, due to technical errors in processing your order, or otherwise by notice to you. If we cancel your order for any reason you will be given a full refund for any amount paid for the order. Yamaha shall have the right to refuse or cancel any such orders whether the order has been confirmed and your credit card charged.
If your credit card has already been charged for the purchase and your order is cancelled, Yamaha shall immediately issue a credit to your credit card account in the amount of the charge.
You will pay Yamaha the full amount set out in the Invoice for the Products. Yamaha will not dispatch your Product before such payment is received in full.
Payment must be made via Yamaha's third-party payment gateway or by redeeming Yamaha Credit. Yamaha will provide you with details of how to access the nominated payment gateway when you make your order.
Yamaha does not store your credit card or banking details. Please check the website for the applicable provider for details of the privacy policies and security measures of these service providers. By making payment you agree to the content of those policies and measures. To the maximum extent permitted by law, we will not be liable for any loss or damage arising out of your use of the third-party payment gateway.
SHIPPING & DELIVERY
Yamaha will retain title and risk in the Products until the point that the Product is delivered to you, or delivery is attempted. Yamaha will only replace orders where the order is proved lost or damaged prior to delivery, or attempted delivery, by our delivery company.
Yamaha only delivers products ordered to New Zealand residents with a New Zealand delivery address. Products will not be shipped to an overseas location.
Further terms and conditions relating to the delivery of the Products are contained in our Shipping Policy.
The delivery times set out in the Shipping Policy, or otherwise provided by Yamaha, are estimates only. To the maximum extent permitted by law, Yamaha will not be held accountable for late deliveries or loss or damage relating to late deliveries. To the maximum extent permitted by law, Yamaha will not be held accountable for delivery instructions on the order being missed or not followed.
Larger orders may be without notice, split up and shipped on several consignments for ease of delivery. Tracking information for all consignments will be available.
RETURNS, REFUNDS, EXCHANGES & WARRANTYProduct images may not always be an exact representation of the listed product. Many images are sourced from the New Zealand importers of the products and in many cases the image will not be an accurate representation of the Product. Please refer to images as a reference only and rely on product titles, descriptions and fitment listings for accuracy.
If a Product arrives damaged, has a fault, is not of acceptable quality or is the wrong product you may have rights under our Returns and Refund Policy.
You may also have rights under New Zealand consumer law. However, if you are in trade and acquiring the Products in trade, the provisions of the Consumer Guarantees Act 1993 together with any other terms, conditions or warranties implied into the contract for the sale of the Products by law (including those under sections 9, 12A and 13 of the Fair-Trading Act 1986) are excluded to the maximum extent permitted by law.
ORDER CANCELLATIONSIf notified before Products have been dispatched, Yamaha may accommodate order cancellations. If items have been shipped, Yamaha reserves the right to refuse an order cancellation or charge a cancellation fee should we be able to request the return of the package from our delivery service.
INTELLECTUAL PROPERTYFor the avoidance of doubt, you acknowledge and confirm that Yamaha owns all copyright and intellectual property related to the Products. Nothing in your purchase of the Products gives you any right to that copyright or intellectual property.
The privacy of your personal information is important to Yamaha.
You consent to Yamaha, its related entities and its authorised third parties collecting, holding, using and disclosing your personal information that is collected from you and/or your directors/owners/controllers as part of the ordering process, or when you contact Yamaha’s Customer Service Team, or when you use its website.
Personal information may include name, residential and/or postal address, telephone number and email address.
You agree that Yamaha, its related entities and/or its authorised third parties may use your email address to send you messages concerning your account, any orders you place and information about the products sold that Yamaha thinks may be of interest to you. You also agree that Yamaha may contact you by telephone to arrange delivery or collection of your order.
If you would prefer not to receive promotional or other material from Yamaha, its related entities or its authorised third parties, please let us know by emailing Yamaha's Web Shop Team at firstname.lastname@example.org. You and each of your directors/owners/controllers (as applicable) acknowledges that while Yamaha will do its best to ensure information is accurate, it is their responsibility to inform Yamaha of any changes to information. You may request Yamaha to remove your personal information from its database by emailing Yamaha's Web Shop Team at email@example.com.
OUR LIABILITY AND YOUR INDEMNITY
To the maximum extent permitted by law, Yamaha's total liability to you, whether in an action in contract, negligence or other tort, arising out of or in connection with the Products, shall be limited to the amount paid by you to Yamaha for the Product. Yamaha is not liable for any special, indirect or consequential loss or damage or losses resulting from loss of use of data or profits.
You must not provide any warranties to third parties in relation to the contents or performance of the Products.
You indemnify us and hold us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of the Products, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitor’s fees of every kind and nature incurred by you or any third parties through you.
LEGAL CAPACITY AND ENTIRE AGREEMENT
You must be eighteen (18) years of age or over to purchase Product. You confirm that you:
- are over the age of eighteen (18) years;
- accept these Terms and Conditions;
- agree that you have entered into a legal contract with Yamaha in relation to these Terms and Conditions; and
- these terms, together with the other documents reference in these Terms and Conditions, constitute the entire agreement between you and Yamaha for the supply of Products.
Yamaha reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Yamaha may suffer because of a transaction entered by a minor.
All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order and orders will be held from shipment until security checks have been completed.
We will make reasonable attempts to contact you using the details provided to complete the necessary security checks. Failure to comply with such requests from Yamaha will result in the order being cancelled and the funds being refunded.
TERMINATION OF USE
Yamaha reserves the right in its absolute discretion to suspend or terminate at any time its agreement and arrangement with you for any reason, including but not limited to a breach of these Terms and Conditions. The suspension or termination shall not affect either party’s rights or liabilities.
Yamaha reserves its right to identify or bring legal action against any person who is breaching these terms, including obtaining injunctive relief.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, it may be severed and will not affect the remainder of the agreement, which will continue in full force and effect and these terms will be deemed amended to replace, to the extent legally permitted, the rights and obligations contained in the invalid, illegal, or unenforceable provision.
The invalidity, illegality, or unenforceability of any provision of these Terms and Conditions will not constitute failure of consideration. Any failure by Yamaha to act or enforce these Terms and Conditions immediately will not be considered a waiver of Yamaha's right to take any such action.
You are responsible for compliance with all laws and regulations applicable to you. These Terms and Conditions are governed by and construed in accordance with the laws of New Zealand. Any disputes concerning this agreement and our supply of the Products is to be resolved by the courts having jurisdiction in New Zealand.
We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
If you have any questions, comments or queries please feel free to email us at firstname.lastname@example.org or refer to our other policies or terms and conditions on this website.
Last updated January 2019
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