Terms of service
General Terms and Conditions – Naketano GmbH
§ 1 Scope of Application
These General Terms and Conditions (hereinafter "GTC") of Naketano GmbH (hereinafter "Naketano") apply to all contracts concluded between Naketano and consumers or entrepreneurs (hereinafter "Customer") via the online shop (hereinafter "Naketano-Shop") regarding goods or other services offered by Naketano. Any conflicting conditions of the Customer shall not apply, even if Naketano is aware of them and carries out the delivery without reservation.
§ 2 Conclusion of Contract
(1) The product and service descriptions presented in the online shop, as well as references to them outside the online shop (such as advertisements), do not constitute a binding offer by Naketano to conclude a purchase agreement, but merely an invitation to the Customer to submit an offer.
By placing an order via the integrated shopping cart system, the Customer submits a binding offer to purchase the offered goods from Naketano, incorporating these GTC. After sending the order, the Customer receives a confirmation email confirming receipt of the order by Naketano. This order confirmation does not constitute an acceptance of the Customer's offer by Naketano, but merely confirms receipt of the offer. A purchase agreement is only concluded when Naketano sends an order confirmation in writing or text form, delivers the ordered goods to the Customer, or requests payment or collects the purchase price from the Customer's bank account.
(2) Technical and design deviations from descriptions and information in brochures, offers, and written documents, as well as changes in performance, construction, and materials in the course of technical progress, are reserved without the Customer being able to derive any rights therefrom. Information provided by Naketano regarding the products (technical data, dimensions, etc.) is only approximate and indicative; it does not constitute a guaranteed quality unless the guarantee is expressly given in writing or text form.
(3) For deliveries to Switzerland, the purchase agreement is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 MWST). This entity also handles customs clearance, invoicing, and delivery in Switzerland. This service is included in the purchase price and any calculated shipping costs. To ensure smooth delivery to Switzerland, we inform you for transparency reasons that MeinEinkauf GmbH in DE-Konstanz (DE285677365) is also involved in the trade chain. This does not result in any further costs for the buyer.
§ 3 Cancellation Policy (Right of Withdrawal)
Right of Withdrawal
You have the right to withdraw from this contract within 30 days without giving any reason.
The withdrawal 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 must inform us (Naketano GmbH, Alfredstraße 57-65, 45130 Essen, Deutschland, Telefax 0201/810996-11, email address: info@naketano.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the notification concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 30 days from the day on which we are informed about your decision to withdraw from this contract. For this reimbursement, we will use the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any case not later than 30 days from the day on which you communicate your withdrawal from this contract to us, at your own expense. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Model Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and return it.)
— To Naketano GmbH, Alfredstraße 57-65, 45130 Essen, Deutschland, Telefax 0201/810996-11, email address: info@naketano.de: — I/we () hereby give notice that I/we () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service ()
— Ordered on ()/received on ()
— Name of consumer(s) — Address of consumer(s)
— Signature of consumer(s) (only if this form is notified on paper)
— Date ()
(*) Delete as appropriate.
Please send returns to the following address:
Naketano GmbH / FIEGE NOW
c/o FIEGE Logistik Stiftung & Co. KG
Wareneingang FIEGE NOW - Halle 2.1.
Sülzenbrücker Straße 7
99192 Apfelstädt
For questions regarding an item on your credit card statement or direct debit, please contact: info@naketano.de.
§ 4 Exclusion of the Right of Withdrawal
A right of withdrawal does not exist if the Customer is not a consumer within the meaning of § 13 BGB (German Civil Code). Furthermore, there is no right of withdrawal in the cases specified in § 312 g Para. 2 BGB, unless the parties have agreed otherwise. These are, in particular:
• Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer,
• Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
• Contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
• Contracts for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts.
§ 5 Costs of Return Shipment in the Event of Exercising the Right of Withdrawal
In the event of withdrawal, the Customer shall bear the regular costs of the return shipment if the delivered goods correspond to those ordered. Otherwise, the provider bears the costs of the return shipment.
§ 6 Prices
(1) The prices stated as well as the separately shown additional shipping costs each include the applicable value-added tax (VAT).
(2) Member discounts do not apply to reduced items.
§ 7 Delivery, Transfer of Risk
(1) Delivery of the ordered goods is carried out by postal shipment. Naketano reserves the right to make partial deliveries, provided this is reasonable for the Customer. In the event of a delivery delay of more than 6 weeks, the Customer has the right to withdraw from the contract; in this case, Naketano also reserves the right to withdraw from the contract. Any services already rendered by both parties will then be reversed.
(2) Upon handover to the carrier, the risk of accidental loss and accidental deterioration of the ordered goods passes to the Customer. This also applies if the Customer is in default of acceptance of the ordered goods.
§ 8 Retention of Title
The delivered goods remain the property of Naketano until full payment of the entire purchase price has been made.
§ 9 Liability for Material Defects and Warranty
Rights regarding material defects and warranties are governed by statutory regulations.
§ 10 General Limitation of Liability
(1) Unless otherwise provided below, other and further claims of the Customer against Naketano, regardless of the legal grounds, in particular for breach of duties arising from the obligation and from tort, are excluded.
(2) This limitation of liability does not apply where liability is mandatory, e.g., under the Product Liability Act (Produkthaftungsgesetz), in cases of intent, gross negligence by legal representatives or senior employees, or in the event of a culpable breach of essential contractual obligations. In the event of a culpable breach of essential contractual obligations, Naketano shall only be liable for contract-typical, reasonably foreseeable damage, except in cases of intent or gross negligence by legal representatives or senior employees. The limitation of liability also applies to damages resulting from injury to life, body, or health and in the absence of a guaranteed quality if the purpose of the guarantee was specifically to protect the Customer against damage not occurring to the delivered goods themselves.
(3) To the extent that liability is excluded or limited, this also applies to the personal liability of employees, workers, staff, legal representatives, and vicarious agents.
§ 11 Data Protection
Naketano collects and uses personal data from the Customer exclusively within the framework of the provisions of the data protection law of the Federal Republic of Germany and the GDPR (DSGVO). Further details can be found in our Privacy Policy.
§ 12 Choice of Law, Jurisdiction
(1) The law of the Federal Republic of Germany applies to the contractual relationship between Naketano and the Customer. The application of the UN Sales Convention (CISG) is excluded.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the Customer and Naketano is the registered office of Naketano (Essen, Ruhr), provided the Customer is a merchant (Kaufmann) according to §§ 1 ff. HGB (German Commercial Code), a legal entity under public law, or a special fund under public law.
§ 13 Severability Clause
(1) If any provision of these GTC is or becomes invalid or unenforceable in whole or in part, the validity of the remaining provisions of the contract shall remain unaffected.
(2) Insofar as provisions have not become part of the contract or are invalid, the content of the contract shall be governed by statutory provisions.
October 2023, Naketano GmbH