Terms and Conditions
1.1 Garmin.com (the “Site”) is operated by Garmin International, Inc. and its affiliates (“we” and “us”).
1.4 The terms contained in this document (“Terms and Conditions”) apply to all transactions for the purchase of products from the Site and your subsequent use of such products. Please read these Terms and Conditions carefully before ordering from the Site. By ordering any products from the Site you are indicating your acceptance to be bound by these Terms and Conditions. They form a legal agreement between you and us and can only be amended with our consent.
1.5 We reserve the right to change these Terms and Conditions from time to time without prior notice by changing them on the Site, provided that any such change will not affect any purchases you have made before the change is implemented.
2.1 You may place an order to purchase a product advertised for sale on the Site by following the onscreen prompts after clicking on the product you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order
2.2 All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.
2.3 After submitting an order to us, you will be sent an order acknowledgement email. Please note, this email is an acknowledgement and is not an acceptance of your order.
2.4 If your order includes products which are not available from stock, we will contact you to provide you the option to either wait until the products are available from stock or cancel your order.
2.5 Acceptance of your order and the formation of a contract between us will take place when we send you an email confirming that the products you have ordered are being shipped to you, unless we have notified you that we do not accept your order or you have already cancelled it.
2.6 You can check the status of an outstanding order at any time by locating the relevant order after logging into the ‘Your Account’ section of the Site, using the username and password which you will have been asked to create to become a registered customer of the Site.
3. Prices and Payment
3.1 The prices of products advertised for sale on the Site are as set out on the Site. All prices are in United States Dollars, and exclude delivery charges. Delivery charges, where applicable, are set out in Delivery Information below.
3.2 Prices may change at any time prior to (but not after) acceptance of your order.
3.3 We cannot accept your order until you have paid for it in full. Payment can be made by most major credit or debit cards by completing the relevant details on the checkout page.
3.4 In the unlikely event that the price of a product has been incorrectly advertised on the Site, we will contact you to ask whether you wish to proceed with the order at the correct price. If you do not want to proceed with the order, or we are unable to obtain your instructions, we will cancel the order. We will not be obliged to supply products at an incorrect price, even if we have already confirmed your order.
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, if not yours, you are authorized to use such card. All credit/debit card transactions 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.
3.6 We recommend that you do not communicate your payment card details to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or email. Any such loss shall be entirely your responsibility.
4. Delivery Information
4.1 Any delivery date stated on the Site or in any document or email is approximate only and shall not constitute any guarantee of delivery on any particular date.
4.2 Title and risk of loss shall pass to you upon delivery of the products by us to the applicable common carrier, unless as otherwise agreed upon in writing by us.
4.3 Upon delivery, you must inspect and accept or reject products immediately. In the event the products are defective or do not comply with your order, you must promptly notify us and give us a reasonable opportunity to correct any issues. You will be deemed to have accepted any products delivered to you and to have waived any such noncompliance in the event we do not receive notification of noncompliance within fifteen (15) days after the products are delivered to you.
4.4 Delivery charges will be added to the total amount due once you have selected a delivery service from the available options.
4.5 We will deliver to the address specified in your order.
5.1 Garmin products purchased by you are subject to the applicable limited warranty terms and exclusions in effect at the time of shipment, as displayed on our website at http://www8.garmin.com/support/warranty.html.
5.2 THE WARRANTIES AND REMEDIES CONTAINED HEREIN AND IN THE LIMITED WARRANTY REFERENCED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING ANY LIABILITY ARISING UNDER ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, BOTH OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.
5.3 To obtain product support and warranty service, please visit support.garmin.com. You may also contact us at:
Garmin International, Inc.
1200 E. 151st St.
Olathe, KS 66062, U.S.A.
Toll free: 800/800.1020
6. Product Information
6.1 We have taken reasonable steps to display as accurately as possible the colors and other detailing of our products in the images that appear on the Site. Since the actual colors and detailing you see onscreen will depend on your monitor, we cannot guarantee that your monitor's display of any color or other detailing will exactly reflect the color or detailing of the product you receive.
6.2 Any information on the Site regarding sizing of products is included as a guide only. If you are uncertain about the size of any product, we recommend that you visit support.garmin.com.
7. Our Liability
OUR TOTAL LIABILITY ON ANY CLAIM FOR LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY ORDER PLACED BY YOU, OR FROM OUR THE PERFORMANCE OR BREACH OF THESE TERMS AND CONDITIONS, OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR OR USE OF ANY PRODUCT SOLD TO YOU SHALL IN NO CASE EXCEED THE PRICE ALLOCABLE TO THE PRODUCT THAT GIVES RISE TO THE CLAIM. IN NO EVENT SHALL GARMIN BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING CLAIMS FOR LOST PROFITS OR SALES.
Nothing in this section or elsewhere in our Terms and Conditions affects your statutory legal rights. In some jurisdictions, this limitation of liability may not apply to intentional or reckless acts or gross negligence on our part.
You agree to defend, indemnify, and hold harmless us and our affiliates, as well as the officers, directors, employees and agents of each, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your violation of any applicable law or breach of these Terms and Conditions. This indemnification provision does not apply to intentional or reckless acts or gross negligence on our part.
9. Export Control
The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the products to countries or persons prohibited under export control laws. By purchasing any product on the Site, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the products.
10.1 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms and Conditions. Any failure by us to assert all or any of our rights upon your breach of these Terms and Conditions shall not be deemed a waiver of such rights either with respect to such breach or any subsequent breach, nor shall any waiver by us be implied from the acceptance of any payment. Such waiver will arise only from an express written waiver signed by a duly authorized Garmin representative. No waiver of any right shall extend to or affect any other right we may possess, nor shall such waiver extend to any subsequent similar or dissimilar breach.
10.2 The 1980 United Nations Convention on Contracts for the International Sale of Goods shall not apply.
10.3 If any part of these Terms and Conditions is found to be unenforceable as a matter of law, all other parts of these Terms and Conditions shall be unaffected and shall remain in force.
10.4 Except to the extent provided below in this paragraph, all legal issues arising from or related to these terms and Conditions or any purchase by you on the Site will be construed in accordance with and determined by the laws of the State of Kansas applicable to contracts entered into and performed within the State of Kansas without respect to its conflict of laws principles. By placing an order on the Site, you agree that the exclusive forum for any claims or causes of action arising out of your use of the Site or related to the use of the product is the United States District Court for the District of Kansas, or any Kansas State court sitting in Johnson County. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
Last Updated: May, 2017