General Terms and Conditions (Terms of Service)
We, the NAKED GmbH, have summarized our terms and conditions on this page. These relate to all sales contracts concluded by consumers in our online store (B2C) in order to comply with the information and confirmation obligations under § 4 FAGG. Please not that this site is just a translation from the German original here. The legal binding conditions are the original terms.
Unfortunately, these explanations may sometimes sound very technical, but we have tried to describe the most important things as simply and clearly as possible. For questions or ambiguities, you can contact us at any time via contact form or email.
Date of publication: 01.08.2018
Name or company of the company, as well as the address of the branch
5101 Bergheim, Salzburg
UID number: ATU72271524
Commercial register number: FN 471496 b
Commercial register court: Salzburg
Tel .: +436604427121
Features and prices of the goods, payment
Our prices are inclusive of VAT but excluding shipping costs. The essential characteristics as well as the respective total price of the products (inclusive of VAT) can be obtained directly in the presentation and description of the corresponding products in the context of our Internet offer. Prices in non-EU countries do not include VAT. Customs duties and similar charges, which we separately refer to, are to be covered by the customer.
We accept payments via the payment options stated on the webshop. The cost of a money transaction is borne by the buyer. When using a payment system of an external service provider (e.g., PayPal), its terms and conditions must be adhered to.
Cost of using the means of distance communication
In principle, the use of our online services does not incur any specific costs beyond the basic basic tariff for your Internet access for the use of the means of distance communication. If, in exceptional cases, such costs nevertheless arise, we will expressly inform you before submitting your binding offer.
Susceptible delivery costs
The following shipping costs apply once per order. The actual delivery costs can be seen during the ordering process in detail before sending the order and in your virtual shopping cart. For deliveries within Austria and Germany, the shipping costs of more than € 100 are covered by NAKED GmbH. If there is a right of withdrawal and is made by this used, the customer bears the cost of the return (see right of withdrawal).
Availability, terms of delivery and delivery period
Depending on availability, our products will be shipped through our shipping service provider, whereby specified dates are only approximate and therefore can be exceeded by up to five working days. This period, which determines the date of the shipment, begins on the day the full purchase price is received (including VAT and shipping costs).
Should ordered goods not be available anymore but where market as on stock in our webshop, so we keep our right withdraw from the contract. The customer will be informed straight away in this case and any advance payments will be refunded immediately.
If certain individual parts of the ordered goods are not available, we are entitled to exchange these with technically equivalent or higher quality items. We are entitled to partial deliveries of products that are included in an order and can be used separately. The resulting additional costs are covered by us.
Retention of title
The goods remain our property until the full payment is received (including VAT and shipping costs). Pledging, assignment, processing or transformation is prohibited without the prior written consent of the owner.
Time and exact circumstances of the conclusion of the contract
The contract is concluded exclusively in electronic commerce via the shop system. The information, prices and other descriptions of goods made available on our website do not constitute a binding offer to conclude a contract. By clicking on the button "Order for payment" you are making a binding offer to buy. The purchase contract with the customer is only concluded with our acceptance. The offer is deemed accepted by us as soon as we declare this to the customer in the form of an order confirmation or ship the goods.
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 can not be concluded via our internet service.
------- Instructions on the right of withdrawal -------
You have the right to withdraw from this contract within 30 (thirty) days without giving any reason. The cancellation period is 30 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us, NAKED GmbH in Dorfstrasse 36, 5101 Bergheim, Salzburg, E-Mail: firstname.lastname@example.org, by means of a clear statement (eg the returns form, one with the post sent letter, or e-mail) about your decision to cancel this contract. You can use the attached model withdrawal form, which is not mandatory, or complete the online return form.
Ideally, fill out the online return form on our website and submit it to us: nakedoptics.net/en/return
If you make use of this opportunity to use the online form, we can process your request faster and complete the return process faster. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this agreement, we commit to pay back all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery) within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to the below address immediately and in any event not later than thiry days from the date on which you inform us of the cancellation of this contract:
5101 Bergheim, Salzburg
The deadline is met if you send the goods before the deadline of thirty days. Important: You bear the immediate costs of returning the goods. The costs are estimated at about 5 EUR (within Austria).
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods. That is, the products should not have been used outdoors and the lenses still have the protective film on the inner glass.
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Information about customer service and applicable warranty and warranty conditions
The statutory warranty period is two years from delivery. After-sales services, repair services, notification of defects and the like can be obtained at any time via our above mentioned address as well as the other communication possibilities, which you can also read at any time from the imprint of our webshop. You are entitled to the usual statutory warranty rights. Should we grant additional warranty services in individual cases, we will inform you explicitly in the context of the goods or service description.
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.
Claims for damages of the customer are excluded, unless otherwise stated for the following reasons. This also applies to the representative and vicarious agents of the provider, if the customer raises these claims for damages. Excluded are claims for damages of the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. 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, jurisdiction and applicable law
The contract is written in German. The further implementation of the contractual relationship takes place in German. It exclusively applies the law of the country Austria. For consumers, this applies only insofar as this does not restrict any statutory provisions of the state in which the customer has his domicile or habitual residence. The place of jurisdiction for disputes with customers who are not a consumer, a legal entity under public law or a special fund under public law is the registered office of the provider.
Exclusively Austrian law is applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG, "UN Sales Convention").
Information on online dispute resolution: Consumers have the option of complaining to the EU's online dispute resolution platform: Link to the page. You can also address any complaint to the above e-mail address.
Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions otherwise.