Terms of Sales

General

These conditions of sale are applicable to all products sold by ScanNav SAS whose head office is in Cestas - France, registered in the Bordeaux Trade and Companies Register under the number 87777183200012 hereinafter referred to as ScanNav. They are applicable in full for all customers in France or abroad, regardless of the place of delivery. No derogation from these general conditions of sale may be accepted without the express prior agreement of ScanNav. Any condition contrary to these general conditions of sale posed by the customer, in its general conditions of purchase or in any other document, will be unenforceable with ScanNav, regardless of when it may have been brought to its attention.

These conditions of sale define the contractual relationship between ScanNav and the customer, whether distributor or end user. If a ScanNav license is sold through a reseller to an end customer, these terms apply to both the reseller and the end customer. Any document other than these general conditions of sale, has only an informative and indicative value, not contractual. ScanNav reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the end customer.

Characteristics of the products and services

ScanNav is a publisher and distributor of navigation aids software, and nautical charts. The products and services offered are those listed in the catalog published on the scannav.com web-site. These products and services are offered while stocks last.

Software licenses

Software licenses are materialized by an activation code (or product code), specific to each end user. The user undertakes to keep this code for his own use.

The software can be installed on 2 computers. It is possible to change a computer when subscribing to the update.

The purchase of a software license gives access to free technical support for 12 months provided by e-mail, to the following e-mail address: postmaster@scannav.com, or via the online contact form accessible on the ScanNav web-site.

Software updates are free for one year, and entitle you to all versions released less than 12 months after the initial purchase. The user can then continue to use the software as is, or subscribe to an update via the ScanNav order form, in order to benefit from the updates and support for one year.

SnMap Charts

SnMap charts published by ScanNav follow the same rules as software licenses. They are attached to the ScanNav license, or other compatible software (Compagnon, Adrena and SimSail)

SnMap charts updates are free for one year, and at 50% of the initial price the following years.

Navionics Charts

ScanNav distributes Navionics charts on SD or CF for ScanNav users, as well as for plotters and other compatible software.

Navionics charts follow the terms of use of their Navionics editor. Their update is free for one year and at half price the following years, through the purchase of a Navionics Update chart.

Official ENCs

ScanNav distributes Official ENCs for ScanNav users, as well as for other compatible software.
ENCs are sold through a subscription ranging from 3 months to 12 months, during which all updates are included. Beyond the subscription period, the ENCs are no longer considered up to date, and must no longer be used for navigation.

Intellectual property

ScanNav grants the customer a non-exclusive right to use the software. The license is not transferable, unless specifically authorized by ScanNav.
ScanNav licenses are associated with the computer through an activation on the Internet using the personal code.

The concession of the right to use the software does not entail any transfer of ownership rights over the said software for the benefit of the user. Any reverse engineering intervention or modifications to the software is therefore strictly prohibited.
The software and the website are and remain the exclusive intellectual property of ScanNav. The user undertakes not to infringe, directly or through third parties, the rights of ScanNav.

Pricing

The prices appearing in the order form are inclusive of tax in Euros, taking into account the VAT applicable on the day of the order. ScanNav reserves the right to modify its prices at any time, it being understood that the price appearing in the catalog on the day of the order will be the only one applicable to the customer. The prices indicated do not include the costs of order processing, transport and delivery depending on the geographic area concerned.

Orders and delivery

Orders are placed with our resellers, or online via the order form page.
The delivery is made by download link, except for Navionics charts which require the sending of a physical medium. Although not recommended, it is exceptionally possible to deliver the software on a physical medium providing an additional cost, and an additional delay.

Delivery is made to the address indicated in the order form, and unless contractual exception, after receipt of payment:

• For software, SnMap charts, and ENCs: within a maximum of 48 hours. In practice, delivery is in general done on the same day, subject to occasional exceptions.
• For Navionics charts: depending on our stock, the shipment can be made the next day, or within a maximum of one week. An email response indicating the time required will be sent within the same delay as for software licenses.

These delays are given for information only. If they exceed thirty days from the order, the sale may be terminated and the customer reimbursed. Any lower delays do not give the customer the right to cancel the sale, refuse the goods or claim damages.

The customer must pay attention to provide the correct information in the order form. In case of erroneous information, ScanNav will be unable to contact the customer, and cannot be held responsible for errors in the address sent by the customer.
After validation of the order, an acknowledgment of receipt summarizing the content of the order is automatically sent by email to the email address provided in the order form. If you do not receive it within one hour after ordering, you should consult your e-mail Spam folder, and , if still not received, contact ScanNav by email or telephone to report the error.

Withdrawal

Any complaint for non-conformity or missing product on delivery, whether by download or by post, must be transmitted within one week of receipt of the product.

The customer has a withdrawal period of 14 days from delivery of the order to return the product to the seller for exchange or refund without penalty, with the exception of return costs. In accordance with article L.121-20-2 of the consumer code, this right is not open if the software or the chart has been unsealed or activated by the customer, or by us at the request of the customer (e.g. preloading on demand of Navionics charts).

Payment terms

Payment is due when ordering, except contractual exceptions. It can be done:

• by Credit Card and derivative means(Paylib, Masterpass): Payment is then immediate. It goes through BNP Paribas' secured Mercanet platform.
• by Paypal: payment is then immediate. You can pay with your Paypal account, or by credit card.
• by Bank Transfer: allow a bank processing time of a few days, variable according to the banks.
• by Check: allow a delay depending on the delivery by post, and cashing.

Tax refund

Any product delivered to another member country of the European Union is automatically subject to French VAT. Only customers outside the European Union may be invoiced without tax on request, the declaration being on the initiative of the beneficiary of the product. Companies from countries member of the European Union must provide their intra-community VAT number, accompanied by the exemption certificate to be invoiced tax free.

Guarantee and Liability

Our software are navigation aid tools. They cannot in any case replace official navigation documents, nor the experience and common sense of a skipper. ScanNav cannot be held responsible for the consequences resulting from the improper use of the products sold, or from a malfunction, whether or not resulting in material or bodily injury of any kind. In the event that ScanNav's liability is established, it will be limited to direct material damage, with the exclusion of any indirect and / or immaterial damage, this within the limit of the amount paid by the customer for the products concerned.

Personal data

The information that you provide us is essential for the processing and monitoring of orders and associated licenses. This information is not accessible directly on the web site, except for the license activation system reserved exclusively for the user, directly from the software, and in no case through web browsers; or for ScanNav's internal use for license management. In no case do we share this data.