GENERAL CONDITIONS OF SALE


1. Scope


1.1 Garmin Italy Technologies S.r.l. a socio unico, an Italian company, with head office at Corso Magenta 43, 20122 Milan, Italy, Fiscal Code and Register of Enterprises of Milan No. 00260950456, V.A.T. number No. 01661250462 (“Garmin”) invites you to read carefully these General Conditions of Sale (“GCS”) which regulate the purchase of Navionics® products (“Products”) via the website www.navionics.com and the Navionics mobile and desktop applications (the website and the mobile and desktop applications are hereinafter collectively referred to as the “Services”).


1.2 Please note that your use of any Product is regulated also by the End User License Agreement (“EULA”), which is available at https://www.navionics.com/la. Your use of the Services is also subject to our Terms of Use. We also encourage you to read the Navionics Privacy Policy.


1.3 Garmin reserves the right to amend periodically these GCS by publishing an updated version on the Services. Your use of the Services after publishing said amendments will constitute the acceptance of the same.



2. Entering into an Agreement


2.1 You can place an order on the Services for the purchase of a Product if you are aged 18 or over.


2.2 The acceptance of each purchase order is subject to the effective availability of the related Product. The Products offered may not be available or may only be available in limited quantities.


2.3 When making a purchase order for Products on the Services, you must follow the instructions on the Services that describe how to make your order and to make changes to your order before submitting it.


2.4 By clicking “Purchase," you place a binding order relating to the Products contained in the virtual basket, accepting the GCS as of the date you submit your order. Once the order is submitted and the related payment has been made, Garmin will send you an email for the confirmation of the order. The sale agreement shall be concluded between Garmin and the user once the latter receives the confirmation of the order.


2.5 Garmin reserves the right to refuse an order, wholly or partially, in the following cases:

 

  • • if the Product is not available;
  • • if your billing information is not correct or not verifiable;
  • • if your order is flagged by the security systems as suspicious or potentially fraudulent;
  • • if we have reason to believe you are under 18 years of age;
  • • if it is impossible to deliver to the address provided by you or you have provided us with an incorrect address or an address outside the countries where Garmin ships the Products as specified within the Services.

 

Should the user not receive the confirmation of the order or should the order be cancelled by Garmin within two working days, the related order shall be deemed as denied by Garmin and, therefore, ineffective.



3. Prices; Shipping Charges


3.1 The sale price of each Product is that published on the Services at the moment you submit the related purchase order. The price is confirmed by the e-mail by which Garmin confirms the receipt of the purchase order.


3.2 All the published prices are in Euros or possibly in the local applicable currency and inclusive of VAT, if applicable. When contemplated, the shipping charges initially are indicated separately; said charges are indicated at the moment of the preparation of the purchase order and are included in the total price displayed in the order. In the case of delivery in countries outside the EU customs duties, taxes and other levies that may apply shall be borne by the user.


3.3 In case Garmin becomes aware of a manifest error in the indication of the price of the ordered Products or the shipping charges, you will be immediately informed and will be offered the possibility to confirm the order at the corrected price or to cancel it. Unless dispatch of your order has been confirmed, Garmin will not be obliged to supply products at the incorrect price. If you elect to cancel the order, Garmin will reimburse the paid amount within 14 days from the receipt of the communication by which the user informs Garmin about his decision to cancel the order.


Garmin may release discounts or promotional vouchers within promotional campaigns. These cannot be bought and can be used for a limited period of validity, as may be indicated in each promotional voucher or campaign.


Certain Products may be excluded from voucher promotions. The use of promotional voucher may be subject to a minimum amount and in general, to any further restrictions made available by Garmin within the related promotional campaign.


The value of the Product(s) bought must be equal or higher than the value of the promotional voucher. If the credit of a promotional voucher is insufficient for the order you wish to make, you may make up the difference through one of the payment methods accepted. The credit of a promotional voucher does not accrue interest nor does it have a cash value. The promotional vouchers will not be reimbursed if you decide to return, partially or totally, the Products ordered. The promotional vouchers can be used only if the order is finalized, cannot be used retroactively and cannot be assigned to third parties. Unless stated otherwise, promotional vouchers cannot be used in conjunction with other promotional vouchers for the same order.


3.4 We currently accept the following credit cards:



3.5 By using a credit/debit card to pay for your order, you warrant and confirm that the card being used is yours or that you are authorized to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment we will not accept your order, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.



4. Delivery


4.1 Products can be shipped only to the countries indicated in the list available within the Services, which may be updated periodically.


4.2 Garmin will use all reasonable efforts to deliver the Products ordered within the timescales indicated on the order confirmation. Generally, unless stated otherwise, the delivery takes from one to five working days from the moment Garmin receives your order. In any case, such timescales are not guaranteed delivery times and should not be relied upon. Erroneously communicated addresses are the responsibility of the user and may lead to extra charges that will be recovered from the user.



5. Title Retention


5.1 Garmin will retain title in the sold Products until receipt of the payment of the Products and of any shipping charges.



6. Right of Withdrawal and Refund Policy


6.1 You, as Consumer, have the statutory right to withdraw from this agreement without any penalty and without giving any reason, within 30 days from the day on which you or a third party indicated by you acquires physical possession of the goods. In the case of multiple goods ordered by you in one order and delivered separately, the withdrawal term will expire after 30 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the last of the Products. “Consumer” means any natural person who is acting for purposes which are outside his trade, business, craft or profession.


Without prejudice to your statutory rights, Garmin provides you with the right to return the Products within 30 days from the date you or a third party indicated by you acquires physical possession of the goods under the same conditions as set out below for the statutory withdrawal right.


6.2 In order to exercise the right of withdrawal or cancellation, you shall inform Garmin about your decision to withdraw from this agreement by means of the “Return Procedure” which you may access via the Services.


To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.


6.3 If you withdraw from or cancel this agreement, Garmin will reimburse to you all payments received from you, including the cost of delivery (except for supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).


Garmin will make the reimbursement without undue delay and not later than 14 days from the day on which you completed the “Return Procedure.”


Garmin will carry out such reimbursement using the same means of payment used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.


Garmin may suspend the reimbursement until it has received the goods back in order to check the status of the Products returned.


6.4 You shall send back or deliver the Products to Garmin to the address which will be indicated during the “Return Procedure,” without undue delay and in any event not later than 14 days from the day on which you complete the “Return Procedure.” The return of the Products will be at your own cost, unless stated otherwise by Garmin. The deadline is met if you send back the goods before the period of 30 days has expired. You will have to bear the direct cost of returning these goods.


6.5 The right of withdrawal does not apply in the event of delivery of goods:

 

  • • made to the Consumer’s specifications or clearly personalized;
  • • that are not suitable for returns for reasons involving health protection or hygiene if their seal has been broken post-delivery;
  • • which are, after delivery, according to their nature, inseparably mixed with other items;
  • • consisting in sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.

 

7. Guarantee and Liability


7.1 If a Product is physically damaged or defective, Garmin will repair, exchange or refund the purchase price of the Product, as appropriate, in accordance with your statutory rights and warranty.


7.2 Our policy on defective Products does not affect your legal rights.


7.3 If you believe a Product bought from Garmin is defective, you must contact the Help Service, by sending an email to the following address: [email protected] or by contacting Garmin through the “Live Chat” service, available within the online help page.



8. Contacts


8.1 All the communications can be sent to the following address: [email protected] or by contacting Garmin through the “Live Chat” service, available within the online help page.



9. Protection of Personal Data


9.1 Garmin provides information about its processing of personal data in the Navionics Privacy Policy, which may be modified by Garmin in its sole discretion from time to time. We encourage you to review the Navionics Privacy Policy, which can be found in the Services or at https://www.navionics.com/legal/privacy-policy.



10. Applicable Law and Jurisdiction


10.1 These GCS shall be governed exclusively by Italian law.


10.2 Without prejudice to the application of mandatory provisions, you submit to the exclusive jurisdiction of the court of Milan, Italy to settle any dispute which may arise under these GCS. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.


10.3 If you are a Consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. We both agree to submit to the non-exclusive jurisdiction of the courts of the district of Milan, Italy, which means that you may bring a claim to enforce your consumer protection rights in connection with these GCS in Milan, Italy or in the EU country in which you live.



Last updated: 4 October 2022