In these Terms & Conditions, the terms “user/s”, “member/s”, “guest/s”, “you”, “your”, refer to you personally, if you access and use our websites or services on behalf of a company, organisation, or other entity, then the terms “user/s”, “member/s”, “guest/s”, “you”, “your”, include you and that entity; and you represent and warrant that you are authorised on behalf of that entity to bind the entity to these Terms; and you agree to these Terms on the entity’s behalf. The Terms “secondtoNAKED”, “secondtonaked.com”, “SECONDTONAKED, Inc.”, “we, “us”, “our”, refer to SECONDTONAKED, Inc., a Delaware corporation, and/or its third party suppliers.
To register and use secondtoNAKED services, you may need to provide us contact information including but not limited to a valid street address, email address, name. You are solely responsible for providing accurate and up-to-date information, and for keeping your registration and other personal details confidential.
You are responsible for notifying secondtoNAKED of any suspected or actual unauthorised access to your personal details, and assist us in any action taken by us to prevent or deal with any unauthorised receipt, access or use of your personal details.
secondtoNAKED accounts are limited to one account per user, non-transferable, non-sharable to any other person, entity, related companies or third parties. secondtoNAKED accounts are also limited to countries secondtoNAKED is deserving, as stated on our website.
secondtoNAKED reserves the right to cancel any content and/or personal details for being unused, unconfirmed, compromised, use for purpose in conflict with the present Terms & Conditions, without any further requirements. Content you post including but not limited to product reviews is your sole responsibility. secondtoNAKED will not be liable in any way for any content posted via the services by users of the services. We may retain your content for a reasonable period of time after removal from you or termination of your account.
secondtoNAKED reserves the right to withdraw, amend, or terminate access to the services without notice and will not be liable if for any reason the services are unavailable.
secondtoNAKED works as an intermediary and partners with online retailers in order to offer users a wide selection of fashion items to buy.
When you order an item from secondtoNAKED you are offering to buy it for the price stated, subject to these Terms & Conditions. We will guide you through the ordering process on our website.
Once you have placed your order for items from the website by clicking on the PLACE ORDER button at the end of the ordering process, you should receive an email from us acknowledging the details of your order. Please contact us if you do not receive this email. Note that this is not an order acceptance from secondtoNAKED.
All orders are subject to availability and acceptance by secondtoNAKED, which we may refuse for any reason, including but not limited to card due to expire, failure to obtain payment authorization, an item out of stock…
Your order will not be processed until payment has been received in full. We will contact your bank or card issuer immediately for payment authorization after order submission. Because we start to process your order as soon as received, you will not be able to modify it before delivery. However, you may be able to return your items according to our return policy.
Acceptance of your order and completion of the contract between you and us will take place when you receive a further email from us (regardless of whether, for reasons outside our control, you have not received that email) notifying you that your items have been dispatched.
Please contact us should you need more information about your order.
You agree and warrant to be solely responsible for providing true and accurate information, all information required to file necessary documents, to comply with laws and regulations, to secondtoNAKED. and any third-party partner.
If you fail to provide all of the information required, secondtoNAKED reserves the right to decline to process your order. secondtoNAKED also reserves the right to review the accuracy of any information provided.
secondtoNAKED will not be liable for any inaccurate, false, incomplete, or misrepresented information provided by you, and you will support the full costs which may incurred from those information including but not limited to any additional duty or penalties.
SHIPMENT AND DELIVERY
secondtoNAKED operates a checkout service allowing you to add and checkout items from partners on secondtonaked.com.
However, please note that secondtoNAKED holds no responsibility for the fulfilment and shipment of your order. secondtoNAKED acts as your agent in order to have your items shipped by secondtoNAKED’s partners and delivered to your shipping address. Also, secondtoNAKED’s partners process and are responsible for the fulfilment of your order and shipment of your items. At this stage, you will be entering into a contract for the supply of products with our partner.
We deliver to The United States, if we do not deliver to your country you will be prevented from selecting that country at the point of ordering.
All new orders are deemed separate and will be treated individually. Item(s) from the same one partner included into the same one order will be consolidated/grouped into as few shipments as possible most of the time, at the sole discretion of secondtoNAKED’s partner. secondtoNAKED will not be liable for any commitment regarding the number of shipments and/or packages sent to you.
All shipments are made with a particular carrier or regular postal services and deliver to the place of your choice. We make reasonable efforts to have your items delivered to you according to partners and carriers schedules and average time to transit, in the shortest possible time and in perfect condition. However, estimated delivery times you may find on secondtoNAKED website are estimates only, in no ways secondtoNAKED will be liable for any damage or loss caused by any delays.
If you wish to track your parcel, please contact us and we will track your shipment for you.
Our delivery charges are dependent on many different factors including but not limited to your shipping destination and will be provided on our website during checkout. Any other delivery charges that may be advertised on other parts of our website should be considered as estimates only. You are responsible for payment of all shipping and handling charges, even if they differ from estimates.
secondtoNAKED stated shipping fees and charged amounts do not include customs duty and taxes. This means that all relevant import taxes and duties will not be included in the product price displayed on our website (if the total order value is over the relevant country duty threshold). Customs duty and taxes that may apply are at your sole responsibility and should be paid to relevant authorities at the time of delivery.
Returns and exchanges are handled by the partner your order was placed with, in accordance with its return policy. Please make sure to first confirm the validity of your return request.
You may return an item that is undamaged, unworn, and unused with tags still attached to our partner within 14 days from when the item was received.
A return/refund policy for any damaged or defective items is provided as long as any claims are placed within our partner upon 5 days of the item being received. Please note that:
- We strongly recommend taking fully proper exceptions on the delivery receipt when any loss or damage is apparent (clear and visible) at the time of delivery and advise the carrier and secondtoNAKED right away in writing. All packaging and items must be kept in the original form as received, not be disposed of, released to the carrier, or returned before a claim is completed.
- Claims are considered filled when a fully completed claim email, photographs, receipts and any and all other documents that may be requested by our partner are received by secondtoNAKED. Claims are reviewed individually and the review process may take several weeks.
You are solely responsible for ensuring compliance with any and all requirements from the partner, and letting to secondtoNAKED a reasonable time to process your return request within partner time period requirements.
secondtoNAKED will not “exchange” items in the sense that you can simply adjust your order. If you wish to exchange your item for another, you need to organize the return of your item, and then place a new order.
No handling fee applies for all returns. You will have to bear only the direct cost of returning the items. Shipping costs will apply if the partner does not provide a return label. Duties on the initial shipment if any are not refundable, duties on the shipment of the items returned if any remain at your sole expense.
To start the return process, please contact us. We will confirm the return address and provide further instruction. Returns are to be sent by you directly to the partner address that will be provided by secondtoNAKED.
All successfully returned items will be credited to the original payment method by secondtoNAKED. once validated by our partner (refunded amount will include item cost, transaction fee and shipping fees on the initial shipment). Please note that from the date return is validated, refunds can take up to 15 working days to show on your account due to varying processing times.
Every time you pay for an item, you need to follow instructions on our checkout page. We will charge you for your order once you reach the final checkout page and submit your order. All credit/debit card holders are subject to validation checks and authorization by the card issuer. Your bank or card issuer will be immediately contacted for authorization to take payment from your account. If the issuer of your payment card refuses to authorize payment, we will not be liable for any delay or non-delivery.
You authorize secondtoNAKED to charge your credit card and/or stripe account for all services and/or activity with secondtoNAKED. Such charges may include but are not limited to handling charges, delivery charges, late charges and any optional services. You must pay for the products, including all applicable charges. The price payable will be as shown on our website in USD. We can change the prices on our site at any time without notice, but changes will not affect orders which are already accepted.
If an order is accepted and processed, and in the case of an obvious pricing error which you could reasonably have recognized as a mispricing, secondtoNAKED reserves the right to end the contract and require the return of any items provided. Sums you have paid under the contract will be refunded.
Prices advertised on our site exclude sales tax and delivery charges. Those charges are shown separately during the checkout process at the current rate. You shall be responsible for paying any and all taxes applicable to any purchase you make on our website.
Payment processing: we use a third party payment process provider called Stripe. When you place an order, Stripe will process payments, and use your credit card to process the transaction.
Payment methods: we accept payment from all major Credit Cards and Debit Cards supported by Stripe including: Visa, MasterCard, American Express, JCB, Discover, and Diners Club.
Vouchers: voucher codes are limited to one per order and must be entered during the checkout. Additional Terms & Conditions may apply for each voucher. We reserves the right to change or cancel any promotion at our sole discretion.
Storage of personal data: we ask for your name, address and contact information, and any other relevant information in order to complete the check-out and so we can fulfill your order. You may be redirected to a Stripe page in order to make the payment or, if and when we will accept payment directly on our checkout page, we may ask for credit card information in order to fulfill your order, and to provide this information to the company or companies who process your credit card payment.
Payment card information will be provided to Stripe at checkout and will be subject to Stripe Terms & Conditions. We do not share any other information with third parties, except information we may process and share, as well as details about the goods ordered, with the carrier(s) and/or third party(ies) in charge of the shipping of those goods.
Security: Your financial information is kept private and safe. All credit transactions occur in a secured area in order to protect you from any loss, misuse or alteration of information collected. You will remain in this secured zone for the entire checkout process. We use Secure Socket Layers (SSL), the industry standard in transferring information to process your orders. The SSL encrypts, or translates, your order information into a highly indecipherable code, which is processed immediately. When you access our Website, a warning window may pop up to notify you that you are entering a “safe” zone. Once you’ve entered, the page address (URL) will indicate https, to let you know you are in. Also, a key or a closed lock will appear in the lower right hand corner of your screen to notify you.
Despite our measures and efforts, no method of electronic transmission or storage is completely secure, so we cannot guarantee that any information transmitted will remain absolutely secure or confidential, free from malicious content or attacks. secondtoNAKED is not responsible for the functionality or security measures of any third party and not liable for the acts of third parties.
RESTRICTED AND PROHIBITED USERS AND COUNTRIES
secondtoNAKED reserves the right not to provide services to any countries/regions without prior notice, including but not limited to war zones, countries and regions under sanctions or embargo, countries or regions not served by secondtoNAKED’s partners.
secondtoNAKED also reserves the right not to provide service to you and/or entities identified including but not limited to listed on denied, unverified, controlled lists; person in violation of any law or regulation, sensible activities such as biological, chemical, weapons. secondtoNAKED reserves the right to ask for all necessary information to verify that you or entity is not prohibited and to take actions such as deleting account, refusing to provide services if not verified, at secondtoNAKED’s sole discretion
INFRINGEMENT AND FRAUD PREVENTION
secondtoNAKED makes reasonable efforts to prevent fraudulent use of secondtoNAKED website and services. If you think that fraudulent activity occurred on your account, or while using secondtoNAKED services, or if you believe any material on the website infringes your intellectual property rights, please contact secondtoNAKED immediately. We will conduct an investigation and take necessary actions.
COMPLIANCE WITH LAWS AND REGULATIONS
You are responsible for and warrants compliance with all applicable laws, rules and regulations.
Our Services are not directed to persons under 13. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we will take steps to remove such information and terminate the child’s account. If you learn that your child has provided us with personal information without your consent, please contact us immediately.
NO LEGAL RELATIONSHIP
This Agreement and all disputes concerning this Agreement shall be governed by the applicable law and the applicable regulations of the state of California and federal courts in San Diego, California.
Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if a provision of this Agreement is or becomes illegal, invalid or unenforceable under applicable law, that shall not affect the validity or enforceability in that jurisdiction of any other provision of this Agreement; the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
LIMITATION OF LIABILITY
The use of secondtoNAKED website and services is at your own risk. SecondtoNAKED will not be liable for any loss or damage caused by the use of or inability to use secondtoNAKED website and services, express and implied, including by third parties except for loss and damages covered by and specified in the herein Terms & Conditions. secondtoNAKED maximum liability for these exceptions is limited to 50 USD.
You agree to indemnify, defend and hold harmless secondtoNAKED and any and all third parties from all claims, actions, losses, damages, liabilities and costs including but not limited to consequential losses, judgments, penalties, interest, fines, expenses including attorneys’ charges and court costs incurred by secondtoNAKED which result from your use of the secondtoNAKED website and services, including but not limited to:
- Any misrepresentations you make in connection with obtaining secondtoNAKED services, inaccuracy or breach of any representation or warranty made by you in this agreement or in connection with this agreement.
- Any negligent act or omission made by you or any other person acting under your control.
- Any mis-declaration, incomplete or false information provided by you.
You agree that the foregoing provisions shall survive termination of this Agreement.
MODIFICATION AND TERMINATION
In the event either parties fail to enforce all and any provision of this agreement, or to exercise any right at any time, this failure will not be deemed a waiver.
FORCE MAJEURE CLAUSE
secondtoNAKED is not liable for any loss or damage arising out of force majeure circumstances including but not limited to: act of God, fires, explosions, earthquakes, drought, tidal waves, floods, power, magnetic or communication disruptions, war, hostilities, invasion, act of foreign enemies, mobilisation, requisition, or embargo, rebellion, revolution, insurrection, or military or usurped power, or civil war, epidemics, contamination by radio-activity, radio-active toxic explosive, or other hazardous properties, riot, commotion, strikes, go slows, lock outs or disorder, acts or threats of terrorism.
secondtoNAKED trademark, website and interfaces, content, look, tools and all associated processes, know-how software are the sole property of SECONDTONAKED, Inc., protected by all applicable laws, including but not limited to trademark, intellectual property, copyright.
You represents and warrants that:
- You will not download, used, copy, exploit secondtoNAKED trademark, website and interfaces, content, look, tools and all associated processes, know-how, software in any ways and any manners without prior written permission from SECONDTONAKED, Inc..
- You will not use any malicious or harmful software, code, programs; attempts to modify, harm, damage, interfere with the website, attempts to delete, use, access or modify any information except your own personal information without secondtoNAKED’s prior written permission.
secondtoNAKED reserves the right to terminate your account and access to secondtoNAKED services without any prior notice and liability if you breach any and all terms of this Agreement.