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. Deliveries are made from our distribution center 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 forwarding agent, the risk of loss and damage passes to the customer. The standard delivery time from the order to dispatch is approx. 2-5 working days from receipt of payment. Delivery difficulties due to circumstances for which we are not responsible, including any delivery delays on the part of our suppliers, entitle us to extend the delivery time or to withdraw from the contract. The delivery takes place within the statutory delivery period of 30 days from payment. The refusal of an order or the impossibility of providing the service will be communicated immediately, any payments will be refunded. When storing and processing your data, NaKu adheres strictly to the applicable data protection law. Customer data is processed and stored exclusively from the point of view of business necessity. You agree with your order or By accepting the terms and conditions, you agree that your data can be forwarded to subsequent cooperation partners (suppliers, mail carriers) for the purpose of delivery. The personal data (e.g. Name, address, e-mail,..) are processed exclusively for the purpose for which the user provided them. This website uses Google Analytics, a web analysis service from Google Inc. ("Google"). Google Analytics uses so-called "Cookies", text files that are stored on your computer and that enable an analysis of your use of the website. The information generated by the cookie about your use of this website (including your IP address) is transmitted to a Google server in the USA and stored there. 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. If IP anonymization is activated on this website, however, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of 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 required to do so by law or if third parties process this data on Google's behalf. Under no circumstances will Google associate your IP address with other Google data. You can refuse the use of cookies by changing the settings on your browser; however, we point out that you may not be able to use all features of this website in this case. 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 the collection of the data generated by the cookie and related to your use of the website (incl.

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 is a decomposable product. Care must be taken to ensure that these are not exposed to situations that favor decomposition. During storage, our products must be protected from moisture, high temperatures and bacterial attack. No warm liquids may be filled in. NaKu products are made from natural raw materials. Accordingly, quality, colour, dimensions and surface quality are subject to greater fluctuations than those of conventional plastic products. These fluctuations can therefore not be recognized as a reason for complaint. The warranty period is 3 months from shipment 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, deliver a replacement or refund the purchase price. If the elimination of the defect or replacement delivery fails, the customer can withdraw from the contract. Claims by the customer going beyond this, in particular claims for damages, are excluded unless the damage was caused by NaKu intentionally or through gross negligence.

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 provisions, be or become wholly or partially invalid, 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. Instead of the invalid or missing provisions, regulations come into force that come closest to what was intended when the General Terms and Conditions were created or would have been intended with the meaning and purpose of these General Terms and Conditions. This severability clause also applies to all contracts concluded with customers. As of January 2016