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Terms and Conditions of Purchase and Use of the Website

Last updated: December 15, 2025

These General Terms and Conditions of Purchase and Use (the “Terms”) govern your access to the website https://www.naak.com (the “Website” or the “Site”) as well as your use, as an individual, of the services provided by Näak Inc. (“Näak”, “we”, “us”, “our” or “ours”). If you wish to become a retailer, please consult the applicable sections of the Site or contact us directly. Please read these Terms carefully before using our Site.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THE SITE OR USING AND/OR PURCHASING A PRODUCT ON THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OR ANY PART OF THESE TERMS, YOU MUST NOT USE THE SITE AND MUST NOT PURCHASE PRODUCTS THROUGH THIS WEBSITE.

Use of the Website

If you use this Website, you represent and warrant that you are of legal age to enter into a purchase agreement through the Website and to be bound by these Terms.

The Website allows you, among other things, to browse our product offerings, purchase certain products, and share your impressions regarding products you have purchased. We may also offer new services and/or features through the Website (including the publication of new tools and resources); any such new services and/or features will be subject to these Terms.

You acknowledge and agree that the content you submit through the Website may be transmitted unencrypted over various networks; such transmission may involve changes to conform to and adapt to the technical requirements of networks or connecting devices. Your personal data remains protected in accordance with our Privacy Policy.

You may not, under any circumstances, directly or indirectly: (i) use our Website, its components, or our products for unlawful purposes; (ii) violate applicable laws, including without limitation applicable intellectual property laws; (iii) copy, modify, or create derivative works based on the Website or any of its components; (iv) engage in data harvesting (“scraping”) or use the Website, its components, or our products for any purpose other than those strictly permitted under these Terms; (v) transmit spam or any other unsolicited content through the Website; (vi) collect, extract, harvest, or attempt to do any of the foregoing, any third party’s personal information from the Website; (vii) impersonate any person or misrepresent your affiliation with a person or entity, commit fraud, conceal or attempt to conceal your identity, or solicit others to engage in or participate in unlawful acts; (viii) interfere with the proper operation of the Website; (ix) access any content on the Website using any technology or means other than those provided or authorized by the Website; (x) circumvent the Website’s security measures; and (xi) modify, disassemble, decompile, reverse engineer, or adapt the Website.

Näak reserves the right (but not the obligation) to investigate any actual or potential violation of these Terms and to take any necessary measures to stop such violation. In the event of a breach of these Terms, Näak reserves the right to deny you access to the Website, in addition to any other remedies available to Näak under applicable law.

Intellectual Property

As between the parties, the Website and its components are the exclusive property of Näak, and unless expressly stated otherwise in these Terms, nothing herein shall be construed as granting you any right, title, or interest in or to the Website and/or its components. Without limiting the foregoing, all trademarks, trade names, logos, text, images, information, and descriptions displayed on the Website are the exclusive property of Näak or its licensors. You may use the Website and its components solely for strictly personal, private, and non-commercial purposes.

As between us, you retain ownership of any text or other material that you post on, communicate through, or provide via the Website to Näak under these Terms (collectively, the “Content”). By submitting Content through the Website, you grant Näak a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, and transferable license to reproduce, publish, modify, and otherwise use the Content in connection with the Website and our products. You also agree to complete and sign any documents that Näak may reasonably request in order to give full effect to this provision. At all times when providing Content, and in addition to the other prohibitions set forth in these Terms, you agree not to make any statement that may be considered, in Näak’s sole and absolute discretion, as: (i) harassing, abusive, insulting, racist, hateful, homophobic, sexist, immoral (including the use of discriminatory language), or intended to harm, defame, slander, disparage, intimidate, or discriminate based on sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (ii) containing vulgar, obscene, or malicious language; or (iii) disclosing another person’s personal information or confidential information. You acknowledge and agree that you are solely responsible for all Content you provide. Accordingly, you represent and warrant to Näak that: (y) you are the sole owner of the Content, or you have all rights, licenses, authorizations, consents, and releases necessary to grant Näak the rights in such Content; and (z) neither the Content nor Näak’s reproduction, publication, modification, or other use of the Content will infringe any third party rights, including intellectual property rights and rights of publicity, or violate any law or regulation, Canadian or foreign. You acknowledge and agree that Näak has no obligation to review Content posted on the Website, but has the right to do so to ensure compliance with these Terms, applicable laws, court orders, governmental standards, or any other applicable requirements.

If you believe that any content violates any provision of this Section, Näak invites you to submit a complaint, which will be treated confidentially, by contacting us at the address indicated in the “CONTACT” section below.

Purchasing

When you make a purchase on our Site, you may be required to provide certain information, including your name, email address, billing and shipping addresses, and payment information.

You represent and warrant that:

·  You are legally authorized to use the payment method provided;

·  The information you provide is true, accurate, complete, and up to date.

By submitting such information, you authorize Näak to share it with secure payment service providers solely for the purpose of processing your transaction.

We reserve the right to refuse or cancel any order, including for the following reasons:

·  Product or service unavailable

·  Pricing or description error

·  Suspected fraud or unauthorized activity

·  Related to a potential or ongoing dispute

Subject to applicable law, Näak shall not be liable for any losses or damages resulting from such cancellations.

Price; payment terms

The purchase price is the price shown in your order summary. Unless otherwise indicated, product prices displayed on the Website do not include applicable federal or provincial sales taxes. Applicable taxes will be displayed near the advertised price, itemized in your order summary, and included in your order total. Näak requires full payment for ordered products upon your acceptance of the order summary. To complete payment, you will be redirected to the external transactional platform of Shopify, Shop Pay, PayPal, or Google Pay, as applicable. To the extent any product offered on our Website is subject to a promotional offer, such product will be subject to the terms and conditions of that offer, including any usage limits, as applicable (please refer to our Return Policy for additional information regarding offers, including sale items). Unless otherwise indicated on the Website, all prices displayed on the Website are in Canadian dollars.

Product Quality

Näak warrants that all products offered for sale on its Site meet high standards of quality and safety. Products are stored, handled, and shipped in accordance with applicable regulations and industry best practices. If, however, an ordered product does not meet these standards, Näak may issue a refund or exchange in accordance with the terms set out below.

Minimum Shelf Life

All products purchased on the Näak Site have a minimum shelf life of ninety (90) days from the delivery date, unless the product is subject to a promotional offer. In exceptional circumstances where a product cannot meet this requirement, the customer will be informed prior to completing the purchase or an alternative solution will be offered.

Ingredients, allergens, and nutritional values

All information regarding ingredients, allergens, and nutritional values is available on the relevant product page on our Website.

Product Availability

Product availability is displayed on the Site at the time of ordering. While Näak endeavors to maintain accurate inventory information, certain products may become unavailable after an order is placed. In such case, Näak will promptly inform the customer and offer a substitute product, delayed shipment, or a full refund.

Shipping and Delivery 

Ordered products will be shipped and delivered in accordance with the timeframe, shipping method, and destination specified in your order confirmation. Orders are delivered within an approximate timeframe of three (3) business days, except in cases of force majeure or exceptional operational circumstances. Once your order is confirmed, you will receive a shipping confirmation with a tracking number. Delivery timeframes are estimates only and may vary depending on destination and the third-party carrier.

Risk of loss and title; damages

You assume the risk of loss with respect to ordered products upon delivery. Title to the products transfers to you only when we have received full payment of all amounts due for the products, including shipping charges.

Upon receipt of the order, the customer is responsible for inspecting the package and reporting to the carrier and to Näak any apparent damage or irregularity within sixty (60) days of receipt. If your product is defective or damaged upon delivery, please email us at hello@naak.com, or for European residents, helloeu@naak.com, and include photos of the damage. We will guide you through the process to obtain an exchange or a refund, as applicable, in accordance with the terms set out in the following section.

Cancellation, exchanges, and refunds

You may, at any time and at no cost prior to delivery of your order, cancel the order, or cancel if you have not received it within thirty (30) days following the date indicated in your order confirmation or the shipping confirmation date if the order confirmation does not indicate a delivery date. In such case, we will issue a refund within fifteen (15) days. To cancel your order, please notify us by email at hello@naak.com, or for European residents, helloeu@naak.com. Due to processing timelines, Näak cannot guarantee that a cancellation request will be processed once an order has been validated and before it has shipped.

You also have fourteen (14) days from receipt of your order to cancel or exercise any applicable right of withdrawal in accordance with applicable law.

To be eligible for a return and refund, the product must be in its original condition, complete, unused, unopened, in its original packaging, and in resalable condition. Returned items that do not meet these conditions may require additional justification, result in processing delays, or be refused for refund. If you wish to return a product, please notify us by email at hello@naak.com, or for European residents, helloeu@naak.com. Please explain the reason for the return and provide as much detail as possible. Once your return is received and inspected, we will send you an email confirming receipt. We reserve the right to choose the appropriate remedy, as applicable. We will also notify you of approval or rejection of your request. If approved, the refund will be issued to the original payment method within a few days, subject to receipt of the product or proof of shipment. Return shipping costs are non-refundable and are your responsibility to the extent permitted by law.

We accept exchanges only for apparel and accessories that are unworn and unused. If you wish to exchange your order, items must be returned new, unworn, with all original packaging, tags, and inserts within fourteen (14) days of receipt of your order.

Products to be refunded or exchanged must be returned to the following address:

Näak | Customer Service

55 Rue de Louvain Ouest, Suite 502

Montréal, QC H2N 1A4, Canada

To the extent permitted by law, return shipping costs are your responsibility. Please use a trackable shipping service or purchase shipping insurance. We do not guarantee that we will receive your returned item. Shipping times for exchanged products may vary depending on your location.

Sale items are not eligible for refunds or exchanges. Only regularly priced items may be refunded or exchanged.

Errors, and Inaccuracies

While we strive to ensure the accuracy of information, the Site may contain typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, availability, or promotions. In such cases, and to the extent permitted by applicable law, Näak reserves the right to:

·  Correct any error or omission

·  Update information at any time without prior notice

·  Cancel, modify, and refund any order affected by an error

In the event of a pricing error, Näak reserves the right to cancel the order and refund the customer, to the extent permitted by law.

Subscriptions

Näak offers three subscription models for automatic delivery of selected products every thirty (30), sixty (60), or ninety (90) days. Subscriptions renew automatically for an indefinite term. You may cancel your subscription at any time. To cancel, please follow these instructions: [to be completed].

Customs duties

Your order may be subject to customs formalities depending on the shipping destination and the value of the purchase. Depending on the destination, taxes and customs duties may not be included in the displayed price. Certain countries require such taxes and duties to be paid upon delivery and they are your responsibility. Where applicable, this will be indicated at checkout and before you place your order.

Taxes and customs duties are non-refundable.

For more information on customs, taxes, duties, and related formalities, please contact your local customs office.

Resellers

Näak handles claims only for purchases made through our Website. Claims regarding products purchased from resellers are not handled directly by Näak. If you purchase a Näak product from a reseller, you must submit your claim directly to the reseller. In such case, the reseller’s policies will apply.

Accounts

Access to certain aspects of the Website may require creating a user account, for example, our loyalty program (Näak+). During checkout, you may also log in through accounts with payment providers (e.g., PayPal, Google Pay, Shop Pay). If you create an account on our Site:

·  You must provide accurate, current information.

·  You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

·  You agree to notify us immediately of any unauthorized access to your account.

You are prohibited from:

·  Using a third party’s identity or intellectual property as a username without prior authorization, or creating fraudulent accounts;

·  Using an offensive, vulgar, or misleading name;

·  Using another person’s account, except with the account holder’s permission as a duly authorized agent.

Näak reserves the right to suspend or delete any account in the event of non-compliance with these Terms, or at the account holder’s request.

To the fullest extent permitted by law, Näak may suspend or terminate your access to the Site and your account (if applicable) at any time, without notice, for failure to comply with these Terms or applicable law. Upon termination:

·  Your right to access the Site and your account (if applicable) will immediately cease;

·  Provisions relating to intellectual property, limitations of liability, and other provisions that by their nature should survive termination shall survive.

You may also close your account at any time by contacting us or by discontinuing use of the Site.

Privacy and Personal Data Protection 

Näak is committed to protecting your personal data and complying with applicable laws and regulations, including the General Data Protection Regulation (GDPR), Canadian and Québec privacy laws such as the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Act Respecting the Protection of Personal Information in the Private Sector, as well as U.S. data protection laws, where applicable.

We collect and process your personal data only in accordance with our Privacy Policy. For more information, please consult our Privacy Policy or contact our Privacy Officer at:

NAAK Inc.

55 Rue de Louvain Ouest, Suite 502

Montréal, Québec, H2N 1A4

Canada

hello@naak.com, or for European residents,helloeu@naak.com

Links to Third-Party Websites

Our Site may contain links to third-party websites, products, or services. Näak is not responsible for the availability of such third-party sites, the accuracy of their content, their products or services, their privacy policies, or their practices. You acknowledge and agree that you assume all risks arising from your use of such third-party sites, services, and products. By using the Website, you expressly release Näak from any liability arising from your use of any other website, product, or service to which our Site may refer. We recommend that you carefully read the terms and conditions and privacy policies of any third-party website before using it.

Limitation of Liability - Please Read Carefully

YOU ARE RESPONSIBLE FOR REVIEWING ALL PRODUCT INFORMATION, INCLUDING DIRECTIONS FOR USE, INGREDIENTS, ALLERGENS, AND NUTRITIONAL VALUES, AS PROVIDED ON OUR WEBSITE AND ON PRODUCT PACKAGING. OUR PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO ANY APPLICABLE STATUTORY WARRANTIES AND RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW, NÄAK SHALL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM USE OF THE PRODUCTS IN A MANNER INCONSISTENT WITH THE INFORMATION PROVIDED.

IN NO EVENT SHALL NÄAK BE LIABLE TO YOU FOR ANY INTERRUPTION, SUSPENSION, OR INABILITY TO ACCESS THE WEBSITE, INCLUDING DUE TO OUTAGES, NETWORK ISSUES, FORCE MAJEURE, OR EVENTS BEYOND OUR CONTROL, OR FOR ANY DAMAGES RESULTING THEREFROM. NÄAK MAY, AT ANY TIME AND WITHOUT NOTICE, TEMPORARILY INTERRUPT ACCESS TO THE WEBSITE FOR MAINTENANCE AND OPERATIONAL PURPOSES WITHOUT HAVING TO PROVIDE COMPENSATION. FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY LAW, NÄAK SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, VIRUS TRANSMISSION, INTRUSION ATTEMPTS, OR HACKING OF DATA, FILES, OR PROGRAMS CONTAINED THEREIN, TO THE EXTENT SUCH LOSS OR DAMAGE DOES NOT RESULT FROM NÄAK’S FAULT OR A BREACH OF ITS OBLIGATIONS UNDER THESE TERMS.

General Provisions

We may provide you with any legally required notices (including service of process) by any lawful means, including posting notices on the Website or sending notices to any email address you provide when creating an account on the Website or during any other interaction with us or the Website. You agree to send notices to us by mail to Näak Inc., 502-55 Rue de Louvain Ouest, Montréal (Québec), H2N 1A4, Canada; or by email to hello@naak.com, or for European residents, helloeu@naak.com.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You may not assign or transfer these Terms or any rights or obligations hereunder.

Except for payment obligations, each party shall be excused from its obligations to the extent and for the period that it is unable to perform such obligations due to circumstances beyond its reasonable control and shall not be liable to the other party for any damages suffered as a result.

These Terms, including the Return Policy, constitute the entire agreement between you and Näak regarding use of the Site, including the purchase of products through the Website, and supersede any prior agreements.

Amendments

Näak reserves the right to modify these Terms at any time. In the event of material changes, we will notify you at least thirty (30) days before such changes take effect. By continuing to use the Site after an update, you agree to the revised Terms. If you do not accept the new Terms, you must stop using the Site.

Contact Us

If you have any questions regarding these Terms, you may contact us at hello@naak.com, or for European residents, helloeu@naak.com.

Näak Inc., Montréal, Québec, Canada

 

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