General agreement and scope (the General Terms and Conditions of NaKu e.U.):
For all goods, services, offers and contract conclusions offered by NaKu, the General Terms and Conditions of NaKu e.U. apply exclusively. We do not recognize conditions contradicting or deviating from our Terms and Conditions, unless we have explicitly agreed to their validity in written form. Our sales conditions also apply if we, being informed of conflicting or deviating conditions for the buyer, execute the delivery to the customer without reservations.
These Terms and Conditions also apply to future transactions, even if it is not explicitly referred to these Terms and Conditions.
All agreements and collateral agreements between the customer, the representative of the supplier or the supplier himself, as well as amendments to the contract are only binding if they are confirmed by us in written form. The contract language is German.
Tenders and Contract Conclusions:
Information of NaKu about products and prices within the order process are non-binding. NaKu reserves the particular right to refrain from delivering offered goods in the event of unavailability. The order of the customer can take place either through transmitting the completely filled order form in the NaKu-online shop or though an e-mail that contains all required order data. NaKu accepts the order by sending an order confirmation via e-mail, fax or by delivering the goods to the buyer. In case of writing, printing or calculation errors, NaKu is entitled to withdraw.
Payment, delivery and prices:
Unless otherwise specified, all prices in our online store include 20% value added tax. Delivery is ex storage to a delivery address specified by the customer, exclusively against prepayment or purchase on account. Other payment options must be confirmed in writing with us in advance. By handing over the goods to the Austrian Post AG or a courier service the risk of loss and damage transfers to the buyer. The standard delivery time from ordering through to shipment is about 2 – 5 business days from receipt of payment, or by arrangement. Delivery problems because of circumstances which are not our responsibility, including any delays on the side of our suppliers, shall entitle us to extend the delivery period or to withdraw from the contract. Delivery takes place within the statutory period of 30 days from the receipt of payment. The rejection of an order or the impossibility of performance is communicated immediately, any payments will be refunded.
NaKu strictly observes the law concerning the storage and processing of personal data. Customer data will be processed and saved only for business needs. With your order or by accepting the Terms and Conditions you agree that your data will be transmitted to subsequent cooperation partners (suppliers, deliverers) for the purpose of delivery.
The personal data (name, address, e-mail …) will be used exclusively for the purpose for which the user provided them. This Website uses Google Analytics, a web analytics service offered by Google Inc. (“Google”). Google Analytics uses so-called “Cookies”, text files which will be saved to your computer and allow an analysis your use of our website. The information about your use of the website generated by the Cookies (including your IP-address) will be transmitted to a server of Google in the USA and saved there. Google will use this information to evaluate your use of the website, to create reports of website-activities for the website-operators and to provide further services related to the website and internet use. In the case of activating the IP anonymization for this website Google will shorten your IP address first within countries of the European Union or in other contractual parties to the agreement on the European Economic Area. Only in exceptional cases the IP address will be transmitted to a server of Google in the USA and be shorted there. Furthermore Google will give this information occasionally to a third party if it is prescribed by law or if the third party processes the data in behalf of Google. Google will not associate your IP-address with any other data of Google. You can prevent the installation of the Cookies by adjusting your browser software, but we must point out that you then might not be able to use the full extent of the website. By the usage of the website you agree to the processing of the data collected about you by Google as described before. Furthermore you can prevent the gathering of the data generated by the Cookie and data related to the use of the website (including your IP-address) and the processing of this data by Google by downloading and installing the browser-plugin available at the following Link: http://tools.google.com/dlpage/gaoptout?hl=de.
Private customers/consumers: The client has, provided that he is a consumer within the meaning of the Consumer Protection Law, the possibility to exchange or return the ordered goods within 14 days from receipt of the goods, no matter the reason (for example: not being satisfied) against reimbursement of the purchase prize. The client has to send the goods back on time to NaKu within this period of time. The returned goods have to be unused, unscathed and packed properly in their original packaging. The costs and risks of the return and transit lie with the customer. Upon return delivery of the package the postage plus 40 percent of the postage fee shall be borne by the customer. Otherwise the guidelines of the Consumer Protection Law apply.
Commercial customers: Custom-made products can generally not be returned. Only in exceptional cases standard products can be returned with free delivery, exclusively due to an explicit agreement and only in perfect condition, within the period of two days after delivery. Processing costs of 25% of product value will be involved.
Warranty and Liability:
In general: NaKu is a decomposable product. You need ensure that our products are not exposed to decomposition-supporting circumstances. During storage our products must be protected from moisture, high temperature and bacteria. Do not fill them with warm fluids. NaKu products consist of natural raw materials. Accordingly the quality, color, dimension and surface quality is subject to stronger fluctuations than those of conventional plastic products. These variations will not be recognized as reason for complaint. The warranty period ends three months after shipment of the goods. Obvious defects must be immediately reported in written form within 7 working days after receiving the goods. In case of warranty claim, NaKu claims the right to remove the defects, to replace the products, or refund the purchase price. If the remedy or replacement fails, the client may withdraw from 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.
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 with links provided on our homepage, because they are beyond our control.
Disclosures / assurances / information:
All verbal, written and in any other way provided data and information on application possibilities of NaKu products are given with the best of our knowledge and belief. This information is based on experience, which’s regularity can’t be assured.
The wording NaKu, as well as the NaKu logo, are patent-protected property and may not be used independently without written consent of NaKu.
Place of jurisdiction:
Place of jurisdiction for both parties is the competent court at the corporate headquarters in Wiener Neustadt. The Austrian legal system applies to all of our completed legal transactions.
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, August 2015