GENERAL TERMS AND CONDITIONS NAVailable
Definitions
1. NAVailable: NAVailable, established in Terwolde, Chamber of Commerce no. 65990323.
2. Customer: the person with whom NAVailable has entered into an agreement.
3. Parties: NAVailable and customer together.
4. Consumer: a customer who is an individual acting for private purposes.
Applicability
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and
deliveries of services or products by or on behalf of NAVailable.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and
conditions of the customer or of third parties.
Offers and quotations
1. Offers and quotations from NAVailable are without engagement, unless expressly stated otherwise.
2. An offer or quotation is valid for a maximum period of 1 month from its date, unless another
acceptance period is stated in the offer or quotation.
3. If the customer does not accept an offer or quotation within the applicable time frame, the offer or
quotation will lapse.
4. Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this
explicitly and in writing.
Acceptance
1. Upon acceptance of a quotation or offer without engagement, NAVailable reserves the right to
withdraw the quotation or offer within 3 days after receipt of the acceptance, without any obligations
towards the customer.
2. Verbal acceptance of the customer only commits NAVailable after the customer has confirmed this in
writing (or electronically).
Prices
1. All prices used by NAVailable are in euros, are exclusive of VAT and exclusive of any other costs
such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly
stated otherwise or agreed otherwise.
2. NAVailable is entitled to adjust all prices for its products or services, shown in its shop, on its website
or otherwise, at any time.
3. Increases in the cost prices of products or parts thereof, which NAVailable could not foresee at the
time of making an offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in
paragraph 3, unless the increase is the result of statutory regulation.
5. Parties may agree on a no-cure no-pay base payment. Conditions of payment and fees will be agreed
upon on in the underlying contract.
Payments and payment term
1. NAVailable may, at the conclusion of the agreement, require a down payment of up to 50% of the
agreed amount.
2. The customer must have paid the full amount within 7 days after delivery of the product.
3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the
agreed amount at the latest on the last day of the payment term, he is legally in default,
without NAVailable having to send the customer a reminder or to put him in default.
4. NAVailable reserves the right to make a delivery conditional upon immediate payment or to require
adequate security for the total amount of the services or products.
Consequences of late payment
1. If the customer does not pay within the agreed term, NAVailable is entitled to charge an interest of 1%
per month from the day the customer is in default, whereby a part of a month is counted for a whole
month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to
pay any compensation to NAVailable.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection
costs.
4. If the customer does not pay on time, NAVailable may suspend its obligations until the customer has
met his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the
customer, the claims of NAVailable on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by NAVailable, he is still
obliged to pay the agreed price to NAVailable.
Right of recovery of goods
1. As soon as the customer is in default, NAVailable is entitled to invoke the right of recovery with
regard to the unpaid products delivered to the customer.
2. NAVailable invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must
immediately return the products concerned to NAVailable, unless the parties agree to make other
arrangements about this.
4. The costs for the collection or return of the products are at the expense of the customer.
Right of cancellation
1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any
reason, provided that
 the product has not been used
 it is not a product that can spoil quickly, like food or flowers
 the product is not specially tailored for the consumer or adapted to its special needs
 it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
 the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
 the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure
activity,
 the product is not a separate magazine or a loose newspaper
 the purchase does not concern an (assignment to) urgent repair
 the consumer has not renounced his right of cancellation
2. The reflection period of 14 days as referred to in paragraph 1 commences:
o on the day after the consumer has received the last product or part of 1 order
o as soon as the consumer has received the first the product of a subscription
o as soon as the consumer has purchased a service for the first time
o as soon as the consumer has confirmed the purchase of digital content via the internet
3. The consumer can notify his right of cancellation via info@navailable.nl, if desired by using the
withdrawal form that can be downloaded via the website of NAVailable, www.navailable.nl.
4. The consumer is obliged to return the product to NAVailable within 14 days after the notification of
his right of cancellation, after which period his right of cancellation will lapse.
5. The costs for return are due NAVailable if the complete order is returned.
6. If the purchase costs and any other costs (such as shipping and return costs) are eligible for
reimbursement according to the law, NAVailable will refund these costs to the consumer within 14
days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has
returned the product to NAVailable in time.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
1. NAVailable can appeal to his right of retention of title and in that case retain the products sold
by NAVailable to the customer until the customer has paid all outstanding invoices with regard
to NAVailable, unless the customer has provided sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreements from which the
customer still owes payments to NAVailable.
3. NAVailable is never liable for any damage that the customer may suffer as a result of using his right
of retention of title.
Settlement
The customer waives his right to settle any debt to NAVailable with any claim on NAVailable.
Retention of title
1. NAVailable remains the owner of all delivered products until the customer has fully complied with all
its payment obligations with regard to NAVailable under whatever agreement
with NAVailable including of claims regarding the shortcomings in the performance.
2. Until then, NAVailable can invoke its retention of title and take back the goods.
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or
otherwise encumber the products.
4. If NAVailable invokes its retention of title, the agreement will be dissolved and NAVailable has the
right to claim compensation, lost profits and interest.

Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at NAVailable unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed price is not paid on time, NAVailable has the right to suspend its obligations until the
agreed price is fully paid.
5. In the event of late payment, the customer is automatically in default, and hereby he can not object to
late delivery by NAVailable.
Delivery period
1. Any delivery period specified by NAVailable is indicative and does not give the customer the right to
dissolution or compensation if this period is not met with, unless the parties have expressly agreed
otherwise in writing.
2. The delivery period starts after the customer has signed the agreement to NAVailable and is confirmed
in writing or electronically by NAVailable to the customer.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to
terminate the contract, unless NAVailable cannot deliver within [number of days late] or if the parties
have agreed upon otherwise.

Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in
time.
Transport costs
Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.
Packaging and shipping
1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up
by the forwarder or delivery person before receiving the product. In the absence of
which NAVailable may not be held liable for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to
products or the packaging prior to the transport to NAVailable, failing which NAVailable cannot be
held liable for any damage.
Insurance
1. The customer undertakes to insure and keep insured the following items adequately against fire,
explosion and water damage as well as theft:
o goods delivered that are necessary for the execution of the underlying agreement
o goods being property of NAVailable that are present at the premises of the customer
o goods that have been delivered under retention of title
2. At the first request of NAVailable, the customer provides the policy for these insurances for
inspection.
3. NAVailable possesses a CAR (Construction All Risks) insurance / [The customer] is obliged to take
out CAR insurance at his own expense and cannot claim compensation for any damage that would
otherwise be covered by this insurance. 
Storage
1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is
entirely for the customer.
2. Any extra costs as a result of premature or late purchase of products are entirely at the customer's
expense.
Assembly / Installation
Although NAVailable strives to carry out all assembly and/or installation work as well as possible, it
does not bear any responsibility for this, except in case of intent or gross negligence.
Guarantee
1. When parties have entered into an agreement with services included, these services only contain besteffort obligations for NAVailable, not obligations of results.
2. The warranty relating to products only applies to defects caused by faulty manufacture, construction
or material.
3. The warranty does not apply in the event of normal wear and tear and damage resulting from
accidents, changes made to the product, negligence or improper use by the customer, or when the
cause of the defect can not clearly be established.
4. The risk of loss, damage or theft of the products that are the subject of an agreement between the
parties, will pass on to the customer when these products are legally and/or factually delivered, at least
are in the power of the customer or of a third party who receives the product for the benefit of the
customer.
Performance of the agreement
1. NAVailable executes the agreement to the best of its knowledge and ability and in accordance with
the requirements of good workmanship.
2. NAVailable has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and
payment of the possibly agreed advance by the customer.
4. It is the responsibility of the customer that NAVailable can start the implementation of the agreement
on time.
5. If the customer has not ensured that NAVailable can start the implementation of the agreement in
time, the resulting additional costs and/or extra hours will be charged to the customer.
Duty to inform by the customer
1. The customer shall make available to NAVailable all information, data and documents relevant to the
correct execution of the agreement to in time and in the desired format and manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and
documents made available, even if they originate from third parties, unless otherwise ensuing from the
nature of the agreement.
3. If and insofar as the customer requests this, NAVailable will return the relevant documents.
4. If the customer does not timely and properly provides the information, data or documents reasonably
required by NAVailable and the execution of the agreement is delayed because of this, the resulting
additional costs and extra hours will be charged to the customer.

Duration of the agreement
1. The agreement between NAVailable and the customer is entered into for an indefinite period of time,
unless it results otherwise from the nature of the agreement or the parties have expressly agreed
otherwise in writing.
2. If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract
at the end of the term, unless 1 of the parties terminates the contract with due observance of a notice
period of 2 month(s), or if a consumer terminates the agreement with due observance of a notice
period of 1 month / the agreement ends at the end of the fixed term.
3. If the parties have agreed upon a term for the completion of certain activities, this is never a strict
deadline, unless specified explicitly otherwise in writing. If this term is exceeded, the customer must
give NAVailable a written reasonable term to terminate the activities, before it may either terminate
the contract or claim damages.

Cancellation of the contract for an indefinite period of time
1. The customer can terminate an agreement that has been concluded for an indefinite period at any time
with due observance of a notice period of 2 months.
2. A consumer has the right to terminate an agreement for an indefinite period with due observance of a
notice period of 1 month.

Intellectual property
1. NAVailable retains all intellectual property rights (including copyright, patent rights, trademark rights,
design and design rights, etc.) on all designs, drawings, writings, data carriers or other information,
quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in
writing.
2. The customer may not copy or have copied the intellectual property rights without prior written
permission from NAVailable, nor show them to third parties and / or make them available or use them
in any other way.
Confidentiality
1. The client keeps any information he receives (in whatever form) from NAVailable confidential.
2. The same applies to all other information concerning NAVailable of which he knows or can
reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may
cause damage to NAVailable.
3. The customer takes all necessary measures to ensure that he keeps the information referred to in
paragraphs 1 and 2 secret.
4. The obligation of secrecy described in this article does not apply to information:
o which was already made public before the customer heard this information or which later
became public without being the result of a violation of the customer's duty to confidentiality
o which is made public by the customer due to a legal obligation
5. The confidentiality obligation described in this article applies for the duration of the underlying
agreement and for a period of 3 years after the end thereof.

Penalties
1. If the customer violates the articles of these general terms and conditions about secrecy or intellectual
property, then he forfeits on behalf of NAVailable an immediately due and payable fine of € 5.000 for
each violation and in addition an amount of 5% of the aforementioned amount for each day that this
violation continues.
2. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine
referred to in the first paragraph of this article.
3. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights
of NAVailable including its right to claim compensation in addition to the fine.
Indemnity
The customer indemnifies NAVailable against all third-party claims that are related to the products
and/or services supplied by NAVailable.
Complaints
1. The customer must examine a product or service provided by NAVailable as soon as possible for
possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect
from the agreement, the customer must inform NAVailable of this as soon as possible, but in any case
within 1 month after the discovery of the shortcomings.
3. Consumers must inform NAVailable of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that NAVailable is able
to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to NAVailable being forced to
perform other work than has been agreed.

Giving notice
1. The customer must provide any notice of default to NAVailable in writing.
2. It is the responsibility of the customer that a notice of default actually reaches NAVailable (in time).
Joint and several Client liabilities
If NAVailable enters into an agreement with several customers, each of them shall be jointly and
severally liable for the full amounts due to NAVailable under that agreement.
Liability of NAVailable
1. NAVailable is only liable for any damage the customer suffers if and insofar as this damage is caused
by intent or gross negligence.
2. If NAVailable is liable for any damage, it is only liable for direct damages that results from or is
related to the execution of an agreement.
3. NAVailable is never liable for indirect damages, such as consequential loss, lost profit, lost savings or
damage to third parties.
4. If NAVailable is liable, its liability is limited to the amount paid by a closed (professional) liability
insurance and in the absence of (full) payment by an insurance company of the damages the amount of
the liability is limited to the (part of the) invoice to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative
and are only approximate and can not lead to any compensation and/or (partial) dissolution of the
agreement and/or suspension of any obligation.
Expiry period
Every right of the customer to compensation from NAVailable shall, in any case, expire within 12
months after the event from which the liability arises directly or indirectly. This does not exclude the
provisions in article 6:89 of the Dutch Civil Code.
Dissolution
1. The customer has the right to dissolve the agreement if NAVailable imputably fails in the fulfillment
of his obligations, unless this shortcoming does not justify termination due to its special nature or
because it is of minor significance.
2. If the fulfillment of the obligations by NAVailable is not permanent or temporarily impossible,
dissolution can only take place after NAVailable is in default.
3. NAVailable has the right to dissolve the agreement with the customer, if the customer does not fully
or timely fulfill his obligations under the agreement, or if circumstances give NAVailable good
grounds to fear that the customer will not be able to fulfill his obligations properly.
Force majeure
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of NAVailable in the
fulfillment of any obligation to the customer cannot be attributed to NAVailable in any situation
independent of the will of NAVailable, when the fulfillment of its obligations towards the customer is
prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required
from NAVailable .
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of
emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of
suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet,
computer or telecoms; computer viruses, strikes, government measures, unforeseen transport
problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which NAVailable cannot fulfill one or more
obligations towards the customer, these obligations will be suspended until NAVailable can comply
with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may
dissolve the agreement in writing in whole or in part.
5. NAVailable does not owe any (damage) compensation in a situation of force majeure, even if it has
obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change
or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement
accordingly.
Changes in the general terms and conditions
1. NAVailable is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by NAVailable with the customer in advance as much as
possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general
terms and conditions.
Transfer of rights
1. The customer can not transfer its rights deferring from an agreement with NAVailable to third parties
without the prior written consent of NAVailable .
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch
Civil Code.
Consequences of nullity or annullability
1. If one or more provisions of these general terms and conditions prove null or annullable, this will not
affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest
to what NAVailable had in mind when drafting the conditions on that issue.
Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where NAVailable is established is exclusively competent in case of
any disputes between parties, unless the law prescribes otherwise.
Drawn up on 03 april 2019.