Terms and Conditions

Table of contents

Article   1 – Definitions
Article   2 – Identity of the trader
Article   3 – Applicability
Article   4 – The offer
Article   5 – The agreement
Article   6 – Price
Article   7 – Delivery
Article   8 – Ownership Transfer
Article   9 – Force majeure
Article 10 – Right of withdrawal
Article 11 – Dissolution Agreement
Article 12 – Transportation
Article 13 – Complaints
Article 14 – Compliance and Warranty
Article 15 – Returns
Article 16 – Disputes
Article 17 – Intellectual property
Article 18 – Personal information and privacy

2. Consumer: the natural person who doesn’t act as a professional or does not run a company and signed an agreement with user;

3. Day: civil day;

4. Durable medium: any means that counterparty enables information to him personally is directed to store in a way that future consultation and unaltered reproduction of the information stored;

5. Right of withdrawal: the ability for consumers within the waiting period to see the distance contract;

6. User: partnership NavInc, located in Eindhoven;

7. Entrepreneur: the natural or legal person who acts as a professional or runs a company and has signed an agreement with user;

8. Distance contract: an agreement in the context of an organized distance sales- or serviceprovision, where until the conclusion of the agreement means of distance communications is being used;          

9. Means of distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same area;

10. Counterparty: the natural or legal person who signed a (distance) contract with the user.

Article 2 – Identity of the user

Name: NavInc BV

Legal form: BV

Address: Steenoven 6F - 5626 DK - Eindhoven

Email: info@navinc.nl

Chamber of Commerce number: 65632575

VAT number: NL 856195704B01

Article 3 – Applicability

1.         On agreements with user the Dutch legislation shall apply.

2.         All disputes between user and counterparty, arising out of contracts are adjudicated by the competent court in 's-Hertogenbosch, unless a district court has jurisdiction.

3.         These general conditions apply to every offer of user and any (distance) agreement between user and counterparty.

4.         Before or at the conclusion of the contract the contents of these terms and conditions will electronically be made ??available to counterparty in a way that counterparty can store the information on a durable medium. If this is not reasonably possible before the contract is concluded, the counterparty will be informed where the general conditions in electronic form can be consulted.

5.         In the event that in addition to these terms and conditions specific product or service conditions apply, the counterparty is allowed in the event of conflicting terms to rely on the applicable conditions which is the most beneficial for him.         

Article 4 – The offer

1.         All offers of user, in any form, are non-binding. The product details have been compiled with care and are from reliable sources. Regarding the accuracy of the detal user accepts no liability.
2.         For delivery in different parts, the contract deemed to be concluded entirely, when the first delivery is completed.

3.         Any subsequent agreements, promises and/or changes to the contract by or on behalf user to counterparty, are only binding if they are confirmed in writing within eight days, or in whole or partially being implemented within eight days.

4.         User is authorized, if deemed desirable or necessary for the proper execution of an order to enable third parties, of which the costs will be charged to the counterparty in accordance with the quotation.

5.        User is entitled to use cash-on-delivery services as shipping and payment method.          

Article 5 – The agreement

1.         The agreement is, subject to the provisions of the third paragraph of this article, concluded at the moment of acceptance of the offer by counterparty and conditions laid down in this.

2.         If counterparty has accepted the offer, user  will conform the acceptance of the offer within eight days. As long as the receipt of such acceptance is not confirmed by user or user has not started with the actual implementation, there is no agreement with the other party established.

3.         User is (within legal frameworks) allowed to check if counterparty can fulfil his payment obligations, as well as all facts and factors that are important for the conclusion of the agreement. If user on the basis of this investigation is justified to question the agreement, he is entitled to refuse the order or to implement special conditions to the order.

4.         User will provide counterparty the following details, in writing or in a way that the counterparty can store the information on a durable medium: the establishment of user which counterparty may adress any complaints, the conditions and how consumers of the right of withdrawal can be exercised or a clear statement regarding the exclusion of the right of withdrawal and the information on guarantees and after-sales service.

Article 6 – Price

1.         All prices quoted on the website are including VAT and reading for shipping, unless expressly agreed otherwise in writing.

2.         Price does not include: special duties and/or taxes and other levies, special packaging, costs of loading and unloading, transport and insurance.

3.         Prices are based on costs at the time of offer. If the costs in raw (auxiliary) materials, components, transport, wages, insurance premiums, taxes, import duties, exchange rates, since the date of offer have increased, user is entitled to reflected this increase in the prices to counterparty.

4.         Acoording the preceding paragraph, the same applies if such cost-increasing factors were foreseeable at the time of conclusion of the contract.

5.         Counterparty has, in case the price increase occurs within three months after the conclusion of the contract, the right to cancel the contract without judicial intervention by means of a registered post.

6.         Counterparty is obliged to keep the fixed selling prices of the products delivered by user, unless otherwise specifically agreed in writing.

Article 7 – Delivery

1.         The delivery schedules can not be regarded as deadlines. For late delivery user should explicitly be asked to fulfil its obligations and be given a final deadline for delivery.

2.         Counterparty is obliged to check the (packaging of) delivered products for any defects immediately after delivery or after the notification of user that the products are disposed to counterparty.

3.         Any defective products or defects in the packaging that are found upon delivery, must be reported directly by counterparty to user through a Return Merchandise Authorization (RMA). 

4.         Minor deviations of the delivered goods, considered acceptable in the trade or technically unavoidable, never entitles counterparty to refuse the delivery.

5.         User has the right to deliver in partial deliveries, which user can invoice separately. Counterparty is obliged to pay in accordance with article 15 of these conditions.

6.         User has his delivery obligation fulfilled if the products are offered once to the buyer. The receipt, signed by the counterparty or the person it represents, stretches to full proof of delivery.

7.         In the event of non-purchase, transport costs shall be borne by the counterparty. After a period of four weeks user is entitled to sale (by private treaty) of these products.      

Article 8 – Transfer of ownership

1.         Delivered assets are subject to a reservation of title until the counterparty has fulfilled all payment obligations, the delivered products remain property of user.

2.         The counterparty is allowed to sell and transfer the products delivered under retention of title in the ordinary course of its business.

3.         When counterparty does not fulfil his obligations under the agreement, user is entitled to take back the delivered products, without any letter of formal notice or judicial intervention.

4.         In case user the products delivered actually has repossessed, the agreement is terminated.

Article 9 – Force majeure

1.         In case of force majeure, which (temporarily) prevent fulfilment of the agreement, the user shall be entitled to extend the delivery schedule by the duration of this obstacle.

2.         If the obstacle lasts longer than one month, the counterparty has the right to terminate the agreement, provided that the termination is effected by registered letter and is received ??by user for the delivery of the purchased products.

Article 10 – Right of withdrawal

1.         When purchasing products, the consumer can cancel the contract within 14 days without giving any reason. This cooling-off period begins on the day after the product is received by the consumer or a date fixed in advance by the consumer.

2.         During this period the consumer will handle the products and packaging carefully. He will extract or use the product only in the extent as necessary in order to assess whether he wishes to preserve the product. If he exercises his right of withdrawal, he will return the product to user, with all accessories and (if possible) in their original condition and packaging, in accordance with the reasonable and clear instructions of user.

3.         To exercise his right of withdrawal, the consumer shall act to the reasonable and clear instructions of user, provided at the time of the offer and/or at latest at the time of delivery.

4.         If the consumer exercises his right of withdrawal, just the costs of returning the products shall be borne by the consumer. The amount already paid by the consumer, will be refunded by user as soon as possible, but no later than thirty days after the return or cancellation.

5.         User may exclude the right of consumer to exclude, in the event consumer does not meet the requirements in the second and third paragraphs of this article.

6.         The right of withdrawal cannot be invoked by the consumer for products made??/assembled to the personal specifications of the consumer or for sealed products (hardware and software combination) which the consumer has opened.

Article 11 – Termination of agreement

1.         User reserves the right to terminate the agreement(s) with the counterparty immediately and without judicial intervention, if user: is in a state of bankruptcy, suspension of payments, or under forced administration, the invoices are not paid on schedule or otherwise any obligation under the agreement is not fulfilled.

2.         In a termination of the agreement, as referred to in the first paragraph of this article, all claims on the counterparty have fallen due directly and user is entitled to claim full compensation for damages, lost profits and/or interest.

Article 12 – Transportation

1.         The means of transport, shipping and packaging is determined by user, if no further instruction by counterparty is given. Any specific wishes of the counterparty regarding the way of transport are only conducted if the counterparty declares to pay the additional costs.

2.         The risk of damage and/or loss of products shall be borne  by user until the moment of delivery to counterparty or a representive, appointed and announced in advance to user, unless otherwise expressly agreed.

Article 13 – Complaints

1.         Defects in the delivered products should be reported within eight days after the receipt of the products.

2.         Complaints about invoices adressed to user must be made ??within eight days after shipment date. After the expiry of this term, counterparty accepted the products delivered and (the height of) the invoice and complaints are no longer taken into consideration.  

3.         The complaint, never dismiss the counterparty of its obligations.

4.         For the purposes of these provisions, each partial delivery is considered a separate delivery.

5.         Counterparty is not entitled to return products which he complains, without written permission from user.

Article 14 – Comformity and warranty

1.         User guarantees that the products and/or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability existing legal provisions and/or government regulations on the date of the conclusion of the agreement.

2.         If agreed, the user also ensure that the product is suitable for other than normal use.

3.         A warranty provided by user or manufacturer does not affect the legal rights of the counterparty.    

Article 15 – Returns

1.         Returns without prior authorization of user are not allowed. When this had happened anyway, the counterparty shall bear all the costs of the shipment. User is under those circumstances allowed to store the products at the expense and risk of the counterparty.

2.         Return shipments which are not accepted, relieves counterparty in no way from his payment obligation.

3.         Return shipments which are the result of defects at the time of receipt, shall be borne by the user.

Article 16 – Payment

1.         Payment by consumer must be made ??prior to delivery and by means of a digital transfer to a user designated bank account.

2.         For the first transaction payment by entrepreneur should be effected after receipt of the goods on a cash-on-delivery basis. For subsequent transactions, the trader on bill, whereby the user a payment period of fourteen days' notice is given.

3.         The entrepreneur has no possibility to set off any outstanding invoices due claims on his part.   

4.         If payment of the invoice by the entrepeneur is not received within the period of fourteen days after the invoice date by user, entrepeneur is obliged to pay user the costs actually incurred and collection costs legally recoverable.

5.         The payments made by the entrepeneur are first the costs and interest of the oldest outstanding invoices on deducted, even if entrepreneur indicates that the payment applies at a later invoice.

6.         If the payment of a partial delivery is not made on time by entrepreneur, user is entitled to suspend the remaining orders during the period in which the entrepreneur leaves a claimable (partial) invoice unpaid, without prejudice to the right of user to permanently terminate the deliveries and require payment of the oustanding claims.

Article 17 – Intellectual property

1.         Counterparty expressly acknowledges that all intellectual property rights of displayed information, notifications or other expressions regarding the products or  website belong to user.

2.         Counterparty is not allowed the information as described in the previous paragraph to use and/or modify, without express prior written consent of user.

3.         User declares that, as far as she knows, it does not infringe intellectual property rights of third parties applicable in Netherlands.

4.         If in a judicial proceeding is irrevocably established that a product delivered by user infringes any rights of third parties as referred in the previous paragraph, user is after consultation with the party concerned allowed to choose to: replace the product concerned by a product that does not infringe the law or return the product concerned in exchange of reimbursement of the paid price, without further compensation to be held.

5.         The layout, text, images and other parts of the website, with the exception of certain hyperlinks, is owned by user. It is not permitted to use the website or parts of it to disclosure, copy or save it without express written permission of user. This authorization is not required for personal use.

Article 18 – Personal Information and Privacy

1.         User will process the information submitted by counterparty in accordance with applicable privacy regulations and legislation.

2.         User attaches great importance that information remains secure and confidential. When counterparty is visiting the website and/or is placing an order, various data will be collected in order to offer an optimal service for counterparty.

3.         Data of counterparty is registered in a database by user, in accordance with the Data Protection Act (PDPA) only for communication with the relevant counterparty is used.

4.         It is at all times possible for counterparty to ask user what data have been processed. Counterparty has the right to inspect and correct their data. If the counterparty wishes to see data removed from the database, he may indicate this in writing by post or e-mail. Changes are immediately entered and processed.