Terms and Conditions
1. Status of terms
1.1 These terms constitute a legal document ("the Agreement"), which sets out the rights and obligations of you as a user or purchaser ("you") and those of Polygon Direct (UK) Ltd ("Yamax UK", "we" or "us") in relation to the products and services offered by us through this website or any of the other websites owned by us (“the website”). By using the website, ordering products from us or registering for Yamax UK services, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use the website or any of our services.
1.2 You agree to: provide true, accurate, current and complete information about you as prompted by any of our online forms. If you provide any information that is untrue, inaccurate, not current or incomplete, or Yamax UK has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yamax UK has the right to cease supply and refuse you any and all current or future use of the Yamax UK website (or any portion of it) and any affiliate websites/stores.
1.3 We reserve the right to: modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or change the Agreement from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Agreement has been changed. If you do not agree to any change to the Agreement then you must immediately stop using the website.
1.4 By placing an order through the website, you warrant that you are legally capable of entering into binding contracts.
1.5 You should print a copy of these terms and conditions for future reference.
2. Written communications
2.1 Applicable laws require that some of the information or communications we send to you should be in writing. By accessing our website, you accept that communication with us will be primarily electronic through e-mail or notices posted on our website. For contractual purposes, by accessing this website you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights
3. Placing an order
3.1 A notice will be displayed on your web browser before you submit an order with Yamax UK. This contains important information such as a description, price and delivery charges of the good or services ordered. We suggest that you print off a hard copy of the notice or save a copy to your hard drive for your own records.
3.2 You place the order for your products on the website by pressing the confirm order button at the end of the checkout process. After placing your order, you will receive an automated acknowledgement. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm acceptance to you by confirming that your order has been dispatched. Once we accept your order, a contract to purchase and deliver goods takes effect between you and Yamax UK.
3.3 The contract to sell goods to you only relates to those goods listed in the confirmation email. We will not be obliged to sell any other goods which may have been part of your order until the dispatch of your goods has been confirmed in a separate confirmation email.
3.4 We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up-to-date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position at the moment you place an order. In the event the products ordered are not as described, Yamax UK will give you the right to reject the goods within a reasonable time period for a full refund.
3.5 The website contains a number of goods and it is possible that, despite our best efforts, some of the goods listed on the website may be incorrectly priced. If we discover an error in the price of the goods you have ordered, we will inform you as soon as possible. We will give you the option of reconfirming your order at the correct price or cancelling it.
3.6 We are under no obligation to sell incorrectly priced goods to you at the incorrect price if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.
3.7 Goods being delivered to you will be at our risk from the time of dispatch until the time of delivery to you.
3.8 All prices shown are inclusive of VAT at the applicable rate, as defined by HM Revenue & Customs. Should the applicable VAT rate change, Yamax UK reserve the right to adjust retail prices accordingly. For items which are placed on back order, VAT will be charged at the applicable rate at the time of dispatch.
3.9 You agree that we may use personal information provided by you in the course of placing your order to conduct any appropriate fraud checks. As part of these checks, personal information that you have provided may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
3.10 When placing an order on our website you agree to receive marketing communication from Yamax UK. If you wish to unsubscribe you may do so by clicking the unsubscribe link on any of our email newsletters or calling us on 0333 700 1966.
3.11 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
4. Returns and cancellation policy
4.1 Subject to the right of consumers to return goods for refund under the Sale of Goods Act 1979 and the Consumer Contracts Regulations 2013, Yamax UK does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
4.2 Yamax UK offers customers the opportunity to return goods up to 30 days after receipt (“the Returns Period”), subject to the terms and conditions in our returns policy.
4.3 You must prior to returning any goods received, contact our Customer Services Department on 0333 700 1966 or complete a model cancellation form which may be used to inform us of your intention to return a product and/or cancel an order. Failure to contact us in respect of a return or cancellation in line with one of the methods set out above will result in a delay in processing your refund or the product being returned to you. All authorised returns must be returned to Polygon Direct (UK) Ltd, Returns Dept. The Hearne, Wenlock Road, Tasley, Bridgnorth, Shropshire WV16 5AZ.
4.4 If you exercise your right to cancel your order after the goods have been dispatched and received by you, you will be responsible for returning the goods to Yamax UK at your own risk and cost, and you should return them within 14 days. Therefore, we strongly recommend you use an insured delivery method, such as Royal Mail Special Delivery. For items which cannot ordinarily be returned by post, we will at your request use our reasonable endeavours to arrange a courier to collect the goods; the estimated maximum cost of this would be £10 per item. (See 4.9 below in relation to the return of faulty goods.)
4.5 All returns are subject to the following conditions, except where the goods are faulty or incorrectly described on the website.
- Your product must be complete, including all accessories, in its original box/packaging and in 'as new' condition (e.g. if you have opened the box to examine the product you must have done so without damaging or marking the product or packaging). We may accept returns within the Returns Period that do not fully comply with this requirement, but this will be subject to agreeing a restocking charge to cover the loss that we might reasonably expect to incur in reselling the item(s).
- Software, memory cards and DVDs can only be accepted if still sealed. This policy is to avoid any potential breach of the Copyright, Designs and Patents Act (CDPA) 1988. All opened software is exempt from return under the terms of the Consumer Contracts Regulations 2013. Software that arrives damaged or is physically faulty may be returned under our normal returns policy.
- A proof of purchase must be supplied.
- You must return any free gifts which came with the product.
- We will not refund any items that have been specially ordered to your individual specification or personalised.
4.6 Until such time as you return the goods to us you must take reasonable care of the item(s). Any use of or damage to the delivered goods or product packaging beyond that necessary to inspect the goods upon delivery may result in you incurring a restocking charge to cover the loss that we might reasonably expect to incur in reselling the item(s).
4.7 Subject to 4.6 above, if you exercise your right to cancel your order within 30 days (where the goods are not found to be faulty), we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Please see an example of this in our after sales information page.
4.8 You will always have the option of an exchange or refund if the fault occurs within 30 days of delivery. If there is a fault with your product within six months of delivery but after the first 30 days, we will offer a repair in the first instance. As an exception you may be offered an exchange or full / partial refund. After six months but within 12 months we will offer a repair only. In all cases we reserve the right to inspect the product and verify the fault and, if no fault is found, return the product to you. In these circumstances, no refund will be processed until the returned goods have been received by us and an appraisal made as to any fault. This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear.
If you return goods claiming they are defective, we will examine the returned goods and will notify you of your refund via e-mail within a reasonable period of time. We will process the refund due to you as soon as possible and, in any case within thirty (30) days of the day we confirm via e-mail that you are entitled to a refund for defective goods.
If a refund or reimbursement is payable to you, we will offer to transfer the money back into the PayPal account originally used or send a cheque or refund to your credit card.
4.9 Any refund due to a fault or other defect within the first six months following purchase will include a refund of the delivery charge. In such circumstances we will pay your costs of returning the goods to us (up to £10 in the UK and £20 outside the UK). Beyond six months you will be responsible for covering the costs of returning the goods. We strongly recommend you use an insured method such as Royal Mail Special Delivery. Replacement goods are sent by standard delivery only (i.e. premium services are not available).
4.10 Refunds will be processed within 30 days of receipt of the returned products or sooner.
4.11 You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. This applies to all goods that are returned.
Our returns policy does not affect your statutory rights. DETAILS OF YOUR STATUTORY RIGHTS ARE AVAILABLE FROM THE CITIZENS ADVICE BUREAU OR CONSUMER DIRECT.
5.1 Details of our delivery service are set out here.
5.2 Yamax UK shall not be liable for any losses, costs, damages, charges or any expenses caused by any delay in the delivery of goods.
6. Complaints handling procedure
6.1 In the unlikely event that you have any complaints as to our service or any of the goods and services supplied to you from our site, please contact us by either:
- Using our Online Contact Form
- Email: firstname.lastname@example.org
- Phone: 0333 700 1966
or write to:
Polygon Direct (UK) Ltd,
Shropshire WV16 5AZ.
All complaints are taken seriously and will be investigated as soon as they are brought to our notice. We will endeavour to rectify any problems as soon as possible.
7.1 Yamax UK shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on the website s and specifically excludes all such liability.
7.2 Certain links in this website (typically a banner advert or icon) will lead to other website s, which are not under the control of Yamax UK. When you activate any of these links you will leave the Yamax UK site and Yamax UKt has no control over and will accept no responsibility or liability for the material on any site, which is not under the control of Yamax UK.
8. Limitation of liability
8.1 Warranty and limitation of our liability
8.1.1 If we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the goods and any proven losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
- loss of income or revenue;
- loss of business;
- loss of profits;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time.
Nothing in these terms and conditions are intended to exclude or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
- defective products under the Consumer Protection Act 1987;
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Nothing in these terms and conditions are intended to affect your statutory rights.
8.2 Events outside our control
8.2.1 We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations to you that is caused by events outside our reasonable control (a Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks; or
- The acts, decrees, legislation, regulations or restrictions of any government.
8.2.2 In the event of a Force Majeure Event, our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations to you may be performed despite the Force Majeure Event.
9.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
9.2 You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
10.1 Intellectual property rights in any software or any other copyrighted materials ("Software") and supporting documentation supplied by us to you remain our property or that of our licensors.
10.2 Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced from time to time) you shall not and shall not permit any other person to: disassemble, reverse engineer, decompile or in any other way interfere with the Software; copy or modify the Software; or create any new Software partly or wholly based on the Software.
10.3 Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.
10.4 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
11. Other terms
11.1 Indemnity: You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Agreement by you or any other liabilities arising out of your use of the website s, or the use by any other person accessing the website using your shopping account and/or your personal information.
11.2 Severance: If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Agreement and shall not affect the validity and enforceability of any of the remaining provisions of the Agreement.
11.3 Waiver: No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
11.4 Survival: Each provision of the Agreement shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
11.5 Entire agreement: This Agreement governs our relationship with you. Any changes to this Agreement must be in writing and signed by both parties. You confirm that, in agreeing to accept the Agreement, you have not relied on any representation save insofar as the same has expressly been made a term of this Agreement and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Agreement. In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
12. Online vouchers
Terms and conditions applicable to Yamax UK online vouchers:
12.1 Only one voucher code is permitted per order.
12.2 Voucher codes may only be redeemed on the website toward the purchase or delivery of products. Voucher codes cannot be redeemed over the phone, unless otherwise stated. See the voucher-code-specific terms and conditions for more details.
12.3 Please note that a minimum purchase may apply to voucher codes and be exclusive of postage and packing costs.
12.4 Voucher codes cannot be used retrospectively, i.e. applied to orders already placed with us.
12.5 Certain products may be exempt from voucher-code promotions. For example, money-off voucher codes cannot be used against the purchase of Yamax UK Gift Vouchers in any case. See the voucher-code-specific terms and conditions for more details.
12.6 Yamax UK reserves the right to cancel/remove voucher-code promotions at any time.
12.7 Please note that voucher codes cannot be used in conjunction with any other voucher-code offer.
12.8 Voucher codes for free delivery only apply to the UK mainland.
12.9 All voucher codes may be subject to further conditions. Check individual voucher code terms and conditions for those that apply.
12.10 Unless otherwise stated with eligible dates, all promotions are subject to availability.
12.11 In the event of an eligible date being supplied and circumstances beyond our control meaning that the offer will not be valid, Yamax UK may revoke the eligible date and cancel the promotion or offer, or amend the offer without notice. This does not affect your statutory rights.
12.12 All promotions may be subject to further conditions, geographical exclusions and delivery charges. Check individual promotion terms and conditions for those that apply.
13. Battery recycling scheme
13.1 You can find your local waste portable battery recycling facility at www.recyclenow.com
13.2 Most supermarkets and shops that sell batteries will have collection bins for used batteries, and some town halls, libraries or schools may also set up collection points. End-users may find stores in their local area more accessible.
14. WEEE recycling scheme
14.1 Yamax UK is not a Member of the Government's WEEE DTB Scheme (Waste Electrical and Electronic Equipment Distributor Take Back).
14.2 Your nearest collection point can be found by visiting the following website and entering your postcode: http://www.recycle-more.co.uk/banklocator/banklocator.aspx
15. Matters beyond our reasonable control
15.1 Yamax UK shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightning, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
16. Safety Warning
16.1 Physical activities can be hazardous. The selection and use of suitable equipment requires skill, and you should ensure you are appropriately equipped and trained. In the interests of your safety and the safety of others, you should also ensure that you are properly trained in the techniques you will need to employ in pursuit of your chosen activity. We recommend that you seek and take the advice of a suitably qualified person before purchasing your equipment. Once purchased, the equipment should only be used in accordance with the manufacturer's instructions and should likewise be inspected before use and properly maintained. Nothing in this notice affects your statutory rights.
17. See a doctor before starting any exercise program
17.1 You don't need a doctor to tell you that exercise is essential for a healthy life. But if you don't already exercise, your doctor may need to advise you if it's safe to start.
Most people can safely take up walking. But it's best to check with your doctor before starting if:
If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
If you think you may be suffering from any medical condition, you should seek immediate medical attention.
If you answer yes to any of the questions below, we would recommend you consult your doctor before starting any exercise program.
- Do you feel pain in your chest when you do physical activity?
- Have you been told by your doctor that you should only do physical activity recommended by a doctor because you have a heart condition ?
- Have you had any chest pain in the past month when not doing physical activity?
- Do you lose your balance as a result of dizziness or do you ever lose consciousness/collapse?
- Do you have a bone or joint problem (eg back, knee, or hip) that could be made worse by exercise?
- Is your doctor currently prescribing medication for your blood pressure or heart condition?
- Do you know of any other reason why you should not do physical activity?
- Are you are extremely unsteady on your feet?
- Do you have dizzy spells or take medicine that makes you feel dizzy or drowsy?
- Do you have a chronic or unstable health condition, such as heart disease (or several risk factors for heart disease), asthma or another respiratory ailment, high blood pressure, osteoporosis, or diabetes.
17.2 Limiting our liability
Nothing in this medical disclaimer will:
(a) limit any of our liabilities in any way that is not permitted under applicable law; or
(b) exclude any of our liabilities that may not be excluded under applicable law.
We at Yamax UK would always recommend you consult your doctor before taking up any exercise.
18. Place of performance and applicable law
18.1 Yamax UK is a trading name of Polygon Direct (UK) Ltd. Polygon Direct (UK) Ltd is a company registered in England and Wales (Registered Number 08759219, VAT number 467978568). Unless otherwise specified, the materials on our website are directed solely at those who access this site from the United Kingdom mainland. Yamax UK makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access our website from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. This Agreement is governed by English law. You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement.
18.2 For all orders for delivery outside of mainland UK, Northern Ireland, the Channel Islands and the Isle of Man, all ownership, title and risk in goods will pass to you immediately at the point and time at which such goods are placed at your disposal at our premises in the UK. The prices payable for goods as set out on our website are inclusive of UK VAT, but exclusive of local taxes, import duties and clearances. You acknowledge and agree that Yamax UK has no liability to you in respect of any such taxes including VAT, duties or clearances which may become payable, after the goods have been placed at your disposal at our premises in the UK.