Terms and conditions
These Conditions of Sale describe the methods of buying and selling online on the site www.navigare-watches.com of watches marked with the "Navigare" brand in compliance with current legislation on distance contracts, pursuant to Legislative Decree 6 September 2005 no. 206 as amended by Legislative Decree 21 February 2014 no. 21 ("Consumer Code") and, to the extent not provided for therein, in articles 7 and 12 of Legislative Decree 9 April 2003, no. 70 ("E-commerce Decree").
The seller is Delmax Srl, with registered office in Milan in Via San Vito, 6 CF and VAT number 05077750155 registered in the Milan Companies Registry, no. REA MI-1127844
For any information, assistance or on online purchase methods, on the guarantee, on withdrawal or otherwise, the user can contact Delmax Srl at the following e-mail address: firstname.lastname@example.org
- Customer: is the consumer, a natural person over 18 who makes the purchase for purposes not related to any commercial, entrepreneurial or professional activity carried out.
- Terms of sale: these are all the terms and conditions of sale on the site www.navigare-watches.com , applicable to the contractual relationship between the Seller and the Customer.
- Online sales contract: it is the sales contract relating to the Products, entered into between the Seller and the Customer as part of a remote sales system organized by the Seller using telematic tools.
- Purchase order: is the Customer's purchase order in electronic format carried out according to the procedure indicated in the Terms of Sale and which constitutes a contractual proposal by the Customer to purchase the Products.
- Institutional packaging: these are the cases, booklets, tags and the commercial guarantees and/or certificates of authenticity of the "Navigare" products.
- Products: these are watches bearing the “Navigare” brand
- Personalized products: These are watches that have a marking on the dial or an engraving on the caseback or other components of the watch.
- Made-to-measure products: these are the products on which the Customer has explicitly requested to have the bracelet made to measure. On some products with a steel bracelet, the bracelet adjustment service is offered by following the procedure indicated on the site. The Customer must therefore indicate the wrist size in the section provided in the product sheet.
- Seller: is Delmax Srl, with registered office in Milan, Via San Vito, 6, Fiscal Code and VAT number 05077750155 registered in the Companies Registry of Milan, no. REA MI-1127844.
Object of the online sales contract
With the online sales contract, the Seller sells and the Customer purchases the Products, as part of a distance selling system organized by the Seller through telematic tools on the Site.
The information contained on the Site does not constitute an offer by the Seller.
All Products are subject to current availability. The Seller reserves the right to vary the limits on the quantities and/or types of Products that can be purchased online on the Site as well as the style, models and colors of the Products described on the Site at any time without notice.
The images of the Products on the Site may be different from reality due to the Internet browser and/or monitor used.
All the sales prices of the Products indicated on the Site are expressed in Euros.
Unless otherwise indicated, the prices of the Products are inclusive of VAT and all other taxes (if applicable) and DO NOT include shipping costs and costs for additional services which will be highlighted in the product sheet.
Any customs duties and charges for shipments outside the European community are charged to the customer.
The prices applied are those indicated on the Site at the time of the Purchase Order by the Customer.
The Seller reserves the right to vary the prices of the Products, the shipping costs and the costs for additional services without notice. Before sending the purchase order, the Customer is invited to check the final price indicated in the Products tab.
Any new prices, shipping costs and costs for additional services will be applied only to Purchase Orders received after their publication on the Site.
The Seller verifies that the prices indicated on the Site are correct, but does not guarantee the absence of errors. In the event that an error relating to the price of a Product is found, the Seller will contact the Customer at the e-mail address provided by the same to give him the opportunity to reconfirm the order for the Product at the correct price or to cancel it.
Product purchasing process
The Customer can make purchases by following the instructions indicated on the Site as a registered user, as an unregistered user (so-called guest) or by using the Facebook login function when available.
To purchase the Products, the Customer must insert the Products in the appropriate "cart", after having viewed and accepted the Terms of Sale, with particular reference to delivery costs, any costs for additional services and information on the Right of Withdrawal and must also select the desired payment method.
Before proceeding with the transmission of the Purchase Order, the Customer will be asked to identify and correct any data transmission errors.
All Purchase Orders sent to the Seller must be completed in all their parts and must contain the elements necessary for the exact identification of the Customer, the Products ordered and the place of their delivery. It is absolutely forbidden for the Customer to enter false and/or invented, and/or fictitious data in the purchase procedure. The personal data and e-mail address must be exclusively the personal data of the Customer and not of third parties or invented.
The Purchase Order sent to the Seller is valid as a contractual proposal from the Customer manifested online and contains information on the essential characteristics of each Product ordered, the relative price, the means of payment, the delivery methods, the shipping costs and any additional costs.
Upon receipt of the Purchase Order, the Seller will automatically send to the e-mail address indicated by the Customer in the Purchase Order an order acknowledgment e-mail - which does not constitute acceptance of the Purchase Order - in which the Customer is only confirmed that he has received the order and that he has subjected it to a data verification process and the availability of the requested Products.
The online sales contract is considered concluded and binding for both parties when the Customer receives confirmation by e-mail from the Seller who, following the verification of the availability of the Product and the payment of the price, your order proposal was successful and was therefore accepted.
The Customer must immediately check the content of the communication and immediately notify the Seller of any errors or omissions by sending an e-mail to the Seller's Customer Service at email@example.com
Notwithstanding the foregoing, the Purchase Order sent by the Customer must be understood as void of any validity and effectiveness, and will not be accepted by the Seller, if the Seller has reasonable and well-founded reasons to believe that the Customer:
Intends to purchase the Products not for personal purposes but for purposes relating to one's own or another's business or professional activity.
Use false or invented names in the purchase procedure in violation of the provisions of the previous paragraph entitled "Product purchase process".
In such cases, the online sales contract will be considered not concluded and the Seller will send the Customer, by e-mail, a communication certifying the non-acceptance of the Purchase Order and the failed conclusion of the contract, canceling any possible charge and/or expense to be paid by the Customer.
The Seller also reserves the right to partially process the Purchase Order in the event of unavailability of one or more Products ordered by the Customer. In this case, only the amount corresponding to the partially processed order will be charged to the Customer.
Payment by the Customer can be made via one of the following methods: credit card with the NEXI circuit, Paypal, Satispay, Amazon Pay, bank transfer or cash on delivery (only in Italy).
Payments made by credit card or other electronic means are made through a secure connection, directly connected to the bank owner and manager of the "on-line" payment service with which the Seller has an agreement. The Seller does not come into possession of the credit card data of its Customers and cannot be held responsible for any fraudulent use of the card. These data are received directly and exclusively from the banking institutions that authorize the payment, providing only to communicate the outcome to the Seller.
In the event that, for any reason, the debit of the amounts owed by the Customer proves impossible, the Seller will send a communication of non-acceptance of the Purchase Order to the e-mail address indicated by the Customer. The purchase process will be automatically canceled and the online sales contract will be deemed not concluded.
Any refund to the Customer will be credited using one of the methods proposed by the Seller and chosen by the Customer.
The Seller will send an e-mail notification once the refund has been made to the e-mail address indicated by the Customer in the Purchase Order.
For each purchase order, the Seller, where requested by the Customer, will issue the relative invoice based on the information provided by the Customer in the Purchase Order. No change in the invoice will be possible after its issuance. The invoice, where requested, will be sent to the Customer once the payment has been collected, in electronic format pursuant to Presidential Decree 445/2000/ and Legislative Decree 52/2004.
Delivery times and methods
The Seller shall deliver the Products to the Customer by trusted couriers from Monday to Friday, excluding Saturdays, Sundays and holidays.
Delivery times to major countries are as follows:
|Italy (islands excluded)||2-3 days|
|Mainland Italy Remote Areas||3-5 days|
|Italian Islands (Sardinia, Sicily, Elba and other Islands)||3-5 days|
|Austria, Belgium, Luxembourg, Netherlands, France, Germany, Monaco, Iceland, Albania, Bosnia and Herzegovina, Macedonia, Montenegro, Serbia, Belarus, Ukraine, Georgia, Gibraltar, Moldova, Greenland, Faroe Islands, Russia, Svalbard and Jan Mayen||3-5 days|
|Liechtenstein, Switzerland, Andorra, San Marino, United Kingdom||5-7 days|
|Czech Republic, Denmark, Hungary, Ireland, Poland, Portugal, Slovakia, Sweden, Spain||3-5 days|
|Bulgaria, Croatia, Cyprus, Estonia, Finland, Greece, Latvia, Lithuania, Malta, Romania, Slovenia, Norway||3-5 days|
|Rest of the world||7-10 days|
The delivery times indicated are purely indicative.
Except in cases of force majeure or unforeseeable circumstances, the delivery times, according to the provisions of article 61 of the Consumer Code, are no more than 30 days starting from the day following that of transmission of the Purchase Order to the Seller, unless the Seller communicates - within the same term or within the final date agreed for delivery, also by e-mail - the temporary impossibility of delivery of the same. In this case, the Seller will refund any sums already paid by the Customer for the payment of the supply.
In the event that the Customer's data is incomplete or in any case inaccurate (so as to make delivery of the Products impossible), the Seller, before fulfilling the order, will contact the Customer at the contacts indicated by the same.
The delivery of the Products will be carried out at the address indicated in the Purchase Order exclusively in the presence of the Customer or his representative, provided that he is of legal age, who must sign the documents for the delivery of the Products.
No deliveries will be made to post office boxes.
Upon delivery of the Products by the courier, the Customer or his representative are required to check that:
The number of packages delivered corresponds to what is indicated in the transport document (DDT);
The packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials. Any damage to the packaging and/or the Product or the mismatch in the number of packages or indications must be immediately notified in writing by the Customer or his representative on the transport document in the dedicated space. In this case, the Customer or his representative must reject the damaged goods without having to open the package and the Seller, once the damaged package has been received, will arrange for a new shipment of the ordered Product. In any case, the Customer's right of withdrawal referred to in the following paragraph entitled "Right of withdrawal" remains unaffected.
In the event that the Customer rejects the package containing the Products, this will be considered as a withdrawal by the Customer from the online sales contract pursuant to articles 52 et seq. of the Consumer Code and the Seller will be entitled to withhold the return costs from the refund due to the Customer. The refund thus determined will be credited using the payment method chosen by the Customer in the Purchase Order, in a timely manner and, in any case, at the latest within 14 days of returning the package.
Right of withdrawal
The customer is invited to carefully read the information on the right of withdrawal.
Correct procedure for exercising the right of withdrawal
- Access the 'My Account' section using the icon
- Go to the "Order history and details" section
- Click on "Details" next to the reference order
- Tick the product(s) to be returned
- Indicate the reason for return
- Click on "Request a refund"
The 'customized products' with engraving on the caseback, marking on the dial or with any type of customization on the watch CANNOT be returned because they are excluded from the RIGHT OF WITHDRAWAL pursuant to article 59, paragraph 1, letter c) of the Consumer Code being considered customized or bespoke products.
The 'custom-made products' on which the bracelet has been requested to be made to measure cannot be returned because they are excluded from the RIGHT OF WITHDRAWAL pursuant to article 59, paragraph 1, letter c) of the Consumer Code, being considered customized products or measure.
The Customer can exercise the right of withdrawal within 14 days from the day of receipt of the goods by sending a return request to the Seller
Once the Customer has sent the return request within the term indicated above, the same will receive a communication in the reserved area regarding the return authorization by the Seller containing the instructions for sending the goods. Within the following 14 days, the Customer must return the Products to the Seller, together with the Return Authorization Form, sending them to the address indicated in the return authorization.
In order for the right of withdrawal to be validly exercised, the Products together with the original Packaging must be returned to the Seller, to the address indicated in the return authorization, within the following 14 days of receipt by the Customer of the return authorization, together , where issued, to the purchase invoice and the Seller's return authorization, intact, unworn, unused, undamaged and in the original packaging.
The Customer is responsible for the decrease in the value of the Products resulting from handling the goods other than that necessary to establish their nature, characteristics and functioning.
The Products with their original Packaging must be sent to the Seller in a single shipment. In fact, the Seller reserves the right not to accept Products from the same order, returned and shipped at different times.
The return shipping costs will be borne by the Customer and it is necessary to use a traceable shipping method with signature on delivery.
Under no circumstances will parcels be collected cash on delivery or carriage forward.
The Customer is advised to send the Products with their original Packaging to be returned, insuring the full amount of the goods and taking care to receive a tracking number to allow tracking of the shipment. The Seller will not be responsible for reimbursement or compensation relating to Products shipped by the Customer but which have never been received by the Seller due to loss, theft or damage that are not attributable to the same.
If the methods and terms for exercising the right of withdrawal are respected and if the Products, together with the original Packaging, are returned intact, unworn, unused and undamaged in the original packaging, the Seller will refund the Customer the price of the products purchased within a maximum period of 14 days from the date on which the Seller received the package at its headquarters. Shipping costs, if incurred, will not be refunded.
The refund will be made via the same payment method used to take charge of the order. In case of payment by cash on delivery, the Customer must provide the Seller with the bank details for making the refund.
In no case will returns sent without authorization, or sent without following the return procedure indicated by the Seller, be accepted.
Legal guarantee of the Products
For any lack of conformity existing at the time of delivery of the Products, the Customer, in accordance with the provisions of article 130 of the Consumer Code, will have the right to restore the conformity of the Product without charge by repair or replacement or, if this is not possible, to a reduction of the purchase price or to the termination of the online sales contract.
The Seller is liable for lack of conformity if they occur within two years from the date of delivery of the Product. The Customer must, however, report the lack of conformity within two months of its discovery, by sending an e-mail to Customer Service at the address firstname.lastname@example.org which must indicate the code relating to the order and the problem encountered, attaching where possible some photos relating to the same.
The Seller will contact the Customer to organize the collection of the Product.
The Seller reserves the right to verify the existence of the reported defect, and to carry out the repair or replacement only after this check.
If, following this verification, a lack of conformity should not be found, the Seller reserves the right to charge the Customer for the costs of verification, restoration, and transport.
For commercial guarantees, where existing, the Customer is invited to carefully read the relative certificates delivered with the Products.
The Seller will do its best to ensure that the contents of the Site are updated; however, we cannot exclude the absolute absence of any errors and/or inaccuracies (typing errors, inaccuracies or omissions, for example relating to the price, the availability of the Product, and the information sheet of the Product itself). The Seller therefore reserves the right to correct errors, inaccuracies or omissions even after the Purchase Order has been sent and also reserves the right to modify or update the information at any time without prior notice.
The personal data requested during the order forwarding phase are collected by www.navigare-watches.com and processed on IT supports in order to satisfy the obligations arising from the contract concluded with the Customer and will in no case and for any reason be transferred to third parties.
Delmax srl ensures its customers compliance with the legislation on the processing of personal data, governed by the privacy code pursuant to Legislative Decree No. 196 of 06.30.03.
The data controller is Delmax srl. The customer has the right to revoke consent to the processing of personal data at any time by sending a written communication to email@example.com
DELMAX srl guarantees assistance to overwritten contacts from Monday to Friday from 9.00 to 17.00
To the customer, who declares to have received the information pursuant to art. 13 and on the rights due to the same, pursuant to art. 7 of Legislative Decree no. 196/2003, has the right to access their data according to the methods provided therein. Marketing communications (newsletter) will be sent only with the explicit consent of the Customer issued together with the authorization for processing and sending, in the appropriate registration form on the online site.
Any complaints may in any case be sent to the Seller via e-mail at firstname.lastname@example.org
Pursuant to Article 12 letter f) of Legislative Decree April 9, 2003 no. 70, the competent Court for disputes relating to this contract is that of the place of residence or elective domicile of the Consumer if located in the State of the Italian Republic, mandatory court pursuant to art. 66 bis of the Consumer Code.
The conditions of sale and the online sales contracts are governed by Italian law and in particular by the legislative decree of 6 September 2005 n. 206, on the consumer code, as amended by Legislative Decree 21 February 2014 no. 21 with specific reference to the legislation on distance contracts and by the legislative decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce.