Terms and Conditions

TERMS AND CONDITIONS OF ONLINE PURCHASE

 

The following states the terms and conditions on which you access and use the online services of Yamaha Music (Asia) Private Limited (located at 202 Hougang Street 21, #02-00, Singapore 530202), hereafter referred to as “Yamaha Music Asia”.

 

By accessing and using the services in the Site, you, as a user of the Site, must accept and agree to be bound by these terms and conditions. Please confirm that you have read, understood and agree to be bound by these terms and conditions by clicking the “I Accept” button below before continuing to use the Site.


Please discontinue your access of the Site if you do not agree with these terms and conditions.


Yamaha Music Asia may at any time make changes to these terms and conditions and to the Contents and list of Goods, with or without prior written notice.

This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

 

You should read these terms and conditions each time you access the Site to ensure that you do understand and accept these terms and conditions in force at the point of access before clicking the “I Accept” button.


    1. Entire Agreement
      1.1 These terms and conditions as well as the terms and conditions in the Sales Order and email confirmation from us form the entire agreement between us and you with regards to your purchase of the Goods through the Site and supersedes any previous representations, statements or agreement (verbal or written) made or entered into between you and us (“Agreement”).

    2. Definitions
      2.1 In these terms and conditions, "Yamaha Music Asia", "we", "our" and "us" means Yamaha Music Asia and "you" or "customer" means the person, firm or corporation purchasing the Goods indicated in your Sales Order.
      2.2 Expressions in the singular may indicate the plural and vice versa and reference to a particular gender may include all other genders.
      • "Yamaha Music Asia" means Yamaha Music (Asia) Private Limited;
      • "Goods" means a product listed on the Site and for the purposes of these terms and conditions includes any related services;
      • “Contents” means all information, data, text, logo, icons, graphics, photographs, names, images, pictures, sounds, sounds files, videos, video files, animation files and other materials in the Site;
      • "Sales Order" means the electronic purchase you made through the Site;
      • “Service Centre” means Yamaha Music Asia’s service centre at 7 Tai Seng Drive #01-01, Singapore 535218
      • Site” means the online platform in Yamaha E-shop at http://www.yamaha.com.sg/eshop for the purchase of the Goods.

    3. Use of the Site
      3.1. The Site is set up with the sole purpose of providing our customers an online platform for the purchase of the Goods and Yamaha Music Asia hereby grants you a non-exclusive, revocable license to access the Site strictly for your personal use only for the purpose of placing Sales Orders with Yamaha Music Asia through the Site.
      3.2. While using the Site, you shall abide by all applicable laws and regulations of your country of residence and of the Republic of Singapore (which shall prevail when there is a conflict) and will not:
      • 3.2.1. access the Site and submit any personal information to us without obtaining consent from your parent or guardian if you are under the age of 18;
      • 3.2.2. place any order through the Site if you are under the age of 18;
      • 3.2.3. copy, reproduce, modify, create derivative works from, distribute, or publicly display any Contents (except for your own information) from the Site without the prior expressed written permission of Yamaha Music Asia and any appropriate third party, as applicable;
      • 3.2.4. upload or post or in any way introduce Contents that are pornographic, threatening, abusive, defamatory or unlawful;
      • 3.2.5. collect (whether through the use of data-mining tools or otherwise) and/or disclose to third parties other users' personal information whether for your own personal use or for any commercial or unlawful purpose;
      • 3.2.6. use or introduce to the Site any spyware, malware or any software containing viruses or any other computer programmes or codes designed to destroy or interrupt the functionality of the Site;
      • 3.2.7. take any steps which may directly or indirectly, cause disruption of the Site or adversely affect that functionality of the Site; or
      • 3.2.8. send any spam messages to or through the Site or Yamaha Music Asia's email system.

    4. Sales Orders
      4.1. Only persons aged 18 years and above may submit the Sales Order or make any orders or purchases on the Site.
      4.2. All Sales Orders received by Yamaha Music Asia are subject to our acceptance and despatch to you of the Goods ordered. Yamaha Music Asia shall be entitled to cancel, terminate its obligations or cease to fulfill any Sales Order, for any reason whatsoever, prior to delivery of the Good, with or without notice. Upon the cancellation, termination or cessation of obligations, Yamaha Music Asia shall only be required to refund the customer for all payments made and received by Yamaha Music Asia not exceeding the price of the Goods ordered.

    5. Payment
      5.1. Time shall be of the essence for all payments pursuant to the Agreement.
      5.2. Late payment interest at 1% per month computed on a day to day basis will be charged from the day after the due date up to date of full payment in addition to our other rights.
      5.3. In addition, failure to make payment on or before the due date shall entitle us to treat the failure as a repudiation of this Agreement by you and we shall have the right to repudiate further performance thereof and to recover damages for the breach of Agreement.
      5.4. Yamaha Music Asia also reserves the right to delay or cancel future deliveries of Goods ordered by you if you are in default of any payment.
      5.5. Unless otherwise stated, all prices are quoted in Singapore Dollars (SGD) with GST, but exclude delivery and handling charges which will be quoted separately, where applicable.
      5.6. Prices and availability of Goods are subject to change without notice. Yamaha Music Asia reserves the right to withdraw any offer and to correct any errors, inaccuracies or omissions at any time.
      5.7. We will inform you of any material change in the terms of your purchase whether or not the Sales Order has been confirmed. If your credit card has already been charged for the purchase and your Sales Order is cancelled, we will issue a credit to your credit card account in the amount of the charge.

    6. Title to Goods
      6.1. Notwithstanding delivery of the Goods, title to the Goods shall not pass to you but shall be retained by us until full payment for the Goods has been received by us from you and no other payments are outstanding from you to us on any other account regardless whether it is due for payment. Until such time as title to the Goods has passed to you:
      • 6.1.1. You shall keep the Goods at your address set out in the Sales Order or where we have delivered the Goods and shall not sell, loan, remove the Goods from the premises or dispose of the Goods without our written consent and/or in any way, part with possession and/or control of the Goods and you shall take reasonable care of the Goods at all times.
      • 6.1.2. You hereby acknowledge our right to the Goods as set out above and expressly consent to the entry by Yamaha Music Asia or any of our agents and/or authorized representatives to the premises for the purpose of exercising our rights as set out above.
      • 6.1.3. You shall not alter, and/or remove any notices or tags attached to the Goods by us to reserve our rights therein.
      6.2. In the event that you default in any payment, become insolvent and/or is in breach of this Agreement and fail to rectify the said breach within three (3) days from the date of notice from us, we shall:
      • 6.2.1. have absolute authority to re-possess, sell or otherwise deal with or dispose of any part of the Goods in which title remains vested in us and for this purpose, we or any of our agents or authorized representatives shall be entitled at any time and without notice to enter upon your premises or any other premises in which the Goods or any part thereof is installed, stored or kept, or is reasonably believed so to be for the purposes of re-possessing the Goods;
      • 6.2.2. be entitled to seek a court injunction to prevent you from selling, transferring or otherwise disposing of the Goods and to forfeit and retain all payments made by you to us pursuant to this Agreement or any other Agreement.

    7. Delivery of Goods
      7.1. Upon receipt of your Sales Order and the Sales Order is accepted, we will send you an email confirmation. Your order will be delivered on the Delivery Date & Time based on your selection during checkout. Kindly ensure someone will be present to receive your order. We will contact you to re-schedule an alternative delivery arrangement should the selected option is unavailable.
      7.2. All Goods purchased from us will only be delivered to addresses within Singapore. No delivery will be made outside Singapore or to post office boxes.
      7.3. Delivery charges are subject to prevailing goods and services tax.

      We will not deliver to P.O Box address as our delivery agent requires recipient to sign for the Goods.

      Delivery charges are subject to prevalent Goods and Services Tax (GST).

      Value of goods (with GST) Delivery charges
      Below SGD$50 $10.00 + GST
      SGD$50 and above Free

      7.4. Dates and times for delivery are an estimate only. In the event that the delivery is delayed due to any unforeseen circumstances, we shall notify you at your last known contact number or address. Yamaha Music Asia shall not be liable for any delay or any consequences arising from the delay.
      7.5. All deliveries to the address stated by you must be acknowledged by signature by yourself or a person who is at least 18 years of age. The authorised person must produce his/her NRIC at the time of delivery for our representative or authorized agent to ascertain the age and to take down the particulars.
      7.6. If no one is present to receive the Goods and a return trip is required, additional delivery charges will be chargeable for each subsequent delivery trip at Yamaha Music Asia's prevailing rates. The amount will be invoiced to you separately and payable in advance within 3 calendar days before the next delivery trip is scheduled.

    8. Pick Up at Store / Self-Collection
      8.1. Upon receipt of the Sales Order and the Sales Order is accepted, we will send you an email confirmation. The Goods ordered will not be immediately available for collection at the selected pick up store, we will contact you at a later date when the stock arrives at the requested pick up store.
      8.2. Please present the following at the selected Pick Up Store if you have opted to Pick Up at Store / Self-Collect the Goods:-
      • 8.2.1. Your NRIC or passport;
      • 8.2.2. The credit card used for the purchase (if this is not in your name, then the person whose name is on the card must also attend at the time of collection and present his/her NRIC or passport); and
      • 8.2.3. The confirmation email from Yamaha Music Asia.
      8.3. If you authorize a person who is at least 18 years old to collect the Goods on your behalf, the authorised person must present the following at the time of collection:
      • 8.3.1. Original authorisation letter endorsed by you;
      • 8.3.2. Photocopies of both, yours and the authorized person's NRIC or Passport; and
      • 8.3.3. The confirmation email from Yamaha Music Asia. Yamaha Music Asia will retain items 8.3.1. and 8.3.2.
      8.4. We will send you a reminder to your email address if the Goods are not collected within 7 days from the date on which the Goods are ready for collection. If you still do not collect your purchases within 14 days from the date of the reminder, we may impose storage and administration charges at Yamaha Music Asia's prevailing rates. Yamaha Music Asia reserves the rights not to entertain the collection or fulfill the Sales Order should the Goods remain uncollected after 2 months from the date the Goods were ready for collection and to return you any monies paid less the storage and administration charges and/or to claim against you for any balance outstanding administration and storage charges. Yamaha Music Asia shall not in any event, be liable for any loss or damage as a result of the non-delivery pursuant hereto.
      8.5. You may be disallowed to place any further Sales Orders for any Goods unless and until you make full payment of the administrative and storage charges in addition to any other loss and damage suffered by us.

    9. Installation of Goods
      9.1. Installation of Goods purchased, if required or requested, will be charged separately at Yamaha Music Asia's prevailing rates provided always that additional charges may be imposed for multiple trips or delay in installation through no fault of Yamaha Music Asia and/or circumstances beyond our control. Notwithstanding the above, the installation dates are estimates only and we shall not be liable for direct, indirect or consequential loss or damage arising from late or non-installation of Goods purchased, as the case may be.

    10. Cancellation of Sales Order
      Cancellation of Sales Order by customer is not allowed once the Sales Order has been submitted to Yamaha Music Asia.

    11. Return and Exchange of Goods
      11.1. All Goods sold are non-returnable unless damaged by Yamaha Music Asia or materially not in conformance with the specifications at the time of delivery or self-collection.
      11.2. You shall inspect the purchased Goods immediately upon delivery or collection of the Goods and shall within seven (7) calendar days from such delivery or collection, give notice in writing to us if any Good is found to have been damaged or not in accordance with the specifications.
      11.3. In the absence of such notice within the 7 calendar days, the said purchased Goods shall be conclusively deemed to be in accordance with the Agreement in all respects and you shall be bound to accept and pay for the same accordingly.
      11.4. Any request for return or exchange of Goods is subject to investigation by Yamaha Music Asia and will not be entertained if (i) the request is received more than 7 calendar days after delivery or self-collection; (ii) the Goods are damaged due to causes not attributable to Yamaha Music Asia; (iii) the value of the Goods is considerably lowered by use or consumption; (iv) the Goods are/have been modified/repaired or handled by third parties and/or not in the original specifications; (v) restriction on the return or exchange of the Goods is explicitly notified at the sale of the Goods; or (vi) returning the Goods is restricted under applicable laws and regulations.
      11.5. You may return the Good only upon confirmation by Yamaha Music Asia in writing.
      11.6. You will not be charged for the transportation cost for the return or exchange of Goods if the defects in the Goods or mistakes in delivery is caused by Yamaha Music Asia. Yamaha Music Asia shall refund, upon request, shipping cost which you have prepaid for the return of the Goods at the time of sending the Goods for return.
      11.7. Upon receipt of the returned Goods, we may opt to either send you similar goods of equivalent value in exchange or refund you the payments received from you (without interest) from the date of confirmation by Yamaha Music Asia. For payments made by credit card, the refund will be made by a card refund. Refund will be made via cheque for all other modes of payment.
      11.8. Yamaha Music Asia shall not be liable for any other loss or damage save as is agreed by us in the Agreement.

    12. Warranty on Goods
      12.1. Any warranties attached to the Goods will be as contained in the accompanying warranty card. All other warranties, conditions and terms implied by a statute or common law are excluded to the fullest extent permitted by law.
      12.2. You agree that Yamaha Music Asia's sole liability under any warranty is to either repair or replace the Goods in question. In the event the Good is beyond repair, Yamaha Music Asia may replace with its equivalent.
      12.3. Unless otherwise agreed or directed by Yamaha Music Asia, the Goods will have to be brought to our Service Centre and the replacement or repaired Goods are to be collected by you personally or by a person authorized by you. Deliveries by Yamaha Music Asia can be arranged and all labour and transport charges, are to be paid fully by you upon delivery of the Good to you, unless otherwise stated.
      12.4. This warranty is only valid in Singapore and to you as the original end-user purchaser and shall not be transferable or assignable to any third party.
      12.5. The decision of Yamaha Music Asia on all issues relating to defect

    13. Repairs/Maintenance/Servicing
      13.1. Unless otherwise agreed or directed by Yamaha Music Asia, the Goods will have to be brought to our Service Centre and collected by you personally or by a person authorized by you on completion of service or repair. Deliveries by Yamaha Music Asia can be arranged and all labour and transport charges, together with any repair charges, are to be paid fully by you upon delivery of the Good to you, unless otherwise stated.
      13.2. All Goods sent in for repairs, maintenance or servicing must be collected within three (3) months of notification by Yamaha Music Asia, failing which we shall have the right to sell the Good and recover any costs and expenses incurred, including but not limited to the servicing or repair and storage charges.

    14. Notices
      14.1. Except as explicitly stated otherwise, any notice to you shall be emailed, delivered by hand or registered mail to the address you have provided to Yamaha Music Asia in the Sales Order and any notice to Yamaha Music Asia shall be emailed to [address] or delivered by hand or registered email to our registered office. Notice shall be deemed given 24 hours after the email is sent, at the time of delivery if delivered by hand and 5 days if sent by registered mail. Yamaha Music Asia bears no responsibility and emails sent by Yamaha Music Asia shall be deemed to have been given if the email address or address given by you is invalid or the email was rejected by your end or undelivered due to technical constraints beyond our control.

    15. Copyright
      15.1. All Contents in the Site are owned by Yamaha Music (Asia) Private Limited and/or its related corporations and/or its licensors. Save for the purposes of submitting Sales Orders, no part or parts of the Contents may be reproduced, distributed, copied, adapted, modified, republished, displayed, broadcast, performed, transferred, sold, hyperlinked, "mirror", framed, transmitted, used to create derivative works from or stored in an information retrieval system for any other purposes or used in any other manner or means without prior written permission of Yamaha Music Asia.
      15.2. You may, however, download and print the Contents for personal, non-commercial use only provided you do not modify, re-transmit, distribute or further reproduce the Contents and all copyright and other proprietary notices contained in the Contents are wholly preserved.

    16. Trademarks
      16.1. The above "Yamaha" name and tuning fork logo form the registered trademark owned by Yamaha Corporation, Japan and may not be used in any way without the prior written permission of Yamaha Corporation, Japan.
      16.2. Yamaha Music Asia and Yamaha Corporation, Japan prohibit the use of the trademarks as a "hot" link or deep link to any site unless the establishment of such link is approved in advance by Yamaha Music Asia in writing.

    17. Goods Display
      17.1. Yamaha Music Asia attempts to display the Goods on the Site as accurately as possible. However, we cannot guarantee that the colours you see matches the actual colours of the Goods or all views of the Goods are reflected due to technical and space constraints. You are welcomed to attend at our retails outlets to view and test the Goods, if preferred.

    18. Links to Third Party Sites
      18.1. The Site may contain links to or reference to other websites that may be accessed or which may originate outside the boundaries of the Site and which information Yamaha Music Asia will have no control. Therefore, Yamaha Music Asia shall have no obligation or responsibility regarding any content derived, obtained, accessed within, through or outside the Site. Yamaha Music Asia's links to such websites does not imply any warranty, endorsement or verification of the contents on such websites or any association with their operators and such websites shall be accessed at your own risk.

    19. Third Party Services
      19.1. Yamaha Music Asia may offer a variety of third party services from the Site. These include but are not limited to online payment gateways, freight forwarding, examination, authentication and personal shopping of Goods. When you choose to use any of these services, we will need to provide some of your information to the third parties in order for them to assist you. These third party suppliers and service providers facilitate and complement our services to make the transactions a more pleasant experience to you. You hereby confirm that by submitting the Sales Order, you are agreeing to the disclosure of your personal information to such third party service providers.

    20. Liability Disclaimer
      20.1. This Site is provided "as is" without warranty of any kind. Yamaha Music Asia hereby disclaims all warranties with regard to the Site, including without limitation, its reliability, completeness, accuracy, timeliness, all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement of third party rights to the furthest extent permitted by law.
      20.2. Notwithstanding any provisions to the contrary, Yamaha Music Asia shall not be liable, to the furthest extent permitted by law, for any actual, direct, special, indirect or consequential damages, loss of use, loss of profits, economic loss or any damages whatsoever whether in an action on contract, negligence or other tortious action, arising out of or in connection with:-
      • 20.2.1. any access to, use or inability to access or use the Site, any delays or reliance on the Contents;
      • 20.2.2. any system, server or connection failure, error, omission, interruption, delay in transmission, or computer failure;
      • 20.2.3. any use of or access to any other website linked to the Site, the accuracy or reliance on the Contents or any output from the Site;
      • 20.2.4. any malware, computer virus or other malicious, destructive or corrupting code, programme, macro or the like in the Site; regardless whether Yamaha Music Asia had been advised of or could have foreseen the possibility of such loss or damage.

    21. Force Majeure
      21.1. Yamaha Music Asia shall be under no liability to you for any claims, delay, loss or any other damage arising out of war, rebellion, civil commotion, strike, look-outs, industrial disputes, fire, explosion, earthquake, flood, drought, or bad weather, act of God, the unavailability of the Goods or any parts thereof or the requisitioning or other act or order by any governmental authorities and any other circumstances or happenings beyond our control.

    22. General
      22.1. By accessing and/or using the Site, you agree that Singapore law (including without limitation, the provisions of the Evidence Act (Cap. 97) and the Electronic Transactions Act (Cap. 88) shall govern such access and use and you agree to submit to the non-exclusive jurisdiction of the Singapore courts without regard to any conflict of law provisions. A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of the terms of the Agreement.
      22.2. Any provision of the Agreement prohibited by law or by court decree shall be ineffective to the extent of such prohibition, but such provision shall not in any way invalidate or affect the remaining provisions of this Agreement.
      22.3. Failure or neglect by Yamaha Music Asia to enforce at any time of the provisions hereof shall not be construed nor shall be deemed to be a waiver of our rights herein nor in any way affect the validity of the whole or any part of this Agreement nor prejudice our rights to take subsequent action.