1.2 The terms contained in this document (Trading Terms) apply to all transactions for the purchase of products from the Site. Please read these Trading Terms carefully before ordering from the Site. By ordering any products from the Site you are indicating your acceptance to be bound by these Trading Terms. They form a legal agreement between you and us and can only be amended with our consent. You can print a copy of these terms and conditions by selecting the 'print' option from the file menu of your browser.
1.3 Your use of the Site itself is subject to our website.
1.4 We reserve the right to change these Trading Terms 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 item 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 by clicking the "Submit Order" button on the checkout page.
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 ask you how you wish to proceed. You will have the option to 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 despatched to you, unless we have notified you that we do not accept your order or you have already cancelled it in accordance with the provisions below (see Cancellations and returns below).
2.6 You can check the status of an outstanding order at any time by locating the relevant order after logging into the myGarmin 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.
3.1 The prices of products advertised for sale on the Site are as set out on the Site. All prices are in pounds (£) sterling, inclusive of VAT (unless stated otherwise), and exclude delivery charges. Delivery charges, where applicable, are set out in Delivery Information below. Delivery charges will be added to the total amount due once you have selected a delivery service from the available options as set out in Delivery Information.
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. [We do not accept credit/debit cards where the address registered with the card issuer for the statement is outside the United Kingdom.
3.4 By using a credit/debit card to pay for your order, you warrant and confirm that the card being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise 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.
3.5 In the unlikely event that the price of an item 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 are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. Unless we have already confirmed despatch of your order, we will not be obliged to supply products at the incorrect price.
4.1 Subject to availability, we will use all reasonable endeavours to deliver the products you have ordered as soon as possible after your order is accepted by us. Delivery will normally be made within 3-8 working days if the items are in stock. We will usually deliver all products comprised in your order in one delivery, unless your order consists of multiple products, some of which are not available from stock, in which case, if all products are not in stock within 5 days of you placing your order, we will separately despatch those items that are.
4.2 Once delivered, the products ordered will become your property (provided they have been paid for in full) and your responsibility and, except in relation to products that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.
4.3 Delivery Charges: Delivery will be as stated at point of order.
4.4 We will deliver to the address specified in your order. We are only able to deliver to address in the United Kingdom. [We can not deliver to BFPO addresses.].
4.5 You can typically expect a courier delivery to arrive within 3-8 working days of order receipt and the vast majority of deliveries do arrive well within this timeframe, however, it can sometimes take longer. If your order does not arrive within this period please be patient. We will not consider a courier shipment potentially lost until 10 WORKING days have passed from the shipped date. If an item is delayed, we cannot take any action until 10 working days have passed.
5.1 Except in relation to the products specified in the next paragraph, you may cancel your order (or any part of it) at any stage before the products are delivered to you, and up to 14 days afterwards. You may do so either by notifying us (How to contact us), giving us your full name, address and order reference, or, alternatively, by returning the products (Customers must contact Product Support to obtain a reference number in order to return the item for a refund), in accordance with the provisions below (see section 5.4). You do not need to give any reason for cancelling your order, but a brief explanation will help us improve the service we offer to customers in the future.
5.2 You may not cancel your order if:
5.2.1 you have taken any software out of the sealed packaging in which it was delivered to you; or
5.2.2 [your order is for software downloaded from the Site.] unless such products were faulty when delivered to you or have been incorrectly delivered.
5.3 If you cancel your order, any sum debited by us from your credit/debit card will be refunded in full to the same card.
5.4 Where you decide to cancel an order after we have despatched the products, you will be under a duty to return them to us at your own risk and cost. All such products should be returned within 14 days of you cancelling your order (where you choose to cancel by notifying us - How to contact us) and, in any event, no later than 28 days after the products have been delivered to you. Until such time as they are returned, you must retain possession of the products and take reasonable care of them. You should return the products to us unused (except to the extent reasonably necessary to examine them) and together with the original product packaging, in accordance with the process set forth in the warranty terms despatched with the products (Customers must contact Product Support to obtain a reference number in order to return the item for a refund).
6.1 If any product you purchase is damaged or faulty when delivered to you we may offer a repair, exchange or refund as appropriate, in accordance with your legal rights and the Warranty. If you believe a product is faulty, you should notify us (see How to contact us) OR return the product in accordance with the provisions above (see section 5.4).
6.2 Our policy on faulty products does not affect your legal rights.
7.1 We have taken reasonable steps to display as accurately as possible the colours and other detailing of our products in the images that appear on the Site. However, as the actual colours and detailing you see onscreen will depend on your monitor, we cannot guarantee that your monitor's display of any colour or other detailing will exactly reflect the colour or detailing of the product upon delivery.
7.2 Any information on the Site regarding sizing of products is included as a guide only. If you are in any doubt as to the size of any product you require, we recommend that you contact us prior to placing an order (How to contact us).
9.2 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.
10.1 We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.
10.2 You are responsible for the use you make of the products you order. To the extent not prohibited by law, we accept no liability for any loss which is not reasonably foreseeable or for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).
10.3 We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.
10.4 Nothing in this section or elsewhere in our Trading Terms affects your statutory legal rights.
11.1 Garmin (Europe) Ltd. is a company registered in England. Our registered number is 2724437 and our registered office address is Liberty House, Hounsdown Business Park, Southampton, SO40 9LR. Our VAT registration number is 568 6978 58.
11.2 Any formal legal notices should be sent to us at the address at the end of these Trading Terms by email and confirmed by post.
11.3 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 Trading Terms.
11.4 If any part of these Trading Terms is found to be unenforceable as a matter of law, all other parts of these Trading Terms shall be unaffected and shall remain in force.
11.5 You and we agree that English law applies to these Trading Terms and that any dispute between us arising out of or in connection with these Trading Terms will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.
Please feel free to contact us in any of the following ways:
Telephone: 0808 238 0000.
Mail: Liberty House, Hounsdown Business Park, Southampton, SO40 9LR.
These Trading Terms were last updated on 10 January 2008.