Navionics srl 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 (“Navionics”) invites you to read carefully these general conditions of sale (“GCS”) which regulate the purchase of (i) Navionics products, which mean a Navionics electronic chart product containing cartographic, touristic and similar information, and related application software, provided on a memory card or as an “app” installed on a hardware device as well as (ii) products of Navionics’ partners (hereinafter collectively referred to as “Products”) and the management of the related orders submitted via the website www.navionics.com and the mobile applications of which Navionics is the owner (“Services”).
Please note that the purchase of Navionics products referred to in the point (i) above, is regulated also by the End User License Agreement (“EULA”), which the user reads and accepts at the moment of buying the products.
Navionics reserves the right to amend periodically these CGV by publishing an updated version on the Services. The use of the Services after publishing said amendments will determine the acceptation 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 on the Services could not be available or 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 CGS current at the date you submit your order. Once the order is submitted and the related payment has been made, Navionics will send you an email for the confirmation of the order. The sale agreement shall be concluded between Navionics and the user once the latter receives the confirmation of the order.
2.5 Navionics 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 up by the security systems as an unusual order or as an order virtually fraudulent;
- if we have reason to believe you are under 18;
- 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 Navionics ships the Products as specified within the Services.
Should the user not receive the confirmation of the order or should the order be canceled by Navionics within two working days, the related order shall be deemed as denied by Navionics 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 Navionics 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 Navionics 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. In this latter case, Navionics will reimburse the paid amount within 14 (fourteen) days from the receipt of the communication by which the user informs Navionics about his decision to cancel the order.
3.4 Navionics may release discounts or promotional vouchers within promotional campaigns. These cannot be bought and can be used for a limited period of validity.
3.5 Certain Products may be excluded from voucher promotions. The use of promotional voucher could be subject to a minimum amount and in general, to any further restrictions made available by Navionics within the related promotional campaign.
3.6 The value of the Products 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.
3.7 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.
3.8 We accept the following credit cards through Braintree payment gateway:
We accept the following credit cards through Worldpay payment gateway:
4.1 Products can be shipped only to the countries indicated in the list available within the Services, which can be updated periodically.
4.2 Navionics 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 of the order fulfilment. 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
Navionics 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 right to withdraw from this agreement without any penalty and without giving any reason, within 30 (thirty) days from the day on which you or a third party and 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 (thirty) 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.
6.2 In order to exercise the right of withdrawal, you shall inform Navionics about your decision to withdraw from this agreement by means of the “Return Procedure” to 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 this agreement, Navionics 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).
Navionics will make the reimbursement without undue delay and not later than 14 days from the day on which you completed the “Return Procedure”.
Navionics 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.
Navionics 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 Navionics 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 Navionics. The deadline is met if you send back the goods before the period of 30 days has expired.
6.5 The right of withdrawal does not apply in the event of delivery of goods:
- made to the consumer’s specifications or clearly personalised;
- 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 The provisions of the legal guarantee set out in the Consumer Code (“Legal Guarantee”) shall apply to this agreement when the buyer of the Products is a consumer as defined in the article 6.1 above.
7.2 Legal Guarantee, which Navionics is bound to as seller, guarantees the Product is free from conformity defects. Navionics is liable for conformity defects which appear within two years from the delivery of the Product. However you must report any conformity defect within two months from its discovery.
7.3 If you discover a conformity defect of the Products bought by Navionics during the validity period of the Legal Guarantee, you must contact the Navioics Help Service, by sending an email to the following address: email@example.com or by contacting Navionics by the “Live Chat” service, available within the online help page.
All the communications can be sent to the following address: firstname.lastname@example.org or by contacting Navionics by the “Live Chat” service, available within the online help page.
9. Protection of personal data
By accepting these CGV, you declare to have read, understood and fully accepted the provisions which regulate the protection of personal data, included in the specific section available within the Services.
10. Applicable law and jurisdiction
These CGV shall be governed exclusively by Italian law.
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 CGV.
Last updated Nov 10, 2017