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Terms of service

We, Naked GmbH, have summarized our general terms and conditions on this page. These refer to all sales contracts (B2C) concluded by consumers in our online store in order to comply with the information and confirmation obligations in accordance with Section 4 FAGG.
Unfortunately, it is necessary that these explanations sometimes sound very technical, but we tried to describe the most important things as easily and clearly as possible when creating. If you have any questions or ambiguities, you can contact us at any time.
Date of publication: 01.08.2018
Last update on 01.03.2023


Name or company of the company, as well as the address of the branch

Naked GmbH
Dorfstrasse 36
5101 Bergheim near Salzburg
Austria

UID number: ATU72271524
Business book number: FN 471496 B
COMPANIC COUNTRY: Salzburg

Managing Director: Christoph Fink, Florian Pflanzl
E-mail: support@nakedoptics.net(Feedback usually on the next working day)

Characteristics and prices of the goods
Our prices include the statutory sales tax, but with the exception of shipping costs. You can receive the essential features as well as the total price of the products (including VAT) as part of our website in the presentation and description of the corresponding products. Prices in non-EU countries do not include the statutory sales tax. Customs and similar taxes that we point out separately must be borne by the customer.

pay
We accept the following payment methods:

  • Credit card (Eurocard/Mastercard, Visa, American Express): When paying by credit card, the load will take place on the same day. When paying the credit card, the customer indicates the following data: card holder, card number, credit card company, date of validity, CVV code. After that, the 3D Secure Code is asked in a pop-up window. The handling takes place via the Stripe Inc. which transmits the data via SSL encryption with at least 128 bit key and is therefore not visible to unauthorized persons. More information can be found here: Data protection
  • PayPal:You can order cashlessly with PayPal from us. If you choose this payment method, you will be forwarded directly to PayPal for payment. If you already have a PayPal account, you can register with your account details and make the payment. If you are new to PayPal, you can create a user account free of charge by storing your bank or credit card data. You will then pay by specifying your e-email address and a password and will receive a payment confirmation by email. Your order will then be processed immediately.More information can be found here:Data protection
  • Klarna (Pay Now):When paying by Klarna, online banking access is required. You will be forwarded directly to Klarna for the payment. You must state your name, your email address and, if necessary, your address.More information can be found here:Data protection
  • EPS transfer: Online banking access is required when paying via EPS. You will be forwarded directly to your online banking for payment. You must state your name, your email address and, if necessary, your address.More information can be found here:Data protection
  • Amazon Pay: If you choose this payment method, you will be forwarded directly to Amazon Pay. If you already have an account, you can register with your account details and make the payment.More information can be found here:Data protection
  • Google Pay: If you choose this payment method, you will be directly available to GooglePayforwarded. If you already have an account, you can register with your account details and make the payment.More information can be found here:Data protection
  • Apple Pay: If you choose this payment method, you will be directly available to ApplePayforwarded. If you already have an account, you can register with your account details and make the payment.More information can be found here:Data protection
  • Shop Pay: If you choose this payment method, you will be directly available to shopPayforwarded. If you already have an account, you can register with your account details and make the payment.More information can be found here:Data protection
  • ideal
  • Bancontact

We accept payments via the payment options for removing the web shop. The buyer bears the costs of a money transaction. When using an external service provider (e.g. PayPal, Sofortüberweisung), its general terms and conditions must be observed.

Costs for the use of the remote communication means
Basically, by the use of our online services, you do not result in specific costs for the use of the remote communication means that you have a basic tariff for your internet access. If the corresponding costs arise in exceptional cases, we will expressly inform you of it before submitting your binding offer.


Susceptible delivery costs
The following shipping costs are incurred for each order. You can see the specific delivery costs as part of the ordering process before sending the order and in your virtual shopping cart. From an amount of over € 100, shipping costs will take over Naked GmbH for deliveries within Austria and Germany. If there is a right of withdrawal and is taken by it, the customer bears the costs of the return (see Right of withdrawal).

Availability, delivery conditions and delivery period
Depending on availability, our products are sent by handover to our shipping service provider, whereby the specified appointments only apply approximately and can therefore be exceeded by up to five working days. This deadline for determining the shipping date begins on the day of the full purchase price (including sales tax and shipping costs).

If the unavailable of the ordered goods are found in the web shop after the contract is concluded, but we can withdraw from the contract. In this case, the customer will be informed immediately and any advance payments will be reimbursed immediately.
If certain individual parts of the ordered goods are not available, we are entitled to replace them with technically same or higher-quality individual parts. We are entitled to partial deliveries of, separately usable products recorded in an order. We have to bear the additional costs caused by us.

Retention of title
The goods remain our ownership until full payment (including sales tax and shipping costs). A pledge, transfer of security, processing or redesign, before the transfer of property, is not permitted without our written consent.

Time and more precise 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 the "Order" button, you submit a binding purchase offer. The purchase contract with the customer is only concluded with our assumption. The offer is considered accepted by us as soon as we explain this to the customer in the form of an order confirmation or send the goods.For security reasons, the contract data is no longer available via the Internet. But they will be sent to you by email.

Discount vouchers provided can be used in the checkout process (or in front of the shopping cart) by entering the contract before the contract is concluded. The validity period of the voucher, convertible products and height of the value are different and individually depending on the displayed voucher. Several vouchers cannot be combined with one another when buying.

Every customer who is a consumer is entitled to cancel the offer in accordance with the special cancellation policy and to return the goods accordingly. Contracts for permanent or recurring services cannot be concluded via our website.

Right of withdrawal 


-------Information on the right of withdrawal-------

You have the right to revoke this contract within 30 (thirty) days without giving reasons. The cancellation period is 30 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.

To exercise your right of withdrawal, you have to Naked GmbH, in Dorfstraße 36, 5101 Bergheim near Salzburg, email: support@nakedoptics.net, Using a clear explanation (e.g. the return form, a letter sent by post, or email) information about your decision to cancel this contract. You can use the attached model cancellation form, which is not prescribed or fill out the online return form.

Ideally, fill the online return formour return portal.More information andtheLink to the portal can be found here: https://nakedoptics.net/pages/ruckgabeformular

If you make use of this option to use the online form, we can edit your request faster and complete the return faster. To maintain the cancellation period, it is sufficient for you to send the notification to the exercise of the right of cancellation before the cancellation period expires.

Consequences of the revocation
If you cancel this contract, we have all payments that we received from you, including the delivery costs (with the exception of the additional costs, which result from the fact that you have chosen a different type of delivery than the cheapest standard delivery we offered) immediately and at the latest within thirty days from the day on which the notification of this contract has been received. For this repayment we use the same means of payment that you used in the original transaction, unless something else has been expressly agreed with them; Under no circumstances will you be charged for fees for this repayment.
We can refuse the repayment until we have returned the goods or until you have provided the proof that you have returned the goods, depending on which the earlier time is.

Reversal
You must send the goods back to this address immediately and in any case within thirty days from the day on which you inform us of the revocation of this contract:

LKV Logistik GmbH
Attn: naked optics
Salzachtalstrasse 47
5400 Hallein
Austria


The deadline is preserved if you send the goods before the period of thirty days.Important: You bear the immediate costs of returning the goods. The costs are estimated at around 5 EUR (within Austria).

The consumer has no right of withdrawal for contracts:

  1. Goods that are made according to customer specifications or are clearly tailored to personal needs,
  2. Goods that are delivered sealed and are not suitable for return for reasons of health protection or for hygiene reasons, provided that their sealing has been removed after delivery.

You only have to pay for any loss of value of the goods if this loss of value is due to the quality, properties and functionality of the goods not necessary to deal with them. This means that the products should not have been used outside and the protective film on the inner glass of ski goggles is still in the case of glasses.

 

Additional information for payments made with Klarna or PayPal

If you paid for your order via

  • Klarna ("Purchase on Account" or "Pay Later") or
  • PayPal ("Pay Later," installment payment, or invoice purchase)

we recommend that you also register a return in the respective payment portal.

With Klarna, you can report your return in the Klarna app or the Klarna customer portal under "Report a problem." This will pause the invoice until the return is processed.

With PayPal, please do not open a dispute while your return is being shipped or processed. The refund will be issued automatically after successful inspection of the returned goods.

Please note that we cannot cover any late payment fees or additional charges incurred if payment deadlines with payment service providers are not met.

 

-----End of Cancellation Policy-------

 


Information about customer service and the applicable warranty and guarantee conditions
The legally determined warranty and limitation period applies to the assertion of warranty claims. In many countries, including Germany and Austria, the law provides that a seller is liable for a certain period of time (usually two years) if a product has defects in the event of delivery. Naked Optics does not offer any extra guarantee.

The warranty period is two years from the handover. The three-month limitation period begins with the expiry of the warranty period. Customer services, repair services, defects and the like can be used and registered at any time via our address mentioned above and the other communication options, which you can also refer to the imprint of our web shop at any time. You are entitled to the legally granted warranty aids. If we grant any further guarantee in individual cases, we will expressly inform you of this within the framework of the goods or service description. Claims for damages by the customer due to obvious material defects of the delivered goods are excluded if he does not indicate the defect within 24 months of delivery of the goods.

When sending the goods in consumer businesses, the risk of loss or damage to the goods only passes to the consumer as soon as the goods are delivered to the consumer or to a third party determined by the carrier. However, if the consumer has concluded the transport contract without using a selection proposed in our part, the danger is already passing on to the carrier by handing over the goods.


Disclaimer
Claims for damages by the customer are excluded, unless there is anything else for the following reasons. This also applies to the provider's representative and vicarious agent if the customer raises against these claims for compensation. Excluding claims for damages by the customer due to violation of life, body, health or essential contractual obligations, which must necessarily be met 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, jurisdiction and applicable law
The contract is composed in German. The contractual relationship is further implemented in German. It only applies to the law of the State of Austria. For consumers, this only applies to the extent that this does not restrict the state in which the customer has his place of residence or habitual residence. The place of jurisdiction is the seat of the provider in disputes with customers who are not a consumer, legal entity under public law or special funds under public law.
Only Austrian law is applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN-Kauflecht").

EU dispute settlement
Information on online dispute resolution: Consumers have the opportunity to address complaints to the EU's dispute settlement platform:Link to the page. You can also address any complaint to the e-mail address given above.

Arbitration board
We undertake in disputes in the arbitration process of the Internet Ombudsmanto participate:www.ombudsstelle.at. More information about the procedural types atwww.ombudsstelle.at. The OS platform can alsobe used:https://ec.europa.eu/consumers/odr

Our email address: support@nakedoptics.net
 

Final provisions
If one or more provisions of these terms and conditions are or become ineffective, the effectiveness of the other provisions will not be affected.

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