Terms & Conditions
Last updated on 16th February 2021
1.1. This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the goods (the 'Goods') listed on this website (the 'Website') to you.
1.2. Before confirming your order please:
1.2.1. Read through these terms and conditions (the 'Conditions') and in particular our cancellations and returns policy at clause 12. and limitation of our liability and your indemnity at clause 16.
1.2.2. Print a copy for future reference.
1.3. By ordering any of the Goods listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
1.4. Your use of this Website is subject to these Conditions. By using this Website, you will be deemed to have accepted and agreed to be legally bound by these Conditions.
2. ABOUT US AND OUR RIGHTS
2.1. This Website is owned and operated by Naken Interiors Ltd ('we'/'us'/'our'), a limited company registered in England and Wales under company number: 07869019 having our registered office at Unit 7 Becks Green, Becks Green Lane, Ilketshall St. Andrew, Beccles, Suffolk, NR34 8NB.
2.2. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2.3. We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you.
2.4. We reserve the right to make changes to our Website Conditions at any time should we need to. Changes to the Conditions will be made here, on this page. The updated date will be shown above before 1. INTRODUCTION
3.1. You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
3.2. We will contact you by email or provide you with information by posting notices on our Website.
4. OVERSEAS ORDERS
4.1. Our Website is intended for use by customers Worldwide. However, as we are a UK-based and UK registered company, we are obliged to follow UK regulations and UK legislation which may exclude regulation and legislation outside of the UK.
4.2. All orders with a delivery address outside of the EU are classed as Delivery Duty Unpaid (DDU). At the time of placing your order, you will be charged for the items purchased and shipping costs only. Import duty or tax costs (where applicable) will be invoiced to you directly from DPD or the local delivery agent operating under DPD’s request, or an import broker appointed by you. We recommend you contact your local customs authority to determine the cost price prior to placing your order, as this differs from country to country and some countries have thresholds where no import taxes or duty fees will need to be paid.
4.3.1. The prices of the Goods are quoted on the Website and are in the currency of GBP. Therefore, if placing an order and you are using a card if a non-GBP currency, the final payment will be converted to GBP at the time of payment.
4.3.2. Naken.co.uk is a UK based website that operates within UK. and Non-UK Banks and International credit card providers will regulate their own exchange rates and in addition, might charge a processing or administration fee that the card holder is liable to pay. It is the responsibility of the customer to research exchange rates and charges included in exchanging money by purchasing from the UK. Naken.co.uk disclaims any responsibility for any charges incurred.
Naken.co.uk is a website that operates within the UK. Purchases on the site can be securely paid via PayPal using a Credit or Debit card, or by PayPal. All payments are processed in Pounds Sterling [GBP]
5.1. When registering on the Website you must use a valid email address choose a password. You are responsible for all actions taken under your email and password.
5.2. By registering on the Website you undertake:
5.2.1. That all the details you provide to us for the purpose of registering on the Website and purchasing the Goods are true, accurate, current and complete in all respects
5.2.2. To notify us immediately of any changes to the information provided on registration or to your personal information
5.2.3. That you are over 18 or if under 18 you have a parent or guardian's permission to register with and purchase the Goods from this Website in conjunction with and under their supervision
5.2.4. To only use the Website using your own email address and password
5.2.5. To make every effort to keep your password safe
5.2.6. Not to disclose your password to anyone
5.2.7. To change your password immediately upon discovering that it has been compromised
5.2.8. To neither transfer or sell your login details to anyone, nor permit, either directly or indirectly, anyone other than you to use them
5.3. You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
5.4. We reserve the right to terminate an agreement formed with you pursuant to clause 9. below and to suspend or terminate your access to the Website immediately and without notice to you if:
5.4.1. You fail to make any payment to us when due
5.4.2. You breach these Conditions (repeatedly or otherwise)
5.4.3. You are impersonating any other person or entity
5.4.4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
5.4.5. We suspect you have engaged, or are about to engage, or have in anyway been involved in fraudulent or illegal activity on the Website or any other Website.
6. ELIGIBILITY TO PURCHASE FROM THE WEBSITE
6.1. To be eligible to purchase the Goods on this Website and lawfully enter into and form contracts with us, you must:
6.1.1. Be 18 years of age or over
6.1.2. Be legally capable of entering into a binding contract
6.1.3. Provide full details of a delivery address
6.2. If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
7.1. The prices of the Goods are quoted on the Website and are in the currency of GBP.
7.2. Prices for delivery are quoted for delivery in the United Kingdom unless you have selected a different delivery country in the Shopping Basket or Checkout pages on our Website.
7.3. Unless otherwise stated, the prices quoted include VAT. Prices can show without VAT if you are outside of the EU or have an approved Trade Account.
7.4. The applicable delivery costs will be shown in the Shopping Basket or Checkout pages on our Website Details of our delivery charges can be located on our Website on the Delivery Information page.
7.4. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.
7.5 We reserve the right to cancel an order at any time if the price is incorrect due to a technical or human error or issue. In the rare circumstance that this may occur, we will contact you via email and offer you the opportunity to pay the increased change or cancel the order.
8.1. Payment can be made by any major credit or debit card (including American Express) or through an electronic payment account such as PayPal.
8.2. By placing an order, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as soon as the order is placed.
8.3. Payment will be debited and cleared from your account at the time of when your order is placed and before the dispatch of the Goods to you.
8.4. When you pay for your order by card or PayPal, we carry out certain checks which include obtaining authorisation from your card issuer, bank or PayPal to ensure you have adequate funds and for security procedures. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third-party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
8.5. By accepting these Conditions, you:
8.5.1. Undertake that all the details you provide to us for the purpose of purchasing the Goods are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered
8.5.2. Undertake that any and all Goods ordered by you are for your own private or domestic use only and not for resale (unless you have an approved Trade Account).
8.5.3. Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
8.6. We shall contact you should any problems occur with the authorisation of your card, otherwise an error message will show at payment stage.
8.7. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
9. ORDER PROCESS AND FORMATION OF A CONTRACT
9.1. All orders are subject to acceptance and availability. If any Goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
9.2. Any order placed by you constitutes an offer to purchase the Goods from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
9.3. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
9.4. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods ordered by you from the Website.
9.5. A contract between you and us (the 'Contract') incorporating these Conditions will only subsist after we have debited your payment card/ account and have confirmed that we have dispatched the Goods. We will send you an email to confirm this (a 'Confirmation Notice'). The Confirmation Notice will amount to an acceptance of your offer to buy the Goods from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).
9.6. The Contract will relate only to the Goods stated in the Confirmation Notice. We will not be obliged to supply any other Goods which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
9.7. You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
9.7.1. If any details in the Confirmation Notice are incorrect then you must notify us of this immediately
9.8. You will be subject to the version of our policies and Conditions in force at the time that you order the Goods from us, unless:
9.8.1. Any change to those policies or these Conditions is required to be made by law or governmental authority
9.8.2. We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice
9.9. Although the Contract is made between us and you, we reserve the right to await communication and confirmation from our supplier, brand or manufacturer of the product(s) you have purchased via the Naken Website, as we may require assistance for resolution of a problem or issue where the supplier, brand or manufacturer’s product is concerned.
10.1. The Goods will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders.
10.2. We employ professional carriers to delivery our Goods to our customers. Nevertheless, you must examine the Goods on arrival. If you are asked for your signature on delivery, you must examine the Goods before signing for it.
10.3. All Goods must be signed for by an adult aged 18 years or over on delivery.
10.4. Any dates quoted for delivering the Goods are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.
10.5. We shall not be liable for any delay in delivering the Goods, however caused.
10.5.1. The ‘Delivery Times’ stated on the Website and ‘Estimated Delivery Dates’ stated on order confirmations are estimated delivery times/ dates, and although we do everything possible to meet this delivery time/ date, there are sometimes events and issues outside of our control that can cause delays.
10.5.2. We kindly ask you not to book in Trades People to install any of the Goods purchased at Naken.co.uk until you have received the Goods from us and are happy with your purchase. We will not take any responsibility if a trades person is booked and the Goods do not arrive in time for it to be installed.
10.5.3. For Christmas deliveries, we recommend that you check our Website for the last date of delivery. We will endeavour to dispatch all Goods that are in stock within 24 hours. However, we cannot guarantee delivery by 24th December.
10.6. The Goods may be sent to you in instalments unless you have asked us not to in writing.
10.7. Upgraded delivery charges, such as Next Day Delivery, Nominated Day Delivery or Express Delivery are non-refundable unless agreed by us.
10.8. International (outside of UK Mainland) delivery charges are non-refundable. If the goods have to be returned back to us for any reason, you will be liable for the outgoing and return delivery charges.
10.9. The courier or delivery partner we choose to use for delivery of your order is to our discretion.
10.10. We will not accept any liability for goods that are requested to be left in a safe place or without a signature
10.10. Failed delivery
10.10.1. Our chosen carrier for your delivery will make between one and three delivery attempts to deliver the Goods and you will be notified at each attempt, either by text, email or calling card. If all attempts are failed, then the Goods will go to a local collection point; you will be notified of this action. We reserve the right for the following;
10.10.1.a. Not to reorganise delivery if the Goods are not collected within the timeframe provided by the delivery company.
10.10.1.b. To charge a minimum of either £10 redelivery fee (depending on the delivery method and company used) or to deduct a minimum of £10 (depending on the delivery method and company used) from any refund made if the order is then cancelled for any reason.
10.10.1.c. We will not take responsibility if you did not receive a text, email or calling card due to the incorrect information provided at the time of your order.
11. RISK AND TITLE
11.1. The Goods will be at your risk from the time of delivery.
11.2. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including the cost of delivery.
12. CANCELLING YOUR CONTRACT, CHANGES TO ORDERS AND RETURNS
12.1. Cancellation after receiving an Order Confirmation
12.1.1 We process your orders immediately by either dispatching or ordering items for the order, therefore we are unable to make changes to an order or cancel an order prior to dispatch.
12.1.2. You are entitled to cancel your Contract, so long as you provide us with written notice at any time within 14 working days starting from the day after you received the Goods. PLEASE NOTE: Failure to inform us in writing within 14 days can lead to restocking charges of up to 50% of the order value. Also, SOME GOODS CANNOT BE CANCELLED OR RETURED (see 12.2.4.). You can send your cancellation notice by email to [email protected] or a letter to Unit 7 Becks Green, Becks Green Lane, Ilketshall St. Andrew, Beccles, Suffolk, NR34 8NB. Your cancellation notice must quote your name, the name or a description of the Goods and your order reference number.
12.1.3. Upon receiving your cancellation notice, we will contact you with ONE of the following;
12.1.3.a. Email you if Goods cannot be cancelled or returned.
12.1.3.b. Email you with confirmation of the cancellation of the Goods or with a Return Authorisation Slip (RMA) and provide details of where you must return the Goods and other relevant instructions. You must then immediately return the Goods to us at your own cost and risk.
12.1.4. The Goods must be returned to us in the EXACT same condition in which you received them, including the product’s packaging. You must return the Goods with its original packaging and ensure that all Goods are protected sufficiently for the return transit. You have a legal obligation to take reasonable care of the Goods whilst they are in your possession (which includes the return transit). If you fail to comply with this obligation, we may ask you to collect the Goods from us or offer to return the Goods back to you in the received state; there will be a cost for this and the cost is dependant on the actual cost to us. There will be a timeframe of 30 days from initial receipt of the return to which this has to be resolved, otherwise we reserve the right to dispose or destroy the goods without any further notice.
12.1.5. Some Goods are made to order or ordered in specifically for your order and simply can NOT be returned. For more information about Made to Order Goods, please visit our Returns Policy page.
12.1.6. Goods delivered outside of the United Kingdom can not be returned under any circumstances.
12.2. Exception to the right to cancel
You will not have a right to cancel an order for any goods or services purchased from us, in the following situations:
12.2.1. If you expressly agree to us beginning to provide any services before the end of the cancellation period.
12.2.2. The Contract is for goods which are made to order or ordered in specifically for your order and simply can NOT be returned. For more information about Made to Order Goods, please visit our Returns Policy page.
12.2.3. It is to our discretion to allow cancellation or return of orders placed by a company or placed by Trade Account holders.
12.2.4. It is to our discretion to allow cancellation or return of orders placed if we feel the Goods are not for personal or domestic use. i.e. large quantities of the same item or large orders which are intended for commercial use or resale.
12.3. Damaged, faulty or wrongly delivered goods
12.3.1. We may offer you a refund of the full purchase price, including the cost of delivery for sending the goods to you, and the cost incurred by you in returning the Goods to us, if it:
18.104.22.168. Has been damaged on delivery
22.214.171.124. Is in a faulty condition
126.96.36.199. Product or quantity of product has been delivered to you in error
12.3.2. Provided that you return the Goods to us and we are reasonably satisfied that the Goods have not suffered damage after delivery or have not been misused or used other than in accordance with the instructions or the problem is not due to normal wear and tear.
12.3.3. Alternatively, instead of a refund (and subject to returning the Goods as required under this clause) we will replace the Goods with the same or a similar product (subject to stock availability).
12.3.4. Sometimes the product specifications from the manufacturer may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement, you can return the Goods to us.
12.3.5. In order to claim a refund or replacement item please send us a cancellation notice as soon as you become aware of a problem and no later than 7 working days after receipt or the fault developing by email to [email protected] or a letter to Unit 7 Becks Green, Becks Green Lane, Ilketshall St. Andrew, Beccles, Suffolk, NR34 8NB. Your cancellation notice must quote your name, address, the name or a description of the Goods, a brief description of the problem, fault or damage and your order reference number.
12.3.6. Upon receiving your cancellation notice, we will contact you to collect the Goods and we will notify you of when they will be collected by us.
12.4. Incorrectly priced or described Goods
12.4.1. Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Goods to you. Photos or images on our website cannot be classed as 'inaccurate' or 'incorrect' information as photos or images may differ slightly from the actual product.
12.4.2. If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.
12.4.3. If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify if we cancel the Contract.
12.4.4. If your order is cancelled or rejected and you have already paid for the Goods, you will receive a full refund in accordance with clause 12.7.
12.5. Delivery by instalments
12.5.1. The Goods may be sent to you in instalments. You may cancel the outstanding part of your order and receive a refund, if you have already paid, of the purchase price of the outstanding Goods in accordance with clause 12.7.
12.6. Processing refunds
12.6.1. We will examine any returned Goods and will notify you about your refund or replacement item via email within a reasonable period of time. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to it. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the Goods.
12.6.2. Refunds can only be made to the original payment method from which the initial payment for the order was made.
12.6.3. We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning or collecting the Goods in the event that the Goods are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear or if the Goods have not been returned with its original packaging. This does not affect your statutory rights.
12.6.3. The initial Shipping/Delivery Charge will be deducted from any refund.
12.7. Cancellation by us
12.7.1. We reserve the right to cancel the contract between us if:
188.8.131.52. We have insufficient stock to deliver the goods you have ordered.
184.108.40.206. The pricing on the website is incorrect for whatever reason.
220.127.116.11. If we have been provided the incorrect pricing information from our supplier.
18.104.22.168. If for any reason we are unable to deliver your order to your address.
22.214.171.124. If we have any reason to believe that the order is by any means false, fake or fraudulent, or if any details provided by the customer are a risk to us.
12.7.2. If we cancel your contract we will notify you by email and will credit your original payment card or electronic payment account as soon as possible, but in any event within 30 days of your order. We are not obliged to offer any additional compensation for consequential loss or disappointment suffered.
13.1. If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us via email at [email protected] or by post at Unit 7 Becks Green, Becks Green Lane, Ilketshall St. Andrew, Beccles, Suffolk, NR34 8NB.
13.2. You shall not make a comment, concern or complaint about any Goods or Services provided by Naken Interiors on any social media platforms.
13.2.1. Failure to comply with the above may lead to legal action being taken.
14. INTELLECTUAL PROPERTY
14.1. The content of the Website is protected by copyright (including design copyrights), trademarks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Naken Interiors Ltd moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
14.2. All Material contained on this website is only available for the purpose of you purchasing Goods from us, the Material cannot be used for commercial or personal gain in any way. You may not download or copy the content. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
14.3. You may retrieve and display the content of the Website on a computer screen or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
14.4. You acknowledge that any other use of the material and content of this Website is strictly prohibited, and you agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create any part of our Website, including all intellectual property rights unless expressly preauthorised and permitted by us in writing.
You must acknowledge and agree that:
14.4.1. If in any way you breach clause 14.4. we reserve the right to claim damages against you for your breach of our intellectual property rights and demand that you stop using the content taken from our Website immediately. Failure to cooperate with our demand may lead to legal action and charges.
14.4.2. In the first instance of a breach being found we will write to you asking you to cease and desist from using our intellectual property rights immediately, whilst also invoicing you £65+VAT per image used plus legal fees of £95+VAT at the applicate rate.
14.4.3. Should you continue your unauthorised use of our intellectual property after receiving a written warning and invoice, we reserve the right to seek an injunction against you to prevent further infringement and claim further damages and legal costs on the indemnity basis.
14.5. No licence is granted to you in these Conditions to use any of our trademarks or those of our affiliated companies.
14.6. Goods sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
15. WEBSITE USE
15.1.1. Use the Website for any fraudulent or unlawful purpose;
15.1.2. Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others privacy rights or rights of publicity;
15.1.3. Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website;
3.4 Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available;
15.1.4. Transmit or otherwise make available in connection with the Website any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software of equipment;
15.1.5. Remove any copyright, trade mark, or other propriety rights notices from the Website or materials originating from the Website;
15.1.6. Frame or mirror any part of the Website without our express prior written consent;
16. LIABILITY AND INDEMNITY
16.1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
16.1.1. Death or personal injury resulting from our negligence
16.1.2. Fraud or fraudulent misrepresentation
16.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
16.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
16.2. The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
16.3. We will not be liable if the Website is unavailable at any time.
16.4. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
16.5. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
16.6. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
16.7. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
16.8. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
16.8.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
16.8.2. any loss of goodwill or reputation; or
16.8.3. any special or indirect losses; or
16.8.4. any loss of data; or
16.8.5. wasted management or office time; or
16.8.6. any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Goods even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 16.8.1.to 16.8.6., is strictly limited to the purchase price of the Goods you purchased.
16.9. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
16.10. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
17.1. You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.
17.2. You shall undertake that any review, feedback or rating that you write shall:
17.2.1. Comply with applicable law in the UK and the law in any country from which they are posted
17.2.2. Be factually accurate and not have facts withheld
17.2.3. Contain genuinely held opinions (where applicable)
17.2.4. Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving
17.2.5. Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence
17.2.6. Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach of any legal duty you owe to a third party
17.2.7. Not be used to impersonate any person, or to misrepresent your identity
17.3. You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.
17.4. You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.
17.5. We reserve the right to publish, edit or remove any reviews without notifying you.
17.6. We reserve the right to take legal action against any person writing false or fictitious reviews against our company. A false of fictitious review can be a review where only part of the information or select facts have been included in the written review to portray an unclear vision for the reader.
18. FORCE MAJEURE
18.1. We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control ('Force Majeure'), which, without limitation, include:
18.1.1. Strikes, lock-outs or other industrial action
18.1.2. Shortages of labour, fuel, power, raw materials
18.1.3. Late, defective performance or non-performance by suppliers
18.1.4. Private or public telecommunication, computer network failures or breakdown of equipment
18.1.5. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
18.1.6. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
18.1.7. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.1.8. Acts, decrees, legislation, regulations or restrictions of any government
18.1.9. Other causes, beyond our reasonable control
18.2. Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
18.3. Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
19.1. In order to monitor and improve customer service, we sometimes record telephone calls.
19.2. We fully comply with all applicable UK Data Protection and Consumer Legislation and we will treat your personal information as confidential. Your personal information will be kept on a secure server. We reserve the right to disclose your personal information to companies who also comply with UK Data Protection and Consumer Legislation in the circumstances as listed below;
19.2.1. Processing orders; which includes disclosing your personal information to 3rd party companies in order to process your order, such as delivery and courier companies.
19.2.2. Feedback; when you have placed an order with us, we may send your details to , who will then email you to request a review of our products. This transfer is done in our legitimate interest to perform market research about our products and services.
Should you wish to opt out of this exercise or remove your details from Feefo, you will need to contact directly to exercise your data rights, as they are acting as a data controller and we do not control how they process your data.
19.2.3. For statistical purposes; we may use your data to improve our products and services to you and other customers of Naken Interiors.
19.2.4. To inform you of new offers, promotions or products; if you have subscribed to our newsletter.
19.2.5. To remind you of your abandoned shopping basket; if you have registered for an account and not completed the checkout process, we may email you to remind you of this.
19.2.6. To administer the website.
19.2.7. To serve our website content and advertisements to you.
19.3. We do not have access to or store debit or credit card details, nor do we share customer payment details with any 3rd parties.
19.4. All payments made on Naken.co.uk are made through a secure 3rd party, fully encrypted and secure payment system, such as PayPal or Stripe.
19.5. We will take great care to ensure that you and your personal details are safe while shopping at Naken.co.uk. Your communication with our service is secure using 128 bit Secure Socket Layer (SSL) technology (where supported by your browser). This means your personal details including payment details, are encrypted when transmitting to us.
20. THIRD PARTY RIGHTS
20.1. Except for our affiliates, delivery partners, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
21. EXTERNAL LINKS
21.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
21.1.1. The privacy practices of such websites
21.1.2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
21.1.3. The use which others make of these websites; or
21.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
22. LINKING TO THE WEBSITE
22.1. You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
22.2. Any agreed link must be:
22.2.1. To the Website's homepage
22.2.2. Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
22.2.3. Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
22.2.4. Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
22.3. We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
22.4. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
23.1. All notices given by you to us must be given to us at Unit 7 Becks Green, Becks Green Lane, Ilketshall St. Andrew, Beccles, Suffolk, NR34 8NB or by using [email protected] We may give notice as described in clause 3.
23.2. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
24. ENTIRE AGREEMENT
24.1. The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
24.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
24.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Conditions.
25.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
25.2. All prices and descriptions supersede all previous publications. All product descriptions are approximate.
25.3. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
25.4. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
27. EXPRESS CHECKOUT
27.1. When placing an order on the Naken.co.uk Express Checkout, we will automatically opt you into our sustainable packing scheme. In order to offer a faster checkout service, we must cut out questions and processes, and as sustainable packing is the most appropriate for the environment, we have chosen to automatically opt Express Checkout customers into this scheme. Please see our Sustainable Packing page for more information.
27.2. Our First Order Discount does not apply to Express Checkout Customers. Our Express Checkout is intended for a faster checkout process with less questions and less processes involved. As you have to register for an account and subscribe to our newsletter to redeem the First Order Discount, the Express Checkout does not have these options and therefore cannot offer the First Order Discount.
27.3. Our Express Checkout and PayPal
27.3.1. Our Express Checkout uses a PayPal Checkout where buyers can pay by credit or credit card, or with their PayPal account. As the payment part of the Express Checkout is controlled by PayPal, buyers don't always have the option to complete their purchases without using or creating a PayPal account. This option is presented based on several risk factors, including but not limited to the buyer's PayPal purchase history, PayPal cookies stored on the buyer's computer, the buyer's location, or a credit assessment.
27.3.2. Naken Interiors cannot be held responsible for any information given to or processed by PayPal as a result of using our Express Checkout and creating an account. Should you wish to opt out of this exercise, then you will have to refrain from using our Express Checkout and use our standard checkout. Alternatively, to remove your details from PayPal, you will need to contact PayPal directly to exercise your data rights, as they are acting as a data controller and we do not control how they process your data.
27.3.3. PayPal may choose to deny the process of a payment if it is over a certain value. This value is undisclosed by PayPal but is within the £1,000 region. This decision is based on several risk factors, including but not limited to the buyer's PayPal purchase history, PayPal cookies stored on the buyer's computer, the buyer's location, or a credit assessment.