General Terms and Conditions of NaKu
Our terms and conditions
General agreement and scope:
For all goods, services, offers and contracts offered by NaKu, the General Terms and Conditions of NaKu eU apply exclusively. We do not recognize terms and conditions that conflict with or deviate from our terms of sale, unless we have expressly agreed to their validity in writing. Our terms of sale also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating conditions of the customer. These GTC also apply to future transactions, even if no express reference is made to these GTC. All agreements and ancillary agreements between the customer, the supplier's representative or the supplier himself, as well as amendments to the contract, are only binding if they have been confirmed by us in writing. The contract language is German.
Offers and conclusion of contract:
Information from NaKu on goods and prices within the ordering process is subject to change and non-binding. In particular, NaKu has the right to refrain from delivering the goods offered if they are not available. The customer places the order either by submitting the fully completed order form in the NaKu online shop or by sending an e-mail containing all the necessary order data. NaKu accepts the order by sending an order confirmation by e-mail, fax or by sending the goods to the customer. In the case of writing, printing and calculation errors, NaKu is entitled to withdraw.
Payment, prices, delivery and data protection:
Unless otherwise stated, the prices in the online shop are exclusive of 20% sales tax. Delivery is made from our distribution warehouse to a delivery address specified by the customer only against advance payment and on account. Other payment options must be agreed with us in writing in advance. When the goods are handed over to Österreichische Post AG or a freight forwarder, the risk of loss and damage is transferred to the customer. The standard delivery time from order to dispatch is approx. 2-5 working days from receipt of payment. Delivery difficulties due to circumstances beyond our control, including any delivery delays on the part of our suppliers, entitle us to extend the delivery time or to withdraw from the contract. Delivery takes place within the statutory delivery period of 30 days from payment. The rejection of an order or the impossibility of providing the service will be communicated immediately and any payments will be refunded. NaKu strictly adheres to the applicable data protection law when storing and processing your data. Customer data is processed and stored exclusively from the point of view of business necessity. By placing your order or by accepting the terms and conditions, you agree that your data may be forwarded to subsequent cooperation partners (suppliers, delivery agents) for the purpose of delivery. The personal data (e.g. name, address, email, etc.) are processed exclusively for the purpose for which the user has provided them. This website uses Google Analytics, a web analysis service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and that enable an analysis of the
use of the website by you. The information generated by the cookie about your use of this website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information to evaluate your use of the website, to compile reports on website activity for website operators and to provide other services related to website activity and internet usage. However, if IP anonymization is activated on this website, Google will shorten your IP address beforehand within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. Google may also transfer this information to third parties if this is required by law or if third parties process the data on Google's behalf. Google will never associate your IP address with other Google data. You can prevent cookies from being installed by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
Resignation:
Private/end use customers: If the customer is a consumer within the meaning of the Consumer Protection Act, the customer has the option of returning the ordered goods for a refund of the purchase price - for whatever reason (e.g. if you do not like it) - within 14 days of receipt of the return or exchange goods. The customer maintains this deadline by sending the goods to NaKu in good time. The returned goods must be unused, flawless and in their original packaging. The costs and risks for the return and shipping are to be borne by the customer. When returning the package, the postage plus 40% of the postage price must be borne by the customer. Otherwise, the guidelines of the Consumer Protection Act apply. Commercial customers: Custom-made products are generally not taken back. Standard products can only be delivered in exceptional cases after express agreement and only in perfect condition, packaged free of charge. However, they can be taken back up to 2 days after delivery at the latest, for a processing fee of 25% of the value of the goods. The color of the products shown in the online shop may differ from the actual color of the product.
Warranty and liability:
Basics: NaKu are degradable products. Our organic bags and sacks, made from renewable raw materials, are biodegradable and should be used within 1,5 to a maximum of two years, as their tear resistance decreases after about a year due to their natural origin and biodegradability and has decreased by 18-10% after 15 months. Please store in a cool, dry place. Care must be taken to ensure that they are not exposed to situations that promote decomposition. During storage, our products must be protected from moisture, high temperatures and bacterial contamination. No warm liquids may be poured into them. NaKu products are made from natural raw materials. Accordingly, quality, color, dimensions and surface quality are subject to greater fluctuations than those of conventional plastic products. These fluctuations cannot therefore be accepted as grounds for complaint. The warranty period is 3 months from dispatch of the goods. Obvious defects must be reported in writing immediately (within 7 working days at the latest) after receipt of the goods. In the event of a warranty claim, NaKu is entitled to either remedy the defect, provide a replacement delivery or refund the purchase price. If the remedy of the defect or the replacement delivery fails, the customer can withdraw from the contract. Any further claims by the customer, in particular claims for damages, are excluded unless the damage was caused intentionally or through gross negligence by NaKu.
Liability for website content:
No responsibility or liability can be assumed for the content of homepages that refer to this homepage with a link or homepages to which we refer, as they are beyond our control.
Information/ Assurances/ Information:
All verbal, written and otherwise provided statements and information about the possible uses of NaKu products are given to the best of our knowledge and belief. However, this information only represents empirical values that are not considered to be regularly guaranteed.
Copyright notices:
The NaKu wording and the NaKu logo are protected by patents and may not be used independently without the written consent of NaKu.
Jurisdiction:
The place of jurisdiction for both parties is the competent court at the headquarters of the company: Wiener Neustadt. The Austrian legal system applies to all legal transactions concluded by us.
Severability clause:
Should individual provisions of the General Terms and Conditions, including these regulations, be or become invalid in whole or in part, or should the General Terms and Conditions contain a regulatory gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by regulations that come closest to what was intended when the General Terms and Conditions were created or what would have been intended with the spirit and purpose of these General Terms and Conditions. This severability clause also applies to all contracts concluded with customers. As of November 2024.