TERMS AND CONDITIONS OF USE
TERMS AND CONDITIONS OF USE
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This competition is organized and convened by Tuning Fork (Pty) Ltd t/a Yamaha
Distributors South Africa (YDSA), in association with Yamaha Music Gulf (YMGF).
All correspondence relating to the Young Soloist Music Competition, including thesupporting documentation to the official entry form, must be directed to:The Competition Director: Mr Eustace WilkenEmail: ymc@yamaha.co.za
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WEBSITE TERMS AND CONDITIONS OF USE
1.1 This document sets out the terms and conditions (“Terms and Conditions”) of Tuning Fork Proprietary Limited t/a Yamaha Distributors SA with registration number 2010/001048/07 (“Yamaha”) governing the access and use of the information, products, services, ordering, sale and delivery of Products and in general the use of and functions provided on www.yamaha.co.za (“Website”).
1.2 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website in addition to clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.3 Should any person that accesses the Website you disagree with any of the Terms and Conditions, you must refrain from accessing the Website and/or using our services.
1.4 By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. You must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions before purchasing any products or services.
1.5 Yamaha permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
1.6 Yamaha reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms and Conditions. Such amendments shall supersede and replace any previous Terms and Conditions and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms and Conditions, as amended and/or replaced by Yamaha from time to time. If you are not satisfied with the amended Terms and Conditions, you should refrain from using the Website.
1.7 If there is anything in these Terms and Conditions that you do not understand then please contact us as soon as possible. Our contact details are available in clause 18 below. Please note that calls to us may be monitored for training, security and quality assurance purposes.
2.1 Only registered users may order Products on the Website.
2.2 To register as a user, you must provide a unique username and password and provide certain information and personal details to Yamaha. You will need to use your unique username and password to access the Website in order to purchase Products.
2.3 You agree and warrant that your username and password shall:
2.3.1 be used for personal use only; and
2.3.2 not be disclosed by you to any third party.
2.4 For security purposes you agree to enter the correct username and password whenever you order products, failing which access to purchase products on the Website will be denied.
2.5 You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
2.6 You agree to notify Yamaha immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
3.1 The Website enables you to shop online for an extensive range of products including music, audio, marine, various accessories, electronics, power products, motorcycles, and more (“Products”).
3.2 Yamaha reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website
3.3 Yamaha reserves the right to change and amend the products, prices and rates quoted on this Website from time to time without notice.
3.4 Yamaha may use the services of third parties to provide information on the Website. Yamaha has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that Yamaha and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
3.5 Yamaha makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
3.5.1 Yamaha does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality;
3.5.2 whilst Yamaha has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
3.5.3 whilst Yamaha has taken reasonable measures to ensure that the content of the Website is accurate and complete, Yamaha makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Yamaha’s representatives, Yamaha shall not be bound thereby.
4.1 Yamaha may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and Yamaha does not endorse, nor does the inclusion of any link imply Yamaha’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
4.2 While Yamaha tries to provide links only to reputable websites or online partners, Yamaha cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Yamaha. Yamaha is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
4.3 You agree that Yamaha shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.
The user hereby agrees that it shall not itself, nor through a third party:
5.1 copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
5.2 decompile, disassemble or reverse engineer any portion of the Website;
5.3 write and/or develop any derivative of the Website or any other software program based on the Website;
5.4 modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Yamaha;
5.5 remove any identification, trademark, copyright or other notices from the Website; and/or
5.6 post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind.
6.1 Registered users may place orders for Products, which Yamaha may accept or reject. Whether or not Yamaha accepts an order depends on the availability of Products, correctness of the information relating to the Products (including without limitation the price) and receipt of payment or payment authorisation by Yamaha for the Products.
6.2 Yamaha will indicate the acceptance of your order by delivering the Products to you or allowing you to collect them, and only at that point will an agreement of sale between you and Yamaha come into effect (the “Sale”). This is regardless of any communication from Yamaha stating that your order or payment has been confirmed. Yamaha will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
6.3 Subject to what is contained in our Returns Policy, prior to delivery or your collection of the Products, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. In this instance please contact 011 259 7855 quoting the order number and item purchased. After delivery or your collection of the Products, you may return the Products only in accordance with the Returns Policy. We may charge a fee equal to the going rate your area for delivery costs. We may also charge a reasonable fee pre-inspection costs incurred by us.
6.4 Placing Products in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Products, and as such, Products may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Yamaha liable if such Products are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
6.5 You acknowledge that stock of all Products on offer is limited and that pricing may change at any time without notice to you. In the case of Products for sale by Yamaha, Yamaha will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Products are no longer available after you have placed an order, Yamaha will notify you and you will be entitled to a refund of any amount already paid by you for such Products.
7.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
7.2 Payment can be made for Products via –
7.2.1 debit card;
7.2.2 credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Products will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Products. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
7.2.3 direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Yamaha will not accept your order if payment has not been received;
7.2.4 Instant EFT; and
7.2.5 Yamaha Finance, a product of WesBank.
7.3 Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Products.
Card transactions will be acquired for Yamaha via PayGate Proprietary Limited ("PayGate") who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
The user details stored by Yamaha are separate from the card details which are entered by you on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
The store outlet country of Yamaha at the time of presenting payment options to you is South Africa. The transaction currency is South African Rand (ZAR).
11.1 Yamaha offers 2 (two) methods of delivery of Products to you, subject to availability and product dependability. You may elect delivery via:
11.1.1 courier; or
11.1.2 self-collection.
11.2 Yamaha will deliver the Products to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Products during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Products. If you elect to cancel your order, we will reimburse you for the purchase price.
11.3 Yamaha’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Yamaha is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
12.1 In order to ensure the security and reliable operation of the services to all Yamaha’s users, Yamaha hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
12.2 You may not utilise the Website in any manner which may compromise the security of Yamaha’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Yamaha suffer any damage or loss, civil damages shall be claimed by Yamaha against the user.
12.3 Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Yamaha and its affiliates, agents and/or partners.
13.1 For the purpose of this clause, “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Yamaha, now or in the future, including without limitation, Yamaha’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
13.2 All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, Yamaha and as such are protected from infringement by local and international legislation and treaties.
13.3 By submitting reviews, comments and/or any other content (other than your personal information) to Yamaha for posting on the Website, you automatically grant Yamaha and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
13.4 All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
13.5 Except with Yamaha’s express written permission, no proprietary material from this Website may be copied or retransmitted.
13.6 Irrespective of the existence of copyright, the user acknowledges that Yamaha is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
13.7 Yamaha authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
14.1 The user’s use of this website and the information contained on the website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
14.2 The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall Yamaha be liable for any loss, harm, or damage suffered by the user as a result thereof. Yamaha reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Yamaha deem it necessary.
14.3 To the extent permissible by law:
14.3.1 Neither Yamaha, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if Yamaha knows or should reasonably have known or is expressly advised thereof.
14.3.2 The liability of Yamaha for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to Yamaha rectifying the malfunction, within a reasonable time and free of charge, provided that Yamaha is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of Yamaha. However in no event shall Yamaha be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
14.3.3 You hereby unconditionally and irrevocably indemnify Yamaha and agree to hold Yamaha free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Yamaha or instituted against Yamaha as a direct or indirect result of:
14.3.3.1 your use of the website and/or any linked third party website;
14.3.3.2 software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of Yamaha;
14.3.3.3 your failure to comply with any of the terms or any other requirements which Yamaha may impose from time to time;
14.3.3.4 the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
14.3.3.5 any unavailability of, or interruption in, the service which is beyond the control of Yamaha.
14.4 Yamaha makes no warranty or representation as to the availability, accuracy or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against Yamaha for any LOSS suffered by you, as a result of information supplied by Yamaha being incorrect, incomplete or inaccurate.
15.1 Yamaha takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect from you in accordance with the Yamaha Privacy Policy.
15.2 Yamaha respects your privacy and is committed to protect your privacy with a view to offer the best and most enriching experience to you for both in-store purchases and purchases on our website. The processing of your personal information is done in accordance with our Privacy Policy.
15.3 You expressly consent to us collecting and processing your personal information when registering on this Website and using our services.
16.1 This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause.
16.2 To opt out of cookies, kindly activate the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Website.
16.3 Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control.
18.1 In compliance with section 43(1) of the ECT Act, the following is noted:
18.2 Full name: Tuning Fork (Pty) Ltd t/a Yamaha Distributors
18.3 Registration number: 2010/001048/07
18.4 Physical address: World of Yamaha, 19 Eastern Service Road, Kelvin, Sandton 2090
18.5 Fax number: 011 259 7740
18.6 Telephone number: 011 259 7855
18.7 Website address: www.yamaha.co.za
18.8 E-mail address: web@yamaha.co.za
18.9 Names of office bearers: R. Van Rensburg
18.10 Registered at: Pretoria
You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this Website.
Except as explicitly stated otherwise, any notices shall be given by email to complaints@yamaha.co.za (in the case of Yamaha) or to the e-mail address you have provided to Yamaha (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Yamaha may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to Yamaha. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
19.1 These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
19.2 This Website is controlled, operated and administered by Yamaha from its offices within the Republic of South Africa. Yamaha makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
19.3 Yamaha does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our control.
19.4 If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
19.5 Yamaha’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
19.6 You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Yamaha.
19.7 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
19.8 The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
19.9 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
19.10 These Terms set forth the entire understanding and agreement between Yamaha and you with respect to the subject matter hereof and no other warranty or undertaking is valid unless contained in this agreement.
PRIVACY POLICY
PRIVACY POLICY
2.1 By using the website or our services at our outlets to purchase products and/or services, you (interchangeably referred to as "the user") hereby explicitly and unambiguously consent to the collection, use and transfer, in electronic or other form, of your personal data as described in this document by Yamaha.
2.2 You understand that Yamaha, the website and its Partners (click here for a list of Yamaha's partners) hold certain personal information about you, including, amongst others:
2.2.1 Name;
2.2.2 Surname;
2.2.3 Residential and postal address;
2.2.4 date of birth;
2.2.5 Contact numbers; and
2.2.6 Email address.
2.3 You further understand that Yamaha and its partners will transfer data among themselves for purposes of implementation, administration and management of the user's participation on the website and outlets when offering you services and/or products.
2.4 You hereby authorize Yamaha to receive, possess, use, retain and transfer such data as may be required for the administration of the website and offering services and/or products to you.
2.5 You may withdraw consent at any time by using the unsubscribe link in the footer of any email or by sending an email to unsubscribe@yamaha.co.za.
2.6 Where we have processed personal data on the lawful basis of consent, you may have the right to withdraw this consent. However, this will not affect the lawfulness of processing based on consent before its withdrawal.
3.1 To avail certain services and products on our website or at our outlets, users are required to provide certain information for the registration process that may include but not limited to your name, your surname, email address and, in relation to the website, a password.
3.2 Yamaha may use your personal information to confirm that your orders have been received; to validate you as a customer when using our services; to prevent and detect criminal activity, fraud and misuse of or damage to our services or networks; to prosecute those responsible and to contact you to invite you to form part of our consumer panel or various research groups, to offer our products to you, and –
3.2.1 in relation to the ordering, sale and delivery of Products;
3.2.2 to contact you regarding current or new Products or services or any other Products offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
3.2.3 to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
3.2.4 to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website.
This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause. For more information about our Cookies, kindly visit our website terms and conditions of use.
5.1 The website includes links to other websites. Such websites are governed by their own privacy policies. Once you leave our servers, use of information you provide is governed by the privacy policy of the responsible party of the site you are visiting. That privacy policy may differ from Yamaha's. It is your responsibility to understand the privacy policies of such websites.
5.2 When Yamaha presents information to its advertisers for marketing purposes, it is usually in form of aggregated statistics on traffic to various pages within our website. Once registered with us, we may contact you from time to time to update you on the personal information you provide us to enable us to provide features that may benefit you.
6.1 Yamaha will not disclose your personal information to any third party other than as set out below:
6.1.1 to our employees and/or third parties who assist us to interact with you via our Website or outlets, email or any other method, for the ordering of Products or when delivering Products to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
6.1.2 to our divisions, affiliates and/or partners (including their employees and/or third party Yamahas) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new Products or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
6.1.3 to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
6.1.4 to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
6.1.5 to our suppliers in order for them to liaise directly with you regarding any faulty Products you have purchased which requires their involvement.
6.2 We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Yamaha is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
6.3 We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
7.1 When you as the user use our website or make use of our outlets, we undertake to provide you with access to your personal information and provide mechanisms that any personal information found to be inaccurate or incomplete could be corrected or amended as feasible subject to any requirement or rule for such personal information to be retained by law.
7.2 Prior to the amendment, correction or removal of the user's personal information, we require the user to identify themselves and to identify the portion information requested to be amended, correct or removed. A request for the amendment, correction or removal of personal information may be declined if the process of the request is unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others or would be impractical.
7.3 The services of access and correction of personal information is done free of charge, except to the extent that it would require disproportionate effort by Yamaha. Once personal information is deleted, residual copies of the information may take a period of time before they are deleted from our servers and may remain in our backup systems.
7.4 It is important that any information you provide directly to us is accurate and correct. Please let us know as soon as you can if any information we hold about you is no longer correct.
7.5 Providing false or inaccurate information in order to obtain a product or service may also result in services being restricted or cancelled.
8.1 Yamaha will take reasonable and appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
8.2 provide you with access to your personal information to view and/or update personal details;
8.3 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
8.4 provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
8.5 whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
8.6 If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Yamaha, YAMAHA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
7.7 All information obtained by Yamaha is stored on a dedicated servers within the borders of South Africa. The server is secured behind a firewall and access to the server is password protected and strictly limited. Notwithstanding this, no security measures or systems are impenetrable. We cannot make any guarantees against data breaches.
As a data subject, you have a number of data privacy rights. These rights include the right to request from Yamaha access to, correction or deletion of your personal data or restriction of processing concerning your data or to object to the processing of your personal information. All the rights of a data subject are contained in the Protection of Personal Information Act 4 of 2013. The information on these rights can be found at the Information Regulator's website at https://www.justice.gov.za/inforeg/, to whom you have the right to make a complaint, if we do not resolve your complaint.
10.1 We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
10.2 We may also retain your personal information to the extent and duration that we have a legitimate interest to process your personal information depending on, amongst others, the nature and lifespan of the goods purchased from us.
10.3 We will upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
Yamaha will only send you direct marketing when you have either provided consent or where we believe we can demonstrate a legitimate interest and have balanced this with your interests and privacy. You have the right to opt out of receiving direct marketing at any time by following the appropriate channels, e.g. you may click an unsubscribe box on our email communications.
12.1 Any complaints or concerns with regards to content or to report any contraventions of laws or breach of these terms may be directed to our designated Information Officer Robin Van Rensburg ("the Information Officer") –
| via post: | 19 Eastern Services Road Kelvin Sandton Johannesburg |
| via email: | complaints@yamaha.co.za |
12.2 If we do not manage to resolve your complaint you may also lodge a complaint to the office of the Information Regulator at https://www.justice.gov.za/inforeg/.
Given the ever changing reality of the internet, we may change our privacy policy from time to time to accommodate future changes as necessary. The future updates and changes will be consistent with the policy under which the personal information was collected. It is the responsibility of the user to ensure to check our website from time to time to view the updated privacy policy.
RETURNS POLICY
RETURNS POLICY
1.1 Thank you for your purchase and for considering Tuning Fork Proprietary Limited t/a Yamaha Distributors SA with registration number 2010/001048/07 ("Yamaha" and/or "the Company"). We trust that you are happy with your purchase.
1.2 As a valued customer, we shall at all times provide you with the best customer service and ensure that all your rights in terms of the Consumer Protection Act 68 of 2008 ("the CPA") together with any other applicable laws are protected. However, if you are not completely satisfied with your purchase for any reason, you may return the product to us and we will either repair/replace it or credit your account subject to the terms set out below. This policy applies to products bought from Yamaha.
1.3 This policy forms part of the Yamaha Terms and Conditions and the words defined in the Terms and Conditions have the same meaning in this policy unless the context indicates otherwise. This policy applies to all goods purchased online.
As a valued customer you may lodge a request for return by detailing your request together with any supporting documentation or images onto the Returns page on our website. Once your information is captured and saved on the Returns page, one of our duly trained agents will contact you to in order to discuss the reason for your request, guide you on the process and if needed issue you with an authorization number.
3.1 In terms of the CPA, you may return goods to us at no charge, subject to the following –
3.1.1 you have the original receipt of purchase;
3.1.2 the goods are contained in its original packaging and condition, undamaged with all seals intact with no missing parts and/or accessories;
3.1.3 you lodge a return within 30 days of purchase and collection or delivery to you. If not within 30 days, you may only return a product if it is defective within 6 months of purchase and collection or delivery to you.
3.2 Depending on the product you will be required to deliver the purchased goods to us, our couriers will collect the products from you at a charge. In the event, that the goods are not packaged properly for transport, our couriers are entitled to refuse collection.
3.3 In terms of section 20(6) the CPA, we are entitled to charge a reasonable handling fee for any goods not in their original packing and where –
3.3.1 the goods were used whilst in your possession; and
3.3.2 the goods were consumed or depleted whilst in your possession.
4.1 In terms of section 16 of the CPA read with section 44 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), you as a consumer have the right to cancel any agreement or transaction with us for purchase goods within 7 (seven) days of the purchase of such goods. We may charge a fee for any costs incurred by us for arranging collection of such goods.
Once we have inspected the returned goods and validated your return, we will refund you your money in the same manner in which you purchased it from Yamaha by way of an EFT of the purchase price into the bank account of the banking details you provide to us.
In the event of a good delivered to you being incorrect, kindly lodge a query on our Returns page on our website to allow us to arrange for collection of the incorrect good at no charge to you. All the accessories or parts of the incorrect must be returned. Once collected, we will then assess the incorrect good dispatch and once satisfied, we will deliver the correct good purchased, if such correct product is available, if not, we will refund you with the purchase price of the good in the same manner in which it was purchased.
7.1 The following goods are not eligible for return –
7.1.1 good purchased by way of an agreement or custom between you and Yamaha, unless defective; and
7.1.2 goods which have been personally modified, unless defective before modification and less costs necessitated by the modification.
8.1 We endeavor to ensure that all the goods we deliver to you are of high quality and free of defects, whether patent or latent.
8.2 If within the first 6 months of the purchase of the good/s, it transpires that that the goods are unsafe or have a manufacturing defect, Yamaha will repair, replace or refund you. The good/s must be returned by lodging a request on the Website Returns page. The collection will be charged at the going rate at your area and will depend on product specifications. Upon collection of the good/s, Yamaha reserves the right to refer the returned good/s for technical assessment by the manufacturer or authorized service center prior to repairing, replacing or refunding.
8.3 The right to claim return of defective goods does not apply if the cause of the defect arises from –
8.3.1 damage arising from normal wear and tear;
8.3.2 damage arising from your negligence and incorrect usage of the product;
8.3.3 accidental damage;
8.3.4 damages arising from lightning, power surges or sea air corrosion;
8.3.5 goods used contrary to the user manuals and for the purpose generally intended;
8.3.6 damage arising from the failure to adequately care for the good/s; and
8.3.7 damage arising from personal modifications to the good/s.
8.4 If the goods show a defect after the initial 6 month period, but still within the warranty period, Yamaha will send the goods for repair. Yamaha will assess and use its sole discretion whether you have a valid claim and, if so, whether they will repair or replace.
8.5 If you fail to return all the items and accessories of a defective good, we are entitled (subject to the CPA and other applicable law) to refuse the return and to only replace the item you returned. We may also estimate the value of the missing accessories and only refund you to the value of the returned item.
8.6 In the event that you return a defective product which does not comply with this policy, Yamaha may hold you liable for reimbursement for the costs incurred for collecting the product and having it returned to you.
9.1 For all online purchases, cash on delivery is not a method of payment. All delivery charges are charged upfront on finalization of the sale.
9.2 Assessments and repairs vary based on the nature of the goods purchased. Whilst we endeavor to ensure that assessment and repairs are dealt with as expeditious as possible, there is no "once size fits all" approach. As such, assessment and repairs may take a reasonable period of time to complete depending on the nature of the goods purchased. In the event that assessments and repairs take longer than a reasonable period of time, which may be up to 6 months, you will either get a replacement of the same/similar model or get a full refund. This provision does not apply to goods falling outside the initial 6 month warranty.
9.3 This Returns policy may be updated from time to time without notice to you. It is your responsibility to keep updated with the latest Returns policy.
9.4 Any complaints in terms of this Returns policy must be directed to our Aftersales division at returns@yamaha.co.za.
11.1 Any complaints or concerns with regards to content or to report any contraventions of laws or breach of these terms may be directed to our designated Information Officer Robin Van Rensburg ("the Information Officer") –
| via post: | 19 Eastern Services Road Kelvin Sandton Johannesburg |
| via email: | complaints@yamaha.co.za |
11.2 If we do not manage to resolve your complaint you may also lodge a complaint to the office of the Information Regulator at https://www.justice.gov.za/inforeg/.
