A. General terms and conditions
All Deliveries and Services, provided to the Customer by Garmin Würzburg GmbH (hereinafter referred to as “Garmin Würzburg”), is governed exclusively by the General Sales Conditions as they are applicable at the time the order is placed.
2 Offers/ Conclusion of Contract/ Forms of Contract
2.1 Garmin Würzburg’s offers are non-binding. By placing the order, the customer conveys a binding contract offer. Its binding acceptance or rejection is made through a written or printed confirmation. Acceptance can also be expressed through the delivery of the goods.
2.2 In electronic commerce or in the case of distance contracts, i.e. contracts that are between a company and a consumer under the exclusive use of means of remote communication, NVIGON accepts the customer’s orders under the current conditions on this site. In case of writing and printing errors on this Internet site entitled to rescind.
2.3 Information, contained in brochures, advertising and on the Garmin Würzburg website, puts Garmin Würzburg under no obligation and can be changed at any time without prior notice. Garmin Würzburg reserves the right to change promotional brochures, advertising, and software/products described on our website at any time without prior notice.
3.1 Specified delivery dates are non-binding unless otherwise expressly agreed.
3.2 Deliveries are made from the warehouse to the address given by the customer. Deliveries incur postage and packaging fees; the exact amount for each delivery is showed separately.
3.3 If Garmin Würzburg does not deliver at the specified delivery date, the customer is entitled to withdraw from the contract, after expiry of one week and an additional grace period of at least three weeks.
3.4 War, strikes, lockouts, raw material or energy shortages, interruption of operations and transport disruptions, instruction of higher authority and all other cases of force majeure, that impede or delay the production or shipping of the goods or render the production or shipping uneconomical without it being any fault on part of Garmin Würzburg, Garmin Würzburg is exempt from the obligation to deliver for the duration and the extent of the disturbance. Should the disturbance exceed the term of two months, both parties are entitled to withdraw from the contract. The customer’s statutory rights of rescission, justified at an earlier point in time, remain unaffected. In case of partial or complete loss of sources of Garmin Würzburg, Garmin Würzburg is not obliged to obtain supplies from other suppliers. In this case, Garmin Würzburg is entitled to distribute the existing stocks, taking into account its own requirement.
4.1 All given prices are gross prices (price including VAT). In principal, these prices do not include shipping, insurance and installation cost. These costs are billed separately. Distance contracts show a final price that includes VAT, postage and packaging when an order is placed.
4.2 Updating the internet site www.navigon.com invalidates all previous prices and other information about goods. Relevant are only the prices, valid at the time the binding order is placed.
5 Right of Withdrawal
5.1 As a consumer according to §13 of the German Civil Code (BGB), the customer, in cases defined by law, is entitled to withdraw his declaration of intent to order, without giving reasons, within 2 weeks after receiving the goods. In addition to the receipt of the goods, a proper cancellation policy in text form has to be provided before the withdrawal period begins. The withdrawal has to be made in writing or by returning the goods ordered. In order to ensure that the withdrawal period is complied with, goods have to be returned or the notice of withdrawal has to be sent back within the time limit. In case of a written notice of withdrawal, the customer is required to send back items that are possible to be shipped by post, immediately or within seven (7) days at the latest, to
Garmin Würzburg GmbH
The return is at the expense and risk of Garmin Würzburg. The customer, however, has to bear the cost of the return if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed the value of forty (40) Euros or if at the of the point in time the notice of withdrawal is given, if the order value exceeds that price, the customer has not rendered the trade-off or a contractual agreed partial payment.
5.2 The customer has to compensate for loss, consumption, sale, burdening, processing, conversion or deterioration of the goods. This also applies to deterioration through proper utilisation of the goods or return without the original packaging. Therefore, please keep the original packaging and use the goods only, when you have decided not to make use of your right to withdraw. If the customer has used the goods before exercising his right to withdraw, Garmin Würzburg is entitled to claim compensation from the customer. If the customer merely tests the goods and does not use them beyond that, obligation to pay compensation does not apply.
5.3 A right to withdrawal according to clause 5.1 does not apply if (I) goods delivered are made to customer specifications or (II) the goods are explicitly tailored to the personal needs of the customer or by his nature are not suitable for return or (III) upon software delivery, the data storage medium was unsealed by the customer or a third party. Software, made available for download by Garmin Würzburg, are deemed unsealed when the download has been completed, unless the customer can prove that he cannot or will not use of the software in any way or (IV) in other cases in accordance with § 312d section 4 of the German Civil Code (BGB).
6.1 The net cash purchase price is payable immediately upon order, without deductions. Cheques and drafts are not accepted.
6.2 Payments are only in accordance with the contract, if the amount is paid in cash or if one of Garmin WürzburgS accounts is credited unconditionally within the payment deadline. According to § 367 of the German Civil Code (BGB) payments are entered initially against the costs, then the interest and lastly against the principal claim.
6.3 The customer is entitled to offset only if the counterclaim is undisputed or legally binding. The customer is entitled to exercise a lien insofar as his counterclaim is based on the same contractual relationship.
7 Retention of title
7.1 Until payment is received in full, Garmin Würzburg claims full ownership of the goods.
7.2 Until the goods are released to the customer, the customer is not permitted to sell, pledge, rent or loan the goods or make them available to third parties in any way. The modification and processing or conversion of the goods by the customer is always in the name of and on behalf of Garmin Würzburg. In this case the expectant right of the customer of the purchase of the reformed item continues. For retained goods that are amalgamated, modified or combined with goods, belonging to third parties, Garmin Würzburg acquires joint ownership of the resulting products in the amount of the invoice value of the retained goods in relation to the costs of the other materials.
7.4 Garmin Würzburg has the right to otherwise dispose of goods, for which ownership was claimed, after a reasonable period of time.
7.5 Excising the right to “Retention of Title”, when in doubt, does not count as a cancellation of the contract.
7.6 Should the retained goods be seized by a third party, the customer is obliged to inform Garmin Würzburg of said occurrence immediately. If the third party is not able to reimburse Garmin Würzburg’s judicial and extrajudicial costs of a claim under § 771 of the Code of Civil Procedure (ZPO), the customer is liable for Garmin Würzburg’s loss.
8.1 Claims of the customer against Garmin Würzburg in case of defects of quality are governed by the provisions of law within the statutory periods as far as the following provisions do not deviate from them.
8.2 Damages caused by improper use or actions of the customers which are in breach of contract, during installation, connection, operation or storage do not justify any claims against Garmin Würzburg. The inadequacy and lack of conformity is determined primarily through the information provided by Garmin Würzburg.
8.3 When a customer purchases a used item, rights to liability claims based on defects are subject to the statute of limitations of one year after receipt of goods. Aforementioned provisions do not apply where the law mandates a longer period.
8.4 If the customer is a business and if the ordered services are used for commercial or independent self-employed activities, liability claims based on defects are subject to a statute of limitations of one year after receipt of the new product. Aforementioned provisions do not apply where the law mandates a longer period. With regards to used products, businesses are not entitled to liability claims based on defects.
8.5 Accumulators, potentially built into the product, have, depending on type of use, differing service lives and durability. Therefore, the warranty for the properties of the accumulators and their service lives is limited to a period of 6 months.
8.6 The guarantee period amounts to 24 months from the point in time of transfer to the initial purchaser. The indication of a fault shall not rise to an extension. If Garmin Würzburg (or a third party authorized by Garmin Würzburg) repairs the product, then the guarantee entitlement for the product shall be valid until the end of the original guarantee period, or three months after reception of the product, depending on which period is the longer.
8.7 An obligation to fulfilment of the guarantee services only exists where the faulty product is . presented within the guarantee period, together with the original packaging and the original invoice or cash register receipt, and a correctly filled out guarantee card. Garmin Würzburg (or a third party authorized by Garmin Würzburg) reserves the right to refuse guarantee services if these documents are not presented or if they are incomplete or unreadable. Garmin Würzburg (or a third party authorized by Garmin Würzburg) also reserves the right to refuse guarantee services in cases where the serial number on the product has been changed, deleted, removed or made unreadable.
8.8 Personal data as well as downloaded files and other data may be lost during the fulfilment of guarantee services by way of repair or exchange of the product. In order to prevent damage to removable storage media or external data carriers or the loss or deletion of data, please remove these and create back up copies of all data stored on the product before the product is presented for the fulfilment of guarantee services. Garmin Würzburg (or a third party authorized by Garmin Würzburg) accepts no liability for data loss of any kind and is not liable for claims for compensation for such losses of data.
8.9 Garmin Würzburg (or a third party authorized by Garmin Würzburg) may replace defective products or components by new or exchange products (functionally equivalent, overhauled products) or with new replacement components or exchange items. Replaced products or components will be the property of Garmin Würzburg.
9 Repair/ Shipping of Goods to NAVIGON
9.1 If the customer sends goods in for repair, in case of valid liability claims based on defects, no costs for repair or shipping accrue for the customer).
9.2 If Garmin Würzburg determines through the inspection of the goods sent in for repair that (I) the fault was caused by the customer or (II) the statute of limitations for liability claims based on defects has expired or (III) the goods are free from defects, the customer has to bear the costs Garmin Würzburg incurs. Regarding (I) and (II) Garmin Würzburg will provide the customer with an estimation of costs, no less than EUR 35, - for shipping and inspection. Regarding (III) a fixed charge in the amount of EUR 35, - for shipping and inspection will accrue. In both cases, if costs are demonstrably less, the customer is only obliged to pay the lower amount.
9.3 Garmin Würzburg reserves the right of retention of goods until the costs Garmin Würzburg incurred through the returning of goods by the customer have been paid i.e. goods will only be returned to the customer after payment, of costs Garmin Würzburg incurred, has been made.
10 Product Liability
Garmin Würzburg is liable according to statutory provisions under following stipulations:
(I) In case of the negligent causing of damage by Garmin Würzburg, Garmin Würzburg is only liable in case of violation of an obligation, essential to the contract (cardinal obligation) and only for damages that are reasonably predictable at the time of conclusion of contract. Liability towards the entirety of injured persons is limited to the amount of 10 Million Euros per incident. If the damages arisen through the incident exceed that limit, the compensation will be reduced by the ratio in which the amounts of damages are to the maximum limit. (II) The limitation of liability does not apply if the violation was culpable or grossly negligent as well as in the event of violation to life, body and health.
Software relinquished to the customer (through download or bundled with hardware) in addition to these General Conditions of Sale subject to the Special Provisions for the Purchase of Software. (EULA)
12 Data Protection
Garmin Würzburg advises the customer that, data, recorded in the scope of the conclusion of contract for the fulfilment of the obligations under the purchase agreement in accordance to the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG), is processed and used. For more details and to ascertain contact persons at Garmin Würzburg please read our Data Protection Act.
13 Place of Jurisdiction
Hamburg, Germany, is the exclusive place of jurisdiction, (I) insofar as the customer is a merchant or (II) a consumer that does not have a general court of jurisdiction within Germany, (III) after conclusion of the contract, moved his domicile or habitual residence abroad, or (IV) if his domicile or habitual residence is unknown at the time, legal proceedings are initiated.
14.1 Should one or more of the provisions of these General Standard Terms and Conditions be or become invalid, the validity of the remainder of this agreement will not become invalid. In such a case the invalid provision is replaced by the relevant statutory provision.
14.2 The terms and conditions and all legal relations between Garmin Würzburg and the customer are subject to the substantive law of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Garmin Würzburg GmbH
B. Provisions for the Purchase of Software
Garmin Würzburg Licensing Agreement (EULA)
1 Scope of Provisions
This Agreement governs the relationship between the licensee and Garmin Würzburg GmbH, developer and owner of the exclusive user rights of the NAVIGON software (“software”) as described in the order. Covered by the agreement are copyright interests.
2 Scope of use
2.1 Garmin Würzburg grants the user a simple, non-exclusive right, unrestricted by time or space, to use the software in the volume of use as specified in the order. The licensing includes the right to install and use the software in accordance with the provisions of this documentation.
2.2 Garmin Würzburg expressly points out to the licensee, that in some cases the full use of the software may only be possible after a corresponding registration.
2.3 The licensee has to ensure that the above mentioned usage restrictions are met.
2.4 Each use that exceeds the contractual scope of use requires the written consent of Garmin Würzburg. If the use is without consent, cost incurred though any further use will be charged by Garmin Würzburg in accordance with the current price lists. In addition, Garmin Würzburg reserves the right to assert further compensation claims. The licensee is entitled to provide evidence of lower damages.
2.5 All of the user-rights mentioned above do not transfer to the licensee until the license fee is paid in full.
3 Copyright and other special protection laws
3.1 The licensee acknowledges the copyrights of Garmin Würzburg and thus the exclusive use and exploitation rights to the software. The exclusive use and exploitation rights also apply for software upgrades or changes, Garmin Würzburg has implemented for the licensee in accordance with the contract.
3.2 It is strictly prohibited, by law and by contract, to copy the software in part or in full or to pass on the software unless express permission is given. It is also prohibited to develop similar software or parts of software or to use the contractual software as template.
3.3 The licensee acknowledges Garmin Würzburg’s trademark- , brand name- and patent rights of the software and the corresponding documentation. It is forbidden to alter, deface, make unidentifiable or remove copyright notices and references to trademark rights in any way.
4 Passing on of Software
4.1 The licensee is permitted to permanently sell or give away the software including the user manual and other accompanying material to third parties providing that the acquiring third party agrees to the licensee, to the continuation of the existing terms and conditions.
4.2 In case the software is passed on the licensee has to hand over all copies of the program including potentially existing backup copies to the new licensee or destroy the copies that were not handed over. Due to the passing on of the software, the old licensee’s right to use the program ceases.
4.3 The licensee is permitted to cede the software including the user manual and other accompanying material to third parties as far as it is not rented or leased for commercial purposes and the third party agrees to the licensee to the continuation of the existing terms and conditions. The transferring licensee must hand over all copies of the program including potentially existing backup copies to the new licensee or destroy the copies that were not handed over. For the duration of the ceding to the third party, the transferring licensee does not have the right to use the software. Renting out the software or any other surrender of use for commercial purposes is not permitted.
4.4 The licensee is not permitted to hand over the software to third parties, if there is reasonable suspicion that the third party intends to violate the Conditions of Contract particularly if the third party intends to make unauthorised copies.
5 Right of Reproduction and Access Protection
5.1 The licensee is permitted to copy the software as long as the reproduction is necessary for the use of the software. Considered a necessary reproduction for example is the installation of the program from the original data carrier to the mass storage of hardware used, as well as loading it into memory.
5.2 The licensee is also permitted to make a copy for backup purposes. In principal, only one backup copy is to be made and stored. The backup copy has to be labelled as such.
5.3 If for reasons of data security or to guarantee the fast reactivation of the computer system after a complete failure, the regular backup of all data content including the computer programs in use, becomes necessary, the licensee is permitted to make as many backup copies as requirement necessitates. The respective data carriers have to be marked as such. Backup copies are to be used only for archival purposes.
5.4 The licensee is not permitted to make additional reproductions, like the printing of the program code on a printer or photocopying the manual. Should additional manuals be required for personnel, they can be acquired through Garmin Würzburg.
6 Multiple Use and Network Usage
6.1 The licensee may use the software on any hardware available. However, if he changes the hardware, the licensee, must delete the software from the previous hardware. Simultaneous storage, keeping it in stock or use on more than one pieces of hardware is prohibited.
6.2 The use of the software within a network or other multi-station computer system is illegal where the opportunity of simultaneous multiple usage of the software is created. If the licensee wants to use the software within a network or other multi-station computer system, he has to make simultaneous use impossible through access control mechanisms or pay Garmin Würzburg a special network license fee, the amount of which is determined by the number of users connected to the computer system. In individual cases, Garmin Würzburg will notify the licensee of the network license fee he is required to pay as soon as the licensee has given a written notification of his intent of network integration and the number of connected users. The operation in such a network or multiple workstation computer system is permitted only after full payment of the network license fee.
7 Software Properties
7.1 The software may contain third party software products that are integrated into the contractual software or supplied with it. Garmin Würzburg only imparts those rights of third party software, which are necessary for the general use of those programs as they are part of the contractual software and which they are entitled to grant. A right to modify or convert is not included.
7.2 Garmin Würzburg receives any geographical data (e.g. maps), provided as a component of the software, from third parties. In some cases, geographical data can be inaccurate or incomplete. This is partly dependent on the accuracy of the GPS data, collected and processed by the hardware and on how current the geographical data is. For their software, Garmin Würzburg warrants to use the most current geographical data available at the time of compiling. The data is usually not older than six (6) months, but depending on the geographic area may also be up to 12 months old. Exceptions are specifically mentioned in the product description.
7.3 Any POI’s (Points of Interest) being part of the software or delivered as software supplements, like travel guides, camping guides or radar information do not claim to be complete or up to date all the time. Garmin Würzburg recommends that data e.g. opening times of a museum is verified prior to a journey.
8 Liability Claims based on Defects
Garmin Würzburg’s Liability Claims based on Defects are governed by the statutory provisions.
9 Product liability
9.1 Garmin Würzburg is not liable for damages due to loss of data, faulty processing of data or inability to use third party programs or to access their data, because of loss of business opportunities, loss of profit or business interruptions, regardless whether the damage is direct or indirect.
9.2 In addition, Garmin Würzburg is not liable towards the licensee for indirect damages and incidental damage, consequential damage and other losses arising from the use or inability to use the software.
9.3 Damage that Garmin Würzburg has caused intentionally or through gross negligence as well as personal injuries is not covered by this limitation of liability.
10 Decompiling and Program Changes
10.1 Reverse translation of the program code ceded to the licensee into other code forms (decompiling) or any other types of reverse engineering of different production stages of the software are only permitted in accordance with § 69e of the German Copyright Act (UrhG).
10.2 Program changes or –modifications are only permitted if they are a covered by the intended use of the program.
10.3 Decompiling and program changes are also permitted insofar as they have purpose of removal of serious errors, particularly those that cannot be bypassed through organisational or other reasonable recourses.
10,4 Copyright notices, serial numbers as well as other program identification features must not be removed or altered. The removal of a copy protection or similar security routine without the knowledge or participation of Garmin Würzburg is prohibited.
11 Final Provisions
11.1 Should one or more of the provisions of these General Standard Terms and Conditions be or become invalid, the validity of the remainder of this agreement will not become invalid. In such a case the invalid provision is replaced by the relevant statutory provision.
11.2 All agreements, made between Garmin Würzburg and the Customer, for the purpose of execution of the contract are set forth in this contract. In addition to these EULA’s, depending on which product the customer purchases, the Special Provisions for the Use of Live Services as well as the Special Provisions for the Use of NAVIGON select apply. In their field of application these Special Provisions supersede the General Provisions.
11.3 Hamburg, Germany, is the exclusive place of jurisdiction, (I) insofar as the customer is a merchant or (II) a consumer that does not have a general court of jurisdiction within Germany, (III) after conclusion of the contract, moved his domicile or habitual residence abroad, or (IV) if his domicile or habitual residence is unknown at the at the time, legal proceedings are initiated.
Right of Withdrawal
You may revoke your declaration to conclude the sales contract within a period of two weeks in text form (e.g. by letter, e-mail, facsimile) without stating a reason or – if you received the goods before expiry of the time limit - by returning the goods. This time limit begins with the receipt this notification of the Right of Withdrawal in text form but not before the recipient has received the goods (in case of recurring deliveries of similar goods not before the first partial deliver) as well as, in case of services rendered, not before the contract is concluded and also not before Garmin Würzburg fulfils their obligations according to § 312c section 2 of the German Civil Code (BGB) in conjunction with §1 section 1,2 and 4 of the German Civil Code – Freedom of Information Act (BGB-InfoV) and also not before Garmin Würzburg fulfils their obligations according to § 312e section 1 sentence 1 of the German Civil Code (BGB) in conjunction with § 3 of the German Civil Code – Freedom of Information Act (BGB-InfoV). In order to ensure that the withdrawal period is complied with, goods have to be returned or the notice of withdrawal has to be sent back within the time limit.
The Right of Withdrawal does not apply if (I) upon software delivery, the data storage medium was unsealed by the customer or a third party. Software, made available for download by Garmin Würzburg, are deemed unsealed when the download has been completed, unless the customer can prove that he cannot or will not use of the software in any way or (II) in other cases in accordance with § 312d section 4 of the German Civil Code (BGB).
In product packages, the focus of the contract is the software stored on sealed data carriers. If the data carrier is unsealed, the sales contract of a product package is not divisible.
The legal and contractual liability claims based on defects in accordance with Paragraph 8 of the General Sales Conditions remain unaffected.
The withdrawal notice is to be sent to:
Garmin Würzburg GmbH
Consequence of withdrawal
In case of an effective withdrawal from the contract, received services on both parts are to be returned and any benefits, for example interests are to be refunded. This shall not apply to the surrender of goods if the deterioration of the goods is solely attributable to its examination, as would have been possible, for example, in a retail outlet. In addition, the obligation to pay compensation brought about by deterioration of the goods through the intended use of the goods can be avoided if the goods are not treated like property and by refraining from doing anything that could reduce its value. Shippable goods are sent back at Garmin Würzburg’s own risk. The customer, however, has to bear the cost of the return if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed the value of forty (40) Euros or if at the of the point in time the notice of withdrawal is given, if the order value exceeds that price, the customer has not rendered the trade-off or a contractual agreed partial payment. Otherwise the customer does not incur any cost for returning the goods. Non-shippable goods will be picked up from the customer. Obligations to reimburse payments must be met within 30 days. The period begins with the dispatch of the goods or the dispatch of your notice of cancellation or, for us with the receipt.
The Right of Withdrawal expires prematurely, if Garmin Würzburg has started to provide the service with the express consent of the customer, before the cancellation deadline has expired or if the customer has initiated the service on his own account.
C. Special Provisions for the Use of Life Service
1 Scope of the Special Provisions
With the service designated as “Live Services” Garmin Würzburg currently provides the following services:
Weather Live, Traffic Live, Clever Parking Live, Goggle Local Search, Safety Camera
2 Territorial application, service disruptions
2.1 The Live services are in part - depending on the service - geographically restricted to the reception and transmission range of the radio transmitters, operated by the respective network operators. They can be affected by atmospheric conditions, topographical conditions, the vehicles location or position as well as obstacles (for example bridges and buildings).
2.2 Services in their entirety, provided in accordance with these Special Provisions, are only available in some countries. Some services are generally not available in every country. The extent and characteristics of the available services in other counties may differ from those offered in Germany. Services differ from country to country. The possession and/or use of (fixed and mobile) radar detectors is punishable by law in some countries. The customer is personally responsible for the compliance with the provisions of the respective countries.
2.3 Disruptions may result from force majeure including strikes, lockouts and instructions of higher authority and also may be due to necessary technical and other measures on Garmin Würzburg equipment, or other measures of suppliers of traffic data or network operators that are needed for the proper conduct and for improving the services (for example maintenance, repair and system-related software updates, expansions). They can also result from short-term capacity bottlenecks through peaks loads in the service or from disturbances in the area of telecommunications systems of third parties. Garmin Würzburg will make all reasonable efforts to eliminate such interference immediately or to work towards the elimination. If a disruption of service last for more than 72 hours and is caused by Garmin Würzburg, the customer is entitled to a pro rata reduction of the base price. Further claims are governed by § 6 of these Special Provisions. Garmin Würzburg reserves the right to change the scope of services as far as such an amendment is not significant in view of the entirety of agreed services and if they are not unreasonable towards the customer. In case of a more extensive change in the scope of services the customer, within a month after receiving the notification of change to the contract, is entitled to execute an extraordinary termination of contract, effective at the time the change is enforced.
3 Scope of Use
3.1 Garmin Würzburg gives the customer the permission to access the NAVIGON Live Service only for private and personal use in accordance with these Special Conditions.
3.2 Garmin Würzburg reserves the right to discontinue, limit or change the Live Services with or without notice in the event of regulatory or judicial orders.
4 Obligations of the Customer
4.1 The customer must not use the services in breach of contract or for illegal purposes and he will not allow third parties to do this. The customer is not permitted to further process data received while using the service or to pass information on to third parties.
4.2 The customer is obliged to notify Garmin Würzburg immediately of any disruptions.
4.3 The customer must inform Garmin Würzburg immediately of any changes to the data provided when registering, to the billing address and to the banking details /direct debit details.
4.4 The customer must notify Garmin Würzburg customer services immediately of the sale, loss (in particular theft) or the destruction of the associated telecommunications control unit provided to him. Notifications must be sent to
Garmin Würzburg GmbH
or made to the Hotline via telephone.
In these cases, Garmin Würzburg will remove the access permission to the services at once.
If the customer notifies Garmin Würzburg immediately, he is only liable for charges incurred through third party use until the notification is received and then only in the amount of no more than EUR 50,-. If the customer culpably omits the immediate notification, he is liable for the cost of employing the services that could have been avoided with timely notification. The value related liability of limitations do not apply if the customer or assistant has caused the loss or the third party usage of the associated control unit provided to the customer either intentionally or due to gross negligence.
5 Service Life
5.1 The contract period is at least 12 and no more than 24 months and cannot be terminated during that time. After the expiry of the contract period, the customer is entitled to request a contract extension from Garmin Würzburg. The request in writing can be sent to:
GARMIN Würzburg GMBH
The rules on termination on substantial grounds (extraordinary termination) are not affected.
6 Limitations of the Liability Claims for Defects
6.1 Garmin Würzburg is not liable for the accuracy and correctness of the data received and transmitted by the services unless intent or gross negligence exists. The same applies for the consequences of disruptions, interruptions of service and functional limitations as described in clause number 2.
6.2 Garmin Würzburg is not liable if, for the utilisation of services, equipment is used by the customer that is not in the list Garmin Würzburg released for usage which is in accordance with the described specifications.
7 Third Party Products
Garmin Würzburg is entitled to use data, information functions or other content and algorithms of third parties (third party material) in their Live Services. The use of third party material contained in Live Service may be subject to other Terms and Conditions. Garmin Würzburg will provide official copyright notices and license terms of third party material upon request. Hereby the customer consents that the usage of Live Services implies, that he has read and accepted these Terms and Conditions of any third party material which is potentially contained within Live Services.
8 Data Collection, - Storage and –Usage
8.1 Garmin Würzburg collects, stores and uses the customers personal data in accordance with legal provisions as far as this is necessary for the justification of the contract, its substantiation, or for changes to the contract (inventory data) and that are needed for the use and invoicing (user data) of the services. (Also see § 98 of the Telecommunications Act (TKG)). Garmin Würzburg is to be immediately notified of changes of personal data relating to the contract and to the billing of the services.
8.2 Garmin Würzburg is permitted to store and use user data which is necessary for the proper billing of the services, (billing data) even after the end usage up to the conclusion of billing.
8.3 For the provision of the services in the case of using the services according to clause number 1, the identification and location of the vehicle or its position is required. When using the services the customers queries as well as the data for identification and location of the vehicle or its position are transmitted to the respective service provider.
Yours Garmin Würzburg GmbH
D. Special Provisions for the Use of NAVIGON select
In cooperation with mobile operators and manufacturers of mobile phones, Garmin Würzburg offers the possibility of licensing a special version of the free software "mobile navigator" for selected mobile phones (hereinafter designated as “NAVIGON select”). As far as the customer makes use of NAVIGON select via their mobile network provider or mobile phone manufacturer, the following additional licensing provisions for software apply:
2 Duration of the Software License
The general license period is limited to 12 months. It is linked to the mobile phone. It will automatically be extended indefinitely, if the customer, in addition to the free license, has purchased and activated further functions that are subject to charges. If the customer terminates the contract with the mobile phone provider prior to the end of the license period, the license ends automatically even if he has previously purchased further functions, subject to charge. Individual mobile phone providers and manufacturers may offer extended licensing provisions for the benefit of the customer. This is indicated in the respective Special Provisions. The service “Traffic Live” is provided during the general service life of a navigation system (PND) or mobile phone. Usually, this amounts to two years. A longer running time than the general service life is not guaranteed for the customer but in case of further usability, Garmin Würzburg will not charge for the service again.
NAVIGON select is usually offered without the imposition of a license fee. However, mobile phone operators cooperating with Garmin Würzburg will verify the customer’s eligibility to use NAVIGON select through regular authorisation checks. During these authorisation checks, small amounts of data are transmitted from the customer’s mobile phone to a verification server. Additional charges for data transfer may arise, depending on the customer’s mobile phone contract. For details about additional charges, the customer needs to contact their mobile phone provider.
When using the Service “Traffic live” data transfer takes place. As a result, charges for the data traffic can accrue in accordance with the customer’s mobile phone contract. Abroad, additional roaming charges may arise.
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