General Terms and Conditions

NAKYS – a product of UNIQS GmbH

(1) These General Terms and Conditions (hereinafter "T&C") of UNIQS GmbH, Schützenstr. 46, 63263 Neu-Isenburg, Germany (hereinafter "Provider", "we" or "us"), apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer" or "you") with us through our online shop at https://nakys.one (hereinafter "Online Shop") or through marketplace platforms used by us.

(2) A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity (Section 13 BGB [German Civil Code]).

(3) An entrepreneur within the meaning of these T&C is any natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when entering into a legal transaction (Section 14 BGB [German Civil Code]).

(4) Deviating, conflicting, or supplementary general terms and conditions of the Customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity. This consent requirement applies in all cases, for example even if we carry out delivery to the Customer without reservation while being aware of the Customer's terms and conditions.

(5) Individual agreements made with the Customer on a case-by-case basis (including ancillary agreements, amendments, and modifications) shall in all cases take precedence over these T&C.

(6) These T&C apply in the version valid at the time of the order.

(1) The presentation of products in the Online Shop does not constitute a legally binding offer but rather a non-binding invitation to place an order (invitatio ad offerendum).

(2) By clicking the "Buy" / "Place binding order" / "Buy now" button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order is sent immediately after submission of the order via an automated email (order confirmation). This order confirmation does not yet constitute acceptance of your offer but merely serves to inform you that your order has been received by us.

(3) The contract is only concluded when we ship the ordered product to you and confirm the shipment with a second email (shipping confirmation) or by delivering the goods.

(4) If the Provider does not accept your order within five (5) business days, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their order.

(5) Before the binding submission of the order, the Customer may continuously correct their entries using the standard keyboard and mouse functions. The individual technical steps leading to the conclusion of the contract are outlined in the order process within the Online Shop. The Customer goes through the following steps: selection of the desired products and placement in the shopping cart, entry of delivery and billing information, selection of the payment method, review and, if necessary, correction of all entries, binding submission of the order by clicking the order button.

(6) The contract text is stored by us after the conclusion of the contract and sent to the Customer by email together with these T&C after the order has been submitted. The contract text is no longer directly accessible via the Online Shop after submission of the order. You may access the T&C at any time at https://nakys.one/pages/tac.

(7) Order processing and communication generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Provider can be received at this address.

(8) The contract language is German. The complete contract text is drafted in the German language. For international orders, communication may be conducted in English.

3.1 Cancellation Policy

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, has taken physical possession of the goods.

To exercise your right of withdrawal, you must inform us

UNIQS GmbH
Schützenstr. 46
63263 Neu-Isenburg, Germany
Email: you@nakys.one

by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

3.2 Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.

We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.

You shall bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

3.3 Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery (Section 312g(2)(3) BGB [German Civil Code]).

Important notice: Condoms are hygiene products. If the seal has been opened (seal of the packaging broken), withdrawal is excluded. Unopened and originally sealed products may of course be returned within the withdrawal period.

(1) All prices stated in the Online Shop are total prices and include the applicable statutory value-added tax (VAT). Any additional delivery and shipping costs incurred are separately indicated in the respective product description and during the order process before the order is placed.

(2) For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Provider is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of funds by financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties, import VAT).

(3) The Customer may use the payment methods indicated during the order process. These may include, among others:

• Credit card (Visa, Mastercard, American Express)
• PayPal
• Apple Pay / Google Pay
• SEPA-Lastschrift (über Mollie)
• Klarna (invoice, instalment, instant bank transfer)
• Shop Pay
• Other payment methods displayed at checkout

(4) The invoice amount is due upon conclusion of the contract. Payment of the purchase price is due immediately upon placing the order, unless otherwise agreed.

(5) If the Customer is in default of payment, the Provider is entitled to charge default interest at a rate of 5 percentage points above the base interest rate. For entrepreneurs, the default interest rate is 9 percentage points above the base interest rate.

(1) Goods are delivered to the delivery address provided by the Customer, unless otherwise agreed.

(2) Shipment is made in neutral, discreet packaging without any indication of the contents.

(3) If the carrier returns the shipped goods to the Provider because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery.

(4) The delivery period is as stated in the Online Shop. Unless a different delivery period is indicated, delivery within Germany takes 2–5 business days, within the EU 5–10 business days, and internationally 7–21 business days (each from the conclusion of the contract in the case of advance payment, otherwise from receipt of payment).

(5) Deliveries abroad may be subject to longer delivery times.

(6) Partial deliveries are permitted insofar as this is reasonable for the Customer. No additional shipping costs are incurred by the Customer for partial deliveries.

(7) Collection in person is not possible for logistical reasons.

(8) If all ordered products are unavailable, the Provider shall notify the Customer without undue delay. Any payments already made shall be refunded without undue delay.

(1) The delivered goods remain the property of the Provider until full payment of the purchase price.

(2) In addition, with respect to entrepreneurs: the Provider retains title to the goods until full settlement of all claims arising from an ongoing business relationship.

(1) The statutory warranty rights apply (Sections 434 et seq. BGB [German Civil Code]).

(2) The limitation period for claims based on defects is two years for consumers and one year for entrepreneurs, commencing upon delivery of the goods.

(3) The Customer is requested to report delivered goods with obvious transport damage to the carrier and to notify the Provider accordingly. Failure to do so shall have no effect on the Customer's statutory warranty claims.

(4) With regard to the quality of the goods, only our own specifications and the manufacturer's product descriptions are deemed agreed.

7.1 Special Notes on Condoms

Condoms are Class IIb medical devices pursuant to Regulation (EU) 2017/745 (MDR) and are subject to strict quality and safety standards. Please note:

• Use condoms only in accordance with the enclosed instructions for use.
• Check the expiry date on the packaging.
• Store condoms in a cool, dry place away from direct sunlight.
• Use only water-based or silicone-based lubricants. Oil-based lubricants can damage the latex material.
• Latex condoms should not be used in case of a known latex allergy.
• When used correctly, condoms provide a high but not absolute level of protection against sexually transmitted infections (STIs) and unintended pregnancies.

(1) The Provider shall be liable without limitation for damages arising from injury to life, body, or health based on an intentional or negligent breach of duty by the Provider or a legal representative or vicarious agent.

(2) The Provider shall be liable without limitation for other damages based on an intentional or grossly negligent breach of duty.

(3) In the event of a breach of material contractual obligations (cardinal obligations), liability is limited to compensation for the foreseeable damage typical of the contract, unless intent or gross negligence is involved, or liability arises from injury to life, body, or health.

(4) Liability under the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG) remains unaffected.

(5) Any further liability of the Provider is excluded.

(1) Promotional vouchers issued by the Provider as part of promotional campaigns are not available for purchase and are only valid during the specified promotional period.

(2) Only one voucher may be redeemed per order, unless expressly stated otherwise. Retroactive application is not possible.

(3) The order value must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded.

(4) If the order value falls below the voucher amount due to a return, the Provider reserves the right to charge the original price for the retained goods.

(5) Gift vouchers are valid for 3 years from the date of issue. Cash redemption is excluded.

(1) The Provider offers certain products under subscription models. The Customer agrees that the ordered products will be automatically re-delivered at regular intervals (e.g., every 4, 8, or 12 weeks) and the agreed price will be charged accordingly.

(2) Subscriptions may be cancelled at any time before the next renewal – via the customer account or by email to hello@nakys.one. The cancellation takes effect at the next delivery date, provided it is received at least 48 hours before the scheduled renewal.

(3) The Provider reserves the right to adjust subscription prices with a notice period of at least 30 days by email. In such case, the Customer may cancel before the change takes effect.

(4) The right of withdrawal pursuant to § 3 also applies to the initial order of a subscription.

(1) The Provider offers products individually as well as in bundle combinations. The displayed bundle price only applies when purchasing the complete bundle.

(2) Partial withdrawal of individual components of a bundle is possible. In this case, the discounted price is proportionally adjusted: the refund for the returned products is based on the regular individual price of the returned products, less the proportionate share of the bundle discount attributable to those products. The Customer thus pays no more than the regular individual price for the retained products.

(3) Free supplementary items must also be returned in the event of withdrawal from the main product.

(1) Orders may be placed with or without registering a customer account.

(2) The Customer is obliged to keep their login credentials confidential and to protect them from access by third parties.

(3) The Customer may delete their customer account at any time by emailing you@nakys.one or via the corresponding function in the customer account. After deletion, the data will be deleted unless statutory retention obligations apply.

(1) The Provider processes personal data for specified purposes and in accordance with the GDPR and the BDSG (German Federal Data Protection Act).

(2) Detailed information can be found in our Privacy Policy.

(1) The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. Our email address can be found in the legal notice (Impressum).

(2) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(1) All content of the Online Shop (texts, images, graphics, logos, videos, trademarks) is protected by copyright and is the property of the Provider or the respective rights holders.

(2) The NAKYS brand and the associated word and figurative marks, product names, and designs are registered trademarks of UNIQS GmbH / EVTC Eventelligence GmbH.

(3) The use of content provided in the Online Shop for commercial purposes requires the prior written consent of the Provider.

(1) The Online Shop is directed at persons of legal age. There is no statutory age restriction for the purchase of condoms in Germany. Condoms are medical devices and are freely available for sale.

(2) The Provider reserves the right to verify the age of the purchaser in the event of suspected abuse.

(1) Insofar as the Provider offers products through third-party platforms (e.g., Amazon, OTTO, Kaufland), the respective terms of use of the relevant marketplaces apply in addition to these T&C.

(2) In the event of a conflict, the marketplace terms and conditions shall prevail with respect to the contract concluded via the respective platform.

(3) Complaints and withdrawals via marketplaces are handled in accordance with the rules of the respective platform.

(1) Customers may submit ratings and reviews in the Online Shop. These represent the personal opinion of the respective author.

(2) By submitting a review, the Customer grants the Provider an unrestricted (in terms of time and territory), non-exclusive, free-of-charge, and transferable licence to use the review in whole or in part for its own purposes, in particular to publish, reproduce, and edit it in the Online Shop, on social media channels, in advertising materials, and in print media. The Provider will endeavour to credit the author; however, there is no obligation to do so, particularly if the author submitted the review anonymously.

(3) The Provider reserves the right to delete reviews that contain obviously unlawful, offensive, discriminatory, or irrelevant content.

(4) There is no entitlement to the publication of a review.

(1) Events of force majeure that materially impede or render impossible the Provider's performance – including in particular natural disasters, pandemics, strikes, lockouts, government orders, war, terrorism, civil unrest, energy or raw material shortages, transport bottlenecks – entitle the Provider to postpone performance for the duration of the impediment.

(2) If the force majeure event persists for more than 60 days, both parties are entitled to withdraw from the contract. Any payments already made shall be refunded without undue delay.

(1) The laws of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). With respect to consumers, this choice of law applies only insofar as the protection afforded by the mandatory provisions of the law of the country of the consumer's habitual residence is not withdrawn (principle of favourability, Art. 6(2) Rome I Regulation).

(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is the registered office of the Provider (Neu-Isenburg, Germany).

(3) Should individual provisions be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a provision that most closely reflects its economic purpose shall apply (severability clause).

(4) No oral ancillary agreements exist. Amendments and supplements to these T&C require written form.

1. Identity of the Seller

UNIQS GmbH
Schützenstr. 46
63263 Neu-Isenburg
Germany

Email: you@nakys.one
Website: https://nakys.one

Managing Director / Commercial Register / Local Court / HRB / VAT ID No. – see Impressum

2. Essential Characteristics of the Goods

The essential characteristics of the goods are set out in the respective product description in the Online Shop. All condoms offered are Class IIb medical devices pursuant to Regulation (EU) 2017/745 (MDR) and bear the CE marking.

3. Conclusion of the Contract

The contract is concluded in accordance with § 2 of these T&C. The technical steps leading to the conclusion of the contract are described therein. The Customer may correct input errors before submitting the order using the standard keyboard and mouse functions.

4. Contract Language and Storage of the Contract Text

The contract language is German. The contract text is stored and sent to the Customer by email. After submission of the order, the contract text is no longer directly accessible via the Online Shop.

5. Essential Contractual Terms

Details regarding payment, delivery, warranty, contract duration for subscriptions, and the right of withdrawal are set out in the above T&C and the information provided in the Online Shop.

6. Alternative Dispute Resolution

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(If you wish to withdraw from the contract, please complete this form and return it.)

To:

UNIQS GmbH
Schützenstr. 46
63263 Neu-Isenburg, Deutschland
Email: you@nakys.one

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): _______________

_______________________________________________

Date: _______________

Signature (only if this form is submitted on paper): _______________

(*) Delete as appropriate.