This is the translation of our general terms and conditions of business. It was translated with the translation website https://www.deepl.com/de/translator. The aim of this translation is just for information and not legally binding. Our general information in German is legally obligated.
General terms and conditions of business
We, the NAKED GmbH, have summarized our general terms and conditions on this page. These refer to all purchase contracts (B2C) concluded by consumers in our online store in order to comply with the information and confirmation obligations according to § 4 FAGG. Unfortunately it is necessary that these explanations sometimes sound very technical, but we have tried to describe the most important things as simple and clear as possible. If you have any questions or ambiguities, you can always contact us via contact form or email.
Date of publication: 01.08.2018
Last adaption: 17.01.2020
The name or business name of the company, and the address of the branch
5101 Bergheim, Salzburg
UID number: ATU72271524
Company registration number: FN 471496 b
Commercial register court: Salzburg
Director: Christoph Fink
Characteristics and prices of the goods
Our prices are inclusive of the statutory value added tax but excluding shipping costs. The essential features as well as the respective total price of the products (incl. VAT) can be obtained within the scope of our Internet offer directly at the presentation and description of the corresponding products. Prices in non-EU countries do not include the legal sales tax. Customs duties and similar charges, to which we refer separately, are to be borne by the customer.
We accept the following payment methods:
- Credit card (Eurocard/MasterCard, Visa, American Express). If you pay by credit card, the charge will be made on the same day. When paying by credit card, the customer provides the following data: Cardholder, card number, credit card company, expiry date, CVV code. A pop-up window will then ask for the 3D Secure Code. The transaction is carried out by STRIPE Inc. which transmits the data via SSL encryption with at least 128 bit key and is therefore not visible to unauthorized persons. Further information can be found here: Data protection
- Bank transfer. If the payment method is bank transfer, the customer must make payment within one week of receipt of the order confirmation. Delivery will only be made after receipt of payment.
We accept payments via the payment options available in the web shop. The buyer bears the costs of a money transaction. When using a payment system of an external service provider (e.g. PayPal), their general terms and conditions must be observed.
The cost of using the means of distance communication
In principle, you will not incur any specific costs for the use of the means of distance communication by using our online services beyond the pure basic tariff for your Internet access. If, in exceptional cases, corresponding costs should nevertheless arise, we will expressly draw your attention to this before submitting your binding offer.
Delivery costs incurred
Per order the following shipping costs will be charged once. You can see the actual delivery costs incurred during the ordering process in detail before sending the order and in your virtual shopping cart. From an amount of more than € 100, NAKED GmbH will bear the shipping costs for deliveries within Austria and Germany. If there is a right of revocation and this is exercised, the customer bears the costs of the return shipment (see right of revocation).
Availability, delivery conditions and delivery period
Depending on availability, our products are shipped by handing them over to our shipping service provider, whereby stated deadlines are only approximate and can therefore be exceeded by up to five working days. This period, which is decisive for determining the date of dispatch, begins on the day of receipt of the full purchase price (including VAT and shipping costs).
If, after conclusion of the contract, the unavailability of the goods ordered but marked as available in the web shop is determined, we may withdraw from the contract. In this case the customer will be informed immediately and any advance payments will be refunded immediately.
If certain individual parts of the ordered goods are not available, we are entitled to replace them with technically equivalent or higher quality parts. We are entitled to make partial deliveries of products that are included in an order and can be used separately. The additional costs incurred thereby shall be borne by us.
Retention of title
The goods remain our property until full payment (including sales tax and shipping costs) has been received. Pledging, transfer of ownership by way of security, processing or transformation is not permitted without our written consent prior to transfer of ownership.
Time and exact circumstances of the conclusion of the contract
The contract is concluded exclusively in electronic business transactions via the shop system. The information, prices and other descriptions of goods provided on our website do not constitute a binding offer to conclude a contract. By clicking on the button "Order subject to payment" you submit a binding offer to purchase. The purchase contract with the customer is only concluded with our acceptance. The offer is considered accepted by us as soon as we declare this to the customer in the form of an order confirmation or send the goods.
For security reasons, the contract data can no longer be accessed via the Internet. However, they will be sent to you by e-mail.
Every customer who is a consumer is entitled to revoke the offer in accordance with the special cancellation policy and, if necessary, to return the goods accordingly. Contracts for permanent or recurring services cannot be concluded via our internet offer.
Right of withdrawal
--- Reference to the right of withdrawal---
You have the right to cancel this contract within 30 (thirty) days without giving reasons. The revocation period is 30 days from the day on which you or a third party designated by you, other than the carrier, took or has taken possession of the last goods.
In order to exercise your right of revocation, you must inform us, NAKED GmbH, at Dorfstraße 36, 5101 Bergheim bei Salzburg, e-mail: firstname.lastname@example.org, by means of a clear statement (e.g. the returns form, a letter sent by post, or e-mail) of your decision to revoke this contract. You can use the attached sample cancellation form, which is not mandatory, or fill out the online return form.
Ideally, you should fill out the online return form on our website and submit it to us: https://nakedoptics.net/en/return
If you make use of this possibility to use the online form, we can process your request faster and complete the return faster. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund.
We may refuse to make a refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to this address without delay and in any case within thirty days at the latest from the day on which you inform us of the cancellation of this contract:
LKV Logistik GmbH
Attn: NAKED Optics
The deadline is met if you send the goods before the expiry of the thirty-day period. Important: You bear the direct costs of returning the goods. The costs are estimated at about 5 EUR (within Austria).
The consumer has no right of withdrawal for contracts about:
- Goods that are manufactured according to customer specifications or are clearly tailored to personal needs,
- Goods which are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery.
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for checking their nature, properties and functioning. This means that the products should not have been used outside and, in the case of goggles, the protective film should still be on the inner lens of a pair of ski goggles.
---End of the cancellation policy---
Information on customer service and the applicable warranty and guarantee conditions
The statutory warranty period is two years from delivery. Customer services, repair services, notifications of defects and the like can be made use of and registered at any time via our above-mentioned address as well as the other communication possibilities, which can also be found in the imprint of our web shop at any time. You are entitled to the usual statutory warranty rights. Should we grant warranty services beyond this in individual cases, we will expressly inform you of this in the context of the description of goods or services.
Claims for damages of the customer due to obvious material defects of the delivered goods are excluded if he does not notify us of the defect within a period of two weeks after delivery of the goods.
In the case of dispatch of the goods in consumer transactions, the risk of loss or damage to the goods shall only pass to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. However, if the consumer himself has concluded the contract of carriage without making use of a choice proposed by us, the risk shall pass to the consumer as soon as the goods are handed over to the carrier.
Exclusion of liability
Claims for damages by the customer are excluded, unless something else arises from the following reasons. This also applies to the representative and vicarious agents of the provider, if the customer claims for damages against these claims. Excluded are claims for damages of the customer due to injury to life, body, health or essential contractual obligations, which must be fulfilled to achieve the contractual goal. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
Language, place of jurisdiction and applicable law
The contract shall be drawn up in German. The further execution of the contractual relationship will be in German. The law of the country Austria shall apply exclusively. For consumers, this shall only apply insofar as no statutory provisions of the state in which the customer has his residence or usual place of abode are restricted thereby. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.
Contracts between us and you shall be governed exclusively by Austrian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").
Rights as affected party
You have the right to access your personal data, as well as the right to rectify or delete or limit the processing. They may also object to the processing and have the right to have their personal data transferred in a structured, machine-readable form. For all the above rights, please contact the contact details of the data controller.
Right of complaint
They also have the right to lodge a complaint with a supervisory authority. For Austria this is the Austrian Data Protection Authority, Barichgasse 40-42, 1030 Vienna, telephone: +43 1 52 152-0, e-mail: email@example.com, web: https://www.dsb.gv.at/.
EU Dispute Settlement
Information on online dispute resolution: Consumers have the possibility to submit complaints to the EU Online Dispute Resolution Platform: Link to the page. You can also send any complaints to the e-mail address above.
We undertake to participate in the Internet Ombudsman's arbitration procedure in the event of disputes: www.ombudsmann.at. Further information on the types of proceedings is available at www.ombudsmann.at. The OS platform can also be used for the settlement of disputes with our company: https://ec.europa.eu/consumers/odr.
Our e-mail address: firstname.lastname@example.org
Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.