1. GENERAL

Our goods and services are provided to you subject to the terms and conditions set forth in this agreement (hereinafter referred to as "the Agreement"). We may occasionally modify the terms governing your use of our site. We may change, move, or delete portions of our site or add to it from time to time. Each time you wish to use our site, we invite you to review these terms to ensure you understand the terms and conditions in effect at that time. NAKED underwear reserves the right to modify this site and these general conditions at any time.

 

To make purchases on our site, you must be at least 16 years old. Any access, browsing, or use of the site implies your acceptance of all the terms and conditions of this Agreement. If you disagree with any part of these General Conditions, we invite you to cease any use of our site immediately. Please read this agreement carefully before continuing.

 

Please also consult our Privacy Policy regarding the collection, use, and sharing of information you provide to us. NAKED underwear may send you an email to inform you of changes or additions to this site, any of NAKED underwear's products or services, or for other purposes with your consent. You can unsubscribe at any time by using the link provided in each of these emails or by modifying your account settings NAKED underwear.

For any questions regarding our General Conditions or our Privacy Policy, you can contact us at any time at contact@NAKED-underwear.com.

 

2. USE OF OUR WEBSITE

 

By using this site, you authorize the processing of your information and details and declare that all the information or details provided are true and accurate. You declare and warrant that you are at least 18 years old or are visiting the site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, NAKED underwear hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access the Site and use it by displaying it on your Internet browser solely for your personal shopping and not for commercial purposes or the name of a third party, except with express prior authorization provided by NAKED underwear. Any violation of this Agreement will result in the immediate revocation of the license granted in this paragraph without any notice.

 

Except as expressly authorized in the paragraph above, you may not reproduce, distribute, broadcast, sell, transmit, create derivative works, translate, alter, disassemble, decompile, decrypt, or exploit this website in any manner, in whole or in part, without the express written permission of NAKED underwear. You may not use any of the information provided on the site for commercial purposes, nor use this site for the benefit of another business, without the express permission of NAKED underwear. NAKED underwear reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if NAKED underwear believes that customer behavior violates applicable law or harms the interests of NAKED underwear.

 

You may not upload, distribute, or publish through this site any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to civil or criminal liability under local or international law; or (c) includes bugs, viruses, worms, trap doors, Trojan horses, or any other harmful code or properties. NAKED underwear may assign you a password and user account to enable you to access and use certain parts of this site. Whenever you use a password or identification, you will be deemed authorized to access and use the site in accordance with the terms and conditions of this Agreement. NAKED underwear is under no obligation to investigate the authorization or source of such access or use of the site.

 

You are solely responsible for all access to and use of this site by anyone using the password and identification initially assigned to you, whether or not such access and use of this site was actually authorized by you, including, without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You must immediately notify v of any unauthorized use of your password and/or identification, or any other breach or threatened breach of the security of this site.

 

In accordance with customs regulations, customers must provide valid and accurate data. The recipient's first and last names, address, and the sender's first and last names must be valid. Some countries require the recipient to present an ID document or passport to clear the package or for payment verification purposes. Customers are solely responsible for the accuracy of the data they provide to us. If any information is incorrect and prevents the shipping, delivery, or customs clearance, we cannot be held responsible and will not offer any compensation.

 

NAKED underwear commits to always comply with the law and to remind all its users to do the same. As importers, customers are required to comply with all laws and regulations in force in their country. For more information, we invite you to consult our Privacy Policy.

 

3. INFORMATION AND DATA MANAGEMENT POLICY

 

When you use this website and place orders through it, you agree to provide us with your email address, postal address, and/or other contact details truthfully and accurately.

 

You also agree that we may use this information to contact you regarding your order if necessary.

 

We respect your right to privacy. To know how we collect and use your personal information, please consult our Privacy Policy.

 

4. ERRORS

 

If, when registering as a user of this site, you made an error in filling out your personal data, you can modify it at any time in the "My Account" section. In any case, you will be able to correct your personal data associated with your order by contacting us, or by exercising your right of rectification provided in our Privacy Policy via our site NAKED underwear. During the purchase process on our site, certain fields must be filled out correctly to proceed to the next step. Furthermore, this website provides all details concerning the items added to your shopping cart so that, at the time of payment, you can modify the details of your order.

 

If you notice an error in your order after validating your payment, you must immediately contact our customer service or write to us at the above email address to correct this error.

 

Although NAKED underwear strives to provide accurate information regarding items and their prices, price or typographical errors may occur. NAKED underwear can only confirm the price of an item once the order is validated. In the event that an item is listed at an incorrect price or with incorrect information due to a pricing error or information about the product, NAKED underwear reserves the right, at its sole discretion, to refuse or cancel any order placed for this item. In the event that the price of an item is incorrect, NAKED underwear may, at its discretion, contact you for information or cancel your order and notify you of this cancellation.

 

5. BUSINESS RULES

 

5.1 Price and Payment

 

All prices include VAT (if applicable) at the rate corresponding to the country of receipt and are deemed correct at the time of entering the information into the system. If, for any reason, we are unable to ship your order, the value of the unshipped items will be refunded to the wallet linked to your account NAKED underwear or to the account originally used to pay for the order.

 

All prices are exclusive of delivery charges. The total cost of the order is the price of the products ordered plus delivery charges.

 

Prices may change at any time, but changes (other than those mentioned above) will not affect orders for which we have already sent a confirmation.

 

Once you have selected all the items you wish to buy, they will be added to your cart. The next step will be to finalize the order and make the payment. To do this, you must follow the steps of the purchase process, providing or verifying the information requested at each step. Please note that throughout the purchase process, before payment, you have the possibility to modify your order details. You will find a detailed description of the purchase process in the Purchase Guide. Additionally, if you are the owner of a user account on our site, all orders placed are automatically recorded in the "My Account" section. We accept, among others, the following payment methods: Visa, Mastercard, American Express, Union Pay, Paypal, and other online banking services.

 

To minimize the risk of unauthorized access, your credit card details are encrypted. As soon as we receive your order, we request a pre-authorization on your card to ensure that funds are sufficient to complete the transaction. The money is actually withdrawn from your account when your order leaves our warehouse.

 

When you click on "Confirm Payment," you confirm that you are the legitimate owner of the credit card used. Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize payment, we cannot be held responsible for any delay or non-delivery and we will be unable to conclude an agreement with you.

 

5.2 Colors

 

We make every effort to display, as accurately as possible, the in the most accurate way possible, the colors of the products that appear on our site. However, since the actual perception of a color depends on the monitor you are using, we cannot guarantee that the color displayed on your monitor will perfectly match the actual color of the item.

 

5.3 Packaging and packing

 

Unless otherwise specified by this directive, NAKED underwear complies only with its own packaging and packing standards based on the chosen method of transport. If a customer requests NAKED underwear a special type of packaging, the cost of this packaging will be borne by the customer themselves.

 

5.4 Shipping and delivery

 

NAKED underwear ships from various warehouses in different countries. For orders containing more than one item, we may split your order and send it in multiple parcels depending on stock availability, at our sole discretion. Our goal is to deliver orders within seven business days following order confirmation. However, delivery times may be longer during sales periods. Please note that Saturdays and Sundays are not considered business days. If you have not received your delivery within ten business days, please contact our customer service via contact@naked-underwear.com. 

5.5 Title and risk of loss

 

Delivery to the carrier constitutes delivery to the Buyer. The risk of loss and damage is thus transferred to the Buyer. Any claim by the Buyer regarding any damage during shipment or delivery must be addressed directly to the carrier. Any claim by the Buyer against our Company for loss or damage during transport must be made within five (5) days following the receipt of the goods and be accompanied by an official document signed by the carrier stating that the package was entrusted to them in this condition by our Company.

 

Although the risk of loss and damage passes to the Buyer, the ownership rights to the items sold under these terms remain with our Company until all amounts due under this Agreement, including deferred payments, evidenced by notes or otherwise, are fully paid. Interest and financial charges must be effectively paid, and the Buyer agrees to do what is necessary to honor and maintain this right and title belonging to our Company.

 

5.6 Return of items

 

Items can be returned within a certain period following the date of purchase. The Return Policy, and consequently the authorized period for making a return, varies from one country to another. For more information, please contact our customer service. Return costs are the responsibility of the client. . Items with a problem or quality issue can be exchanged. Regarding defective items, once they are received in our warehouse and the defect is confirmed, we will fully refund you, including, if applicable, delivery and return fees. The refund will be made to the wallet linked to your account NAKED underwear or to the account initially used to pay for the order.

 

The following items cannot be returned or exchanged: bodysuits, lingerie, pajamas, swimsuits without a hygiene strip, jewelry, and accessories (except for scarves, bags, and mermaid blankets).

 

5.7 Evaluations and Comments

 

Subject to contrary provisions elsewhere in this Agreement or on the site, anything you send or post on the site and/or provide to NAKED underwear, including, without limitation, images, videos, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, the "Contributions"), is and will be considered non-confidential and non-proprietary, and by sending or posting, you agree to the irrevocable license of the publication and all intellectual property rights related thereto (excluding moral rights such as copyright) to NAKED underwear at no charge. NAKED underwear will have the free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from these Contributions, in any form and by any means, as well as to translate, modify, reverse engineer, disassemble, or decompile these Contributions. All Contributions automatically become the exclusive property of NAKED underwear irrevocably. You agree not to initiate any dispute regarding the potential use of the publication by NAKED underwear.

 

You guarantee that your Contributions, in whole or in part, are clear and free of any intellectual property rights violations, disputes, or third-party claims. NAKED underwear disclaims any liability for any misuse of copyright or any other third-party rights by you. You agree to defend and indemnify the sponsor against any loss resulting from the use of your publications for any purpose.

 

In addition to the rights applicable to any Contribution, when you post comments or evaluations on the site, you also grant NAKED underwear the right to use the name associated with any comment, evaluation, or any other type of Content, as applicable, in connection with such comment, evaluation, or any content. You represent and warrant that you own or control all rights to the reviews, comments, and other content you post on this site and that the use of your reviews, comments, or other content by NAKED underwear will not infringe or violate the rights of any third party. You must not use a false email address, pretend to be someone other than yourself, or mislead NAKED underwear or third parties as to the origin of any posting or any content. NAKED underwear may, but will not be obligated to, remove or edit any Contribution (including comments or reviews) for any reason.

 

6. INTELLECTUAL PROPERTY AND PROPERTY RIGHTS

 

You acknowledge and agree that all copyrights, registered trademarks, and other intellectual property rights on all materials or content supplied as part of the website shall remain at all times vested in us or those who have granted us the license to use them. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent you from using this website to the extent necessary to copy your order information or contact details.

 

7. LINKS AND THIRD-PARTY RESOURCES

 

When our site contains links to other sites and resources provided by third parties (including when our social media sharing plugins include links to third-party sites), these links are provided for your information only. We have no control over the content of those websites or resources and accept no responsibility for any loss or damage that may arise from your use of them.

 

8. EVENTS BEYOND OUR CONTROL

 

We will not be liable for any non-compliance or delay in fulfilling any of the obligations we assume under a contract when they are caused by events beyond our reasonable control ("Force Majeure"). A Force Majeure event includes any act, event, failure, omission, or accident beyond our reasonable control, including, without limitation, the following:
i. Strike, lockout or other types of protest movement
ii. Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
iv. Impossibility of using trains, ships, aircraft, motorized transport or other means of transport, public or private.
v. Inability to use public or private telecommunications systems.
vi. Acts, decrees, laws, regulations or restrictions of any government or any public authority.
vii. Strike, failure or accident of maritime or river transport, postal transport or any other type of transport.

 

It is understood that our obligations arising from the contracts are suspended during the period in which the force majeure is in effect, and we will benefit from an extension of the execution period of these obligations for a duration equivalent to that of the force majeure. We will provide all reasonable resources to end the force majeure situation or to find a solution allowing us to fulfill our obligations under this Agreement despite the force majeure situation.

 

9. LIABILITY AND DISCLAIMER OF LIABILITY, CONSUMER STATUTORY RIGHTS

 

Unless expressly stated otherwise in these Conditions, our liability regarding products acquired on our website will be strictly limited to the purchase price of said product. Notwithstanding the foregoing, our liability will not be canceled or limited in the following cases:
i. in the case of death or personal injury caused by our negligence;
ii. in the case of fraud or deception; or
iii. in all cases where it was illegal or unlawful to exclude, limit or attempt to exclude or limit our liability.

 

Notwithstanding the above paragraph, and to the extent legally permitted, and unless otherwise stated in these Conditions, we disclaim any liability for the following losses, regardless of their origin:
i. loss of income or sales;
ii. loss of business;
iii. loss of profits or contracts;
iv. loss of anticipated savings;
v. loss of data; and
vi. loss of business or management time.

 

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website, unless expressly stated otherwise on this site. All item descriptions, information, and materials presented on this site are provided "as is", without warranty, implicit or explicit, except for those legally established. In this sense, if you make a purchase as a consumer or user, we are obliged to deliver goods in accordance with the Contract, being responsible for any lack of conformity existing at the time of delivery. It is understood that the goods comply with the Contract if they: (i) comply with the description we have given and possess the qualities we have presented on this site; ii) are fit for the purposes for which goods of this type are normally used; (iii) have the quality and performance that are normal in goods of the same type that the consumer can reasonably expect. To the extent permitted by law, we exclude all warranties (implied or express), except those that cannot be legitimately excluded.

 

10. APPLICABLE LAW AND JURISDICTION

 

The use of our website and the purchase contracts of the product via said website are governed by the applicable laws in your country. For example, if you are a customer from the United Kingdom, UK law is applicable.

Any controversy related to the use of the website or said contracts is subject to the non-exclusive jurisdiction of the courts of Hong Kong. If you are a customer of the European Union, the European Online Dispute Resolution (ODR) platform is also available.