1. Terms of the agreement and scope:
All goods, services, offers and contracts offered by NaKu e.U. are exclusively subjected to these terms and conditions. Opposing or deviating conditions of our terms of sale will not be recognized, unless we have explicitly agreed to their validity by written consent. Our terms of sale apply, even if we unreservedly deliver, aware of the customer conflicting or deviating our conditions. These terms also apply to future transactions, even if there is no explicit reference to these terms mentioned. All agreements and by-agreements between the customer, the representative of the supplier or the supplier himself, as well as amendments to the contract shall only be binding if they are confirmed by written consent. The contract language is German.
2. Tenders and Contracts:
NaKus details of goods and prices within the ordering process are not binding. Naku, in particular, claims the right not to deliver previously offered goods in case they are temporarily unavailable. The clients’ order is processed either by submitting the completed order (NaKu internet order form) or by sending an e-mail that contains all the necessary details. NaKu accepts the order by sending an order confirmation via e-mail, fax or by sending the goods to the client. In case of writing, printing or calculation errors NaKu is entitled to withdraw from the contract.
3. Payment, Pricing and Delivery:
Unless stated otherwise, sales tax is excluded of the price. We deliver from our warehouse to a delivery address specified by the client exclusively against prepayment. Other payment options must have been confirmed in written consent. By handing over the goods to the Austrian Post, or a carrier, the risk of loss and damage is transferred to the client. Usually the order will be shipped in one to three business days after the receipt of payment. Delivery problems, outside of our responsibility, including any delays on behalf of our suppliers entitle us to extend the delivery period or to withdraw from the contract. A delivery will be shipped within the statutory period of 30 days after payment. The rejection of an order or the incapability to provide our services shall be notified immediately, any payments will be refunded.
4. Cancellation:
private customers:
The client has, provided that he is a consumer within the meaning of the Consumer Protection Act, the possibility to be refunded the purchase price of the ordered goods - for whatever reason (for example: not satisfied) - within 14 days after delivery in either exchange or return of the previously delivered goods. The client has to send the goods back to NaKu within this period of time. The returned merchandise has to be unused, packed properly within the original packaging. The costs and risks of the return and transit shall be placed with the customer. Otherwise, the guidelines of the Consumer Protection Act apply.
Commercial customers:
Custom orders can generally not be returned. Only in exceptional cases standard products can be returned, exclusively due to our express agreement and only in mint condition by a home delivery package service, within the period of two days after delivery, handling charges are withdrawn. A surcharge of 25% of product value will be withhold.
5. Warranty and Liability:
In general: NaKu is a decomposable product. You need ensure that our products are not exposed to decomposition-aiding circumstances. During the storage our products must be protected from moisture, high temperature and bacteria. Do not fill them with warm fluids. NaKu products are made from natural resources. According to that fact, its quality, color, dimension and surface quality is subject to wider fluctuations than that of conventional plastic products. These variations will not be recognized as reason for complains. The warranty period ends three months after shipment of the goods. Obvious defects must be immediately reported via mail within 7 working days after receiving the goods. In either case, NaKu claims the right to remove the defects or replace them, or refund the purchase price. If the repair or replacement fails, the client may cancel the contract. Any further claims by the client, especially claims for damages are excluded, unless the extent of the damage caused by NaKu has been either deliberately or through gross negligence.
6. Liability for site content:
We do not take any responsibility or liability for contents of websites that link to our homepage, as well as sites to which links provided on our homepage point, because they are beyond our control.
7. Information / assurances / information:
All verbal, written and in any other way provided data and information on applications of the products of NaKu are given with best of knowledge and belief. This information is based on experience, which’s regularity can’t be assured.
8. Copyright information:
The text NaKu as well as the NaKu logo are patent-protected property and may not be used independently without the written consent of NaKu.
9. Jurisdiction:
Jurisdiction for both parties can be sought at the competent court at the corporate headquarters in Wiener Neustadt. The Austrian legal system applies to all of our completed legal transactions.
10. Severability:
If any provision of the Terms, including these rules in whole or in part, be or become ineffective, or should the terms and conditions contain a loophole, the validity of the remaining provisions or parts of such provisions remains. Instead of the invalid or missing regulations rules, the regulation closest or similar to what was intended in creating the terms and conditions or the intended purpose of these Terms applies. This severability clause applies to all contracts concluded with customers.
Vienna, September 2009
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