Online Purchase Terms and Conditions
The terms contained in this document (Online Purchase Terms and Conditions) (the “Terms”), apply to all purchases from simrad-yachting.com. Please read it carefully before ordering any Goods from this website. We may amend these Terms from time to time, and the changes will take effect from the time we publish the amended Terms – any amended Terms will not apply to any orders that we have already accepted.
1.1 Simrad Yachting is a brand registered, owned and operated by Navico UK Ltd (“Navico”). Navico is registered in England and Wales under company number 00565631 and its registered office at Secure House, First Floor Lulworth Close, Chandler’s Ford, Eastleigh, Hampshire, England, SO53 3TL (“Simrad Yachting”, “us”, “we”, or “our” as the context may require).
1.2 These Terms and Conditions (the “Terms”) govern your use of www.simrad-yachting.com (the “Site”) and your relationship with the Navico and apply to any purchases by you from laowrance.com in the UK. By opening an account on or ordering Goods from the Site you agree to contract with us on these Terms. If you do not agree to these Terms, please do not register, place any order or use the Site.
1.3 The buyer ("you") shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, their legal rights shall remain unaffected. Any reference to you within these Terms shall be as a consumer buyer unless specified as being a reference to a trade buyer.
1.4 The "Goods" shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of the contract between you and us that any and all ancillary items are additional to such contract unless specifically detailed within the sales invoice/order confirmation form.
1.5 The "Price" shall mean the amount payable to us for the Goods plus VAT (at the rate applicable from time to time), and the amount paid to the delivery service provider for the supply of delivery services unless otherwise stated. You should note that prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of order. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed in writing via e-mail by us to you.
1.6 We reserve the right to amend technical or clerical errors or change these Terms in any order without prior notice. In addition, you shall ensure that all details contained within the order are correct and we shall not accept any liability for any error or inaccuracy in any order.
1.7 All Goods are offered for sale subject to availability, and are as described (some may differ slightly from their picture). We regret that occasionally it may not be possible to complete an order if stock runs out or if it is withdrawn for any reason. If there is a problem we will let you know as soon as we can and will refund in full any money that you have already paid to us for the Goods in question.
1.8 You may not order or obtain products or services from this website if you (a) do not agree to these Terms, (b) are not the older of (i) at least 18 years of age or (ii) you are not at legal age to form a binding contract with Navico and its affiliates, or (c) are prohibited from accessing or using this website or any of this website's contents, Goods or services by applicable laws.
2. THE CONTRACT
2.1 After placing your order, you will receive confirmation message from us that acknowledges our receipt of your order along with a generic authorisation order number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms all of the relevant details of your order and sets out the expected dispatch and delivery dates for the Goods (the " Order Confirmation"). The contract between you and us will only be formed when we send you the Order Confirmation.
2.2 By ticking the terms and conditions consent box and clicking the 'Continue' button on PayPal, you agree to these Terms. Please carefully check your order details are correct before confirming your purchase. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
2.3 You are responsible for ensuring the accuracy of your order and we shall supply you, subject to availability, with the quantity and specification of Goods set out in your order. While your card may be debited before the contract is formed, if the order is ultimately rejected, a full refund will be made immediately. Please note that we take action on this immediately however, depending on your selected payment method, it may take 5-7 working days the money be returned to your account.
2.4 In case of noticing any error or incorrect information after placing your order, please contact us at email@example.com without delay in order to amend any inaccurate details. We will deliver to the shipping address you have provided so it is important that you ensure these details are correct.
2.5 You will own the goods only once we have received payment in full, but we will remain responsible for it until we have delivered it to the specified delivery address, or it has been collected by you or on your behalf.
3. CANCELLATIONS AND RETURNS
3.1 If you change your mind, you may cancel your order or any part of it at any stage before the Goods are delivered to you, or within 14 days of receiving the Goods (the “Cooling-off Period”).
3.2 If you cancel your order before Cooling-Off Period and before Goods being shipped to you, any sum debited by us from your credit/debit card or PayPal account will be refunded in full to the same card / PayPal account. You may do so by sending an email to firstname.lastname@example.org.
3.3 If you cancel the order after the Goods being shipped to you or within the Cooling-Off Period you have to return the Goods to us. We will arrange a collection service at your convenience, however if you ask for any change of time or miss the collection time for two attempts, you are responsible for the costs of returning the Goods.
3.4 In accordance with clause 3.3 once you delivered the returning Goods to the arranged collection team, we will arrange any sum debited by use from your credit/debit card or PayPal account to be re-credited to the same card / PayPal account.
3.5 Please note, in case of your responsibility of returning the Goods, we will arrange the refund on the day we receive the returned package in the same condition it was delivered to you. We are permitted by law to reduce your refund at our sole discretion, to reflect any reduction in the value of the Goods as a result of your handling of the Goods or until being delivered to us.
3.6 Unless the Goods being returned are faulty, they must be returned in a saleable condition. All Goods must be treated with care until you deliver them to our arranged collection services or post them to us by Standard Delivery. We shall be entitled to refuse a return in the event that the Goods are returned in an unsaleable condition.
4. FAULTY GOODS
4.1 If any product you purchase is damaged or faulty, if it is within the Cooling- Off Period and you do not want to cancel the purchase, please contact our technical support team at email@example.com to discuss and we will aim to resolve the issue as quickly as possible. Our technical support team will work with you to ensure that you receive a resolution that is in compliance with your consumer rights.
4.2 If the Goods are damaged or faulty and we are notified within the first 30 days of purchase (or delivery or installation), you may be entitled of a refund. If it is after expiry of the first 30 days of the purchase date we may offer you either a repair, exchange or refund as appropriate, in accordance with your legal rights and the Warranty as in clause 6.
4.3 Our policy on faulty products dos not affect your legal rights.
5. CANCELLATION BY NAVICO
5.1.1 We reserve the right to cancel or reject your order for the following reasons:
- Product are unavailable or out of stock at the time of accepting your order;
- We cannot authorize your payment;
- you do not meet the purchase requirements;
- There has been an error on the pricing, description of the product or typographical error;
- The delivery service provider does not deliver to your area; and
- We have reason to suspect that there is a risk of a fraudulent transaction.
5.2 If we do cancel your contract, we will notify you by email and will re-credit to your account any sum deducted by us (in respect of Goods provided by us, and delivery services provided by the delivery service provider (unless amounts in respect of delivery are refunded directly by the delivery service provider)), from your debit or credit card as soon as possible but in any event within 14 days of the date of cancellation. We will not be obliged to offer any additional compensation for disappointment suffered.
6.1 This limited warranty extends only to the original purchaser of the Goods from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
6.2 This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site.
6.3 This limited warranty does not cover any damages due to:
c. improper use;
d. failure to follow the product instructions or to perform any preventive maintenance;
f. combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Navico;
g. unauthorized repair;
h. normal wear and tear; or
i. external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
6.4 This limited warranty starts on the date of your purchase or the delivery date and lasts for Two (2) years the "Warranty Period". The warranty period will be activated from the date you register the device or start using it. The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
6.5 With respect to any defective products during the Warranty Period, we will, in our sole discretion and as appropriate, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products or refund the full amount to you.
6.6 We arrange a collection at your convenient time, if you fail to provide/deliver the Goods to our collection provider in 2 attempts, you will be responsible for the shipping charges, should you wish to benefit from our services during your Warranty Period.
6.7 For any Warranty inquiries, you must email our Customer Service Department at https://www.simrad-yachting.com/en-gb/contact-us-gb/.
7.1 For orders placed by customers’ resident in the UK we only offer the standard and expedited delivery options. Please note that we might amend or update the charges at our sole discretion from time to time.
7.2 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 5-7 days for standard delivery.
7.3 We will use our reasonable endeavours to deliver the Goods or services within the times indicated. However, where delivery times and dates are given, they are for general guidance only and we will not be held liable for late delivery of Goods caused by circumstances beyond our reasonable control.
7.4 Delivery charges will be stated at point of order.
7.5 We will deliver to the address specified in your order.
7.6 You can typically expect a courier delivery to arrive within 5-7 working days of order confirmation 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, 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.
8.1 If the Goods we deliver are not what you ordered or are damaged or defective, please contact our Customer Service team as soon as possible at firstname.lastname@example.org so that we can resolve the issue. All such issues are dealt with on a case by case basis.
8.2 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from our Site. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.
8.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable English law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence or as a result of fraud by us or any of its employees or agents.
8.4 We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability:
- for death or personal injury caused by our negligence;
- for defective products under the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation; or
- for breach of your statutory rights under sections 9-11, 13 and 14 of the Consumer Rights Act 2015 (i.e. products must be of satisfactory quality, fit for purpose and match the description provided).
9. PASSWORD / ACCOUNT SECURITY
9.1 You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. It is important that you keep your personal details and password confidential and secure. If you have any reason to suspect that your password has become known by someone else, has been or is likely to be used without your authorisation, you should change your password or contact us immediately. Navico or its affiliates shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
10. INSTALLATION AND USE OF GOODS
10.1 You confirm that you shall comply with any and all rules relating to installation of the Goods and fully accept that we shall not be liable for any loss which results from forced, misdirected, inappropriate or unqualified installation of any Goods or not adequately maintained the Goods. Furthermore, we shall accept no liability for death or personal injury, unless caused directly by our own negligence.
10.2 Any Goods, or parts of them, that are modified or adapted by you or any third party shall no longer be warranted by us nor shall we be liable for any failures resulting from any such modification or adaptation.
11. PAYMENT TERMS
11.1 Please note that all website and mail order payments are taken in full at the time of order, regardless of stock. All prices are in pounds (£) sterling, inclusive of VAT, and exclude delivery charges. Delivery charges, where applicable, are set out in clause 7 as above. Delivery charges will be added to the total amount due once you have selected a delivery service from the available options set out in delivery section. The total price paid represents an amount to us for the supply of Goods, and an amount collected by us on behalf of the delivery service provider for the supply of delivery services.
11.2 Payment may be made by any of the methods indicated on our website. Payment must be received in full before the Goods are dispatched.
11.3 We will do all we reasonably can to ensure that all of the information you give us at the time of payment is secured by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information provided by you.
11.4 If your payment is not received by us and you have already received any products, you:
- must pay for such goods within 30 days; or
- must return the products to us as soon as we notify you on your payment failure. You must take reasonable care of products in your possession (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
- if you don’t return any products ( such as where you have not paid for them) we may collect the goods from you at your expense.
12. THIRD PARTY RIGHTS
12.1 Notwithstanding any other provisions of these terms and conditions, nothing in these terms and conditions shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
13. GOVERNING LAW
13.1 These terms and conditions shall be governed by and interpreted in accordance with English Law and industry custom and practice, and the English courts shall have exclusive jurisdiction in respect of any claims or disputes (whether contractual or non-contractual) arising therefrom.
14.2 We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our site.
14.4 You can change your settings and account details, and delete your account at any time by logging into your account. Please note that changing some settings, including cookies, may impact the functionality on our website and stop some of our services from working properly (e.g. the shopping basket). If you would like to delete or change your settings or account details, or need any help, please contact Customer Services at https://www.simrad-yachting.com/en-gb/contact-us-gb/.
14.5 We may transfer our rights and obligations under these Terms to another organisation. We will ensure that the transfer will not affect your rights under this contract.
14.6 If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
14.7 The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Navico.
14.8 We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
14.9 You may give us notice under these Terms. (i) Click here https://www.simrad-yachting.com/en-gb/contact-us-gb/ for options to Contact Us or (ii) by personal delivery, overnight courier or registered or certified mail to :
Navico UK Legal Department
First Floor Lulworth Close
England, SO53 3TL