Terms and Conditions of Use
Thank you for visiting our website and shopping at Yamaha's Web Shop.
Welcome to our website and Yamaha's Web Shop. Please take the time to read our website and Yamaha's Web Shop terms and conditions of use ('Terms').
References to 'Yamaha' or 'us' or 'we' or 'our' means ‘Yamaha Motor New Zealand Limited' who is the owner of this website and Yamaha’s Web Shop. Yamaha's registered office is 58 Lady Ruby Dr, East Tamaki, Auckland 2013, New Zealand. The term ‘you’ refers to the user or viewer of Yamaha's Web Shop and this website.
Reference to 'business days' in these Terms or any policy means any day that is not Saturday, Sunday or statutory public holiday in New Zealand.
If you continue to browse and use this website and Yamaha’s Web Shop, you are agreeing to comply with, and be bound by, these Terms and our other policies, which together govern Yamaha’s relationship with you in relation to your use of this website and Yamaha’s Web Shop, and your purchase of products through them.
If you purchase products through Yamaha's Web Shop, there will be additional terms and conditions relating to the purchase, which you must agree to before making your purchase. The terms and conditions relating to your purchase are additional to these Terms.
Yamaha may vary these Terms at any time. By continuing to use Yamaha's Web Shop and this website you consent to any variations. Yamaha will not notify you of these variations, and it is your responsibility to regularly check these Terms for any variations including variations to content, products and pricing. Continued use of Yamaha's Web Shop or this website following any variation to these Terms will be deemed acceptance of those variation.
You must be eighteen (18) years of age or over to register as a member of Yamaha's Web Shop or this website or to purchase products from them.
By accessing or using Yamaha's Web Shop or this website, you warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you are over the age of 18 years, and that you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
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.
You may only use Yamaha's Web Shop and this website, and the content on this website, for personal purposes unless we expressly consent to your proposed use. You agree that you will not use Yamaha's Web Shop or this website to:
- commit or encourage a criminal offence;
- transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any other way offensive or obscene;
- hack into any aspect of this website
- corrupt data;
- cause annoyance to other users;
- infringe upon the rights of any other person's propriety rights;
- send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
- attempt to affect the performance or functionality of any computer facilities of or accessed through this website.
PERSONAL INFORMATION AND PRIVACY
When ordering products, you must provide Yamaha with your personal information or that of a gift recipient. You warrant that the information you provide Yamaha is accurate, complete and up-to-date and that you will inform Yamaha of any changes to that information. You also warrant that you have the authority to provide us with the information that you disclose.
Your account, including your email address and password. You further acknowledge and agree that you will not disclose these details to any person not duly authorised by you. You are solely responsible for all activities that occur on your account and under your email address and password.
You agree that you will immediately notify Yamaha of any unauthorised use of your account, email address or password.
These Terms should be read in conjunction with our Pricing Policy which is located at the bottom of each page of our website. We may change our prices without notice. There may be duties and taxes added to your package by the destination country. You will be responsible for these upon delivery and are not included in your order total.
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 such 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.
You acknowledge that we will perform standard security checks on the payment details you provide to us. In the event of unusual activity, Yamaha reserves the right to temporarily or permanently suspend payment via your credit card or debit card and we may contact you, your bank or any other relevant third party to report such unusual activity.
SALE ITEMS AND SPECIAL OFFERS
Where an item is:
- marked at a discounted price ('Discounts');
- purchased during a temporary promotion period (for example, VIP Days, One Day sales, discount offers etc) ('Promotions'); or
- purchased using a coupon or promotional code ('Coupons'),
it is considered a sale stem ('Sale Item'). Sale Items are subject to the Sale Returns section of our Return and Exchange Policy. Discounts, Promotions, Coupons ('Special Offers') are offered at Yamaha’s discretion. Any conditions applicable to the Special Offers will be specified at the time of issue.
ORDER ACCEPTANCE POLICY
Purchases through Yamaha’s Web Shop are for New Zealand residents only. All orders submitted through Yamaha’s Web Shop are governed by our Terms and Conditions of Purchase that you must agree to before you can submit your order.
Once you submit your order, you will receive an email from Yamaha to confirm receipt of your order. This email confirmation does not constitute an acceptance of the order or an offer to sell products.
Yamaha reserves the right to refuse or cancel your order for any reason. Yamaha also reserves the right to correct inadvertent errors, omissions or inaccuracies in relation to price, product availability, or product descriptions. Acceptance of all orders is subject to Yamaha confirming availability and price for products ordered. If your order is rejected for any reason you will be given a full refund for any amount paid for the order.
Yamaha accepts your offer and confirms and concludes the contract of sale for the product(s) ordered by you, when we dispatch the product(s) to your nominated shipping address and send an email confirming that the product(s) have been dispatched.
Yamaha may cancel your order for product(s) (including orders accepted by Yamaha) without any liability to you if any of the products in your order are unavailable, or there were any errors in price or product description on Yamaha’s Web Shop at the time of placing your order, or due to technical errors in processing your order, or otherwise by notice to you.
If you notify us in writing before products have been dispatched, Yamaha may be able to accommodate order cancellations. If items have been shipped, Yamaha reserves the right to refuse an order cancellation or charge a cancellation fee if we are able to have the package returned by our delivery service.
SHIPPING AND DELIVERY
Please refer to our Shipping Policy and Return and Exchange Policy for further information. You can track your order using the consignment number you receive via email when you place an order, or by logging in to My Account and reviewing your order there.
Yamaha will accept returns in accordance with our Return and Exchange Policy.
YAMAHA GIFT VOUCHERS AND CREDIT
Please refer to our Gift Voucher Terms and Credit Terms as applicable.
Unless otherwise indicated, Yamaha owns all copyright of the content and information on Yamaha's Web Shop and this website. All registered or unregistered trademarks and logos used on Yamaha's Web Shop are the property of their respective owners.
All copyright, content, information, data, text, codes, news, file content, layout design, software, images, graphics, articles, trademarks, logos, interfaces, photographs, tutorials, videos, reviews, forum posts, databases and all other intellectual property and information on the Yamaha Web Shop and this website ('Intellectual Property') is owned, controlled by, or licensed to Yamaha.
Except for viewing the content for your own personal non-commercial use, we do not grant you any rights to use the Yamaha Web Shop, this website or any content, information and other Intellectual Property on this website for any other purpose unless we expressly consent in writing.
You must not use or replicate any of our Intellectual Property other than as permitted by law. Specifically, you must not use or replicate our Intellectual Property for commercial purposes unless we expressly agree in writing, in which case we may require you to sign a license agreement.
If you wish to use content, images or any of our other Intellectual Property, you should submit your request to us at the following email address: email@example.com
ACCURACY OF CONTENT
Your use of any content, information or other Intellectual Property on Yamaha's Web Shop or this website is entirely at your own risk, and, to the maximum extent permitted by law, we shall not be liable to you. It shall be your own responsibility to ensure that any products, services or information available through the Yamaha Web Shop meet your specific requirements.
Product images on Yamaha's Web Shop or this website may not always be an exact representation of the listed product and may vary from the delivered product depending on your monitor settings and computer equipment. Yamaha is not responsible for any such variations. However, if a product is materially different from the representation on our website, you may be entitled to a refund or exchange under New Zealand consumer law. You must use the images as a reference only and rely on product titles, descriptions and fitment listings for accuracy.
Unless otherwise stated, any additional items and accessories shown in a product image are for display purposes only and may not be included in the listed price. You must ensure that you carefully read the product title and description before purchasing anything from our website.
To the maximum extent permitted by law, neither we nor any third party provides any warranty or guarantee as to the accuracy, or completeness of information and content contained on Yamaha's Web Shop or our website. We expressly exclude liability for any such inaccuracies or errors to the maximum extent permitted by law.
You understand that our website is provided on an “as-is” basis. While we aim to update our website regularly, neither Yamaha, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this website. We reserve the right to restrict access to parts of this website or the entire website, change or withdraw any items, information or content featured on this website without notice.
PASSWORDS AND LOGINS
You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.
OTHER ACTIVITIES AND THIRD-PARTY WEBSITES
From time to time, Yamaha may promote, or advertise events, offers, items, services or other activities that may be conducted offline or which may be conducted by third parties. These events, items, services or other activities may be subject to separate terms and conditions. You acknowledge that you participate in any of these activities entirely at your own risk and in accordance with those separate terms and conditions.
This website may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of our website and are not under our control. These links are provided for convenience to provide further information to you. If you click on a link to any third-party websites, you leave our website entirely at your own risk.
We have no responsibility for the content of any third party websites, and we shall not be liable to you or any third party, whether in an action in contract, negligence or other tort, in respect of any loss, liability, cost or expense (including special, indirect or consequential loss or damage) you or any third party suffers arising from, or in connection with, your use of those third party websites.
Cookies may be used on our website to gather data in relation to our website and you consent to this (although you may be able to disable cookies on your web browser).
Yamaha is not liable for any loss, costs, expenses, liability or damages whatsoever (actual or consequential), arising from, or in any way related to, your access and use of Yamaha's Web Shop, this website and any content or information contained on them, or obtained through them. Yamaha does not warrant that Yamaha’s Web Shop will be uninterrupted or error free.
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 Yamaha's Web Shop, this website and all information and content contained on, or obtained through, Yamaha's Web Shop or this website, including any liability or expense arising from 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.
COMPLIANCE WITH LAWS
You must use Yamaha's Web Shop and this website in accordance with all applicable laws, rules and regulations.
You must not use, nor will you allow or authorise any third party to use, Yamaha's Web Shop or our website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or in an obscene or any other inappropriate way, or in a way which conflicts with Yamaha's Web Shop, this website or our services. If your contributions to our forum (if any) or any public comments you make on Yamaha's Web Shop or this website are, in our opinion, of a type described in this paragraph, we may at our discretion, refuse to publish such comments and/or remove them from Yamaha's Web Shop or this website.
We reserve the right to refuse or terminate you use of Yamaha's Web Shop or this website at any time without notice or reason.
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.
To the maximum extent permitted by law, Yamaha will not be liable to you or to any third party, whether in an action in contract, negligence or other tort in respect of any loss, liability, cost or expense including special indirect or consequential loss or damage however caused, which may arise directly or indirectly from a distributed denial-of-service attack or by any malicious or harmful programs, scripts or technologies that may affect this website or Yamaha's Web Shop, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material. You agree to release us from any such liability.
TERMINATION OF USE
You may stop using Yamaha’s Web Shop at any time for any reason.
Yamaha reserves the right in its absolute discretion to suspend or terminate at any time your access to, and use of, Yamaha's Web Shop and this website without notice and for any reason, including but not limited to a breach of these Terms. The suspension or termination shall not affect either party’s rights or liabilities.
Yamaha may disclose any information we may have about a user in relation to an investigation or allegation that your use of Yamaha's Web Shop and this website is in breach of these Terms or is in breach of law or other regulation. Yamaha reserves its right to identify or bring legal action against any person who is breaching these Terms, including obtaining injunctive relief.
You use the internet, Yamaha's Web Shop and this website at your own risk. To the maximum extent permitted by law, Yamaha does not warrant or guarantee that access to Yamaha's Web Shop or this website will be uninterrupted or error free, or that they will be free from viruses or other contamination.
When using Yamaha's Web Shop, the internet or any third-party networks or facilities, you are using networks, facilities and services that are beyond the control of Yamaha. You assume all risk and liability of your use of Yamaha's Web Shop, and any such third-party networks and facilities, including access to Yamaha's Web Shop via such media.
Every purchase you make through Yamaha's Web Shop is as secure as current technology will allow. When you process an order through Yamaha's’ Web Shop your personal information is encoded with 128-bit SSL (secure socket layer) encryption. This means that any sensitive data cannot be intercepted and read as it travels down your phone line to our secure server. All payments are made through Yamaha's nominated payment gateway, so no credit card details are stored on our computer systems.
Yamaha reserves the right to cease, interrupt or withdraw your access to Yamaha's Web Shop or this website for any reason, including without limitation, for upgrades and maintenance of the site.
If any provision of these Terms is found to be invalid or unenforceable by a court of law, it may be severed and will not affect the remainder of these Terms, 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 unenforceable provision of these Terms will not constitute failure of consideration. Any failure by Yamaha to act or enforce these Terms immediately will not be considered a waiver of Yamaha's right to take any such action.
If we are unable to perform in whole or in part, any obligation under these Terms because of any fact, circumstance or matter beyond our reasonable control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that Yamaha will not be held liable for any delay or failure in performance of any part of our services to you.
You are responsible for compliance with all laws and regulations applicable to your location. These Terms are governed by, and construed in accordance with, the laws of New Zealand. Any disputes concerning Yamaha's Web Shop, or this website are to be resolved by the courts having jurisdiction in New Zealand.
If you have any questions, comments or queries please feel free to email us at firstname.lastname@example.org to refer to our other policies or terms and conditions on this website.
Last updated January 2019
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