Terms of sale

TERMS AND CONDITIONS OF SALE

Last updated: August 2026

  1. SELLER

The website and products sold under the trade name NAY are operated by:

Thomas Comment, sole trader (entrepreneur individuel), trading as NAY
SIREN: 851 652 875
VAT number: FR74 851652875

Business correspondence address:
333 S. Grand Ave, Suite 3310
Los Angeles, California
United States

Email: contact@nayactive.com

  1. SCOPE

These Terms and Conditions apply to all purchases made through the NAY online store.

By placing an order, the customer confirms that they have read and accepted these Terms and Conditions before payment.

  1. PRODUCTS

The essential characteristics, composition, sizing and price of each product are displayed on its product page.

Product colours may vary slightly depending on the customer’s screen. Pre-production images may feature prototypes. Any material change to the ordered product will be communicated before delivery, and the customer will be entitled to accept the change or receive a full refund.

  1. PRE-ORDERS

Studio 01 is sold on a pre-order basis. Full payment is collected at checkout.

Pre-orders allow NAY to produce according to demand with its manufacturing partner in Portugal and avoid unnecessary stock.

Studio 01 will be delivered no later than September 30, 2026. If this deadline cannot be met, the customer will be informed and may accept a revised date or cancel the order for a full refund.

  1. PRICES, TAXES AND CUSTOMS DUTIES

Product prices are displayed in the currency selected on the website.

Shipping charges and any applicable taxes, customs duties or import charges are calculated at checkout and included in the total amount paid.

No additional customs duties or import taxes should be payable upon delivery. If an unexpected charge is requested, the customer should contact NAY at contact@nayactive.com.

  1. ORDERS AND PAYMENT

The available payment methods are displayed at checkout. Payment is due in full when the order is placed.

An order becomes binding once the customer receives an order confirmation by email. NAY may cancel an order in the event of a payment issue, pricing error, suspected fraud or inability to fulfil the order. Any amount already paid will be refunded.

  1. SHIPPING AND DELIVERY

NAY ships worldwide, subject to carrier availability and applicable legal or logistical restrictions.

The customer is responsible for providing a complete and accurate delivery address. NAY cannot be held responsible for delays or failed deliveries caused by incorrect information supplied by the customer.

Risk of loss or damage passes to the customer when the order is physically delivered to the customer or a designated recipient.

  1. RIGHT OF WITHDRAWAL AND RETURNS

Customers may withdraw from their purchase within 14 days of receiving their order, without providing a reason, unless a longer mandatory period applies under local law.

To exercise this right, the customer must use the online withdrawal function available on the website or contact contact@nayactive.com. The return address and instructions will then be provided.

The product must be returned within 14 days after the withdrawal request. It may be tried on as it would be in a store but must not be worn beyond what is necessary for inspection, washed, damaged or altered.

The customer is responsible for return shipping costs unless the product is faulty, damaged or incorrect.

  1. REFUNDS

Refunds will be made using the original payment method within 14 days of receiving the withdrawal request.

NAY may withhold the refund until the returned product has been received or the customer provides proof of shipment.

For customers protected by European consumer law, the refund includes the cost of the least expensive standard delivery option offered at checkout. Any additional cost resulting from a more expensive delivery option is not refundable.

NAY may reduce the refund if the product has lost value due to handling beyond what is reasonably necessary to inspect it.

  1. FAULTY OR INCORRECT PRODUCTS

If a product arrives damaged, faulty or different from the order, the customer must contact contact@nayactive.com with the order number and supporting photographs.

NAY will cover the return costs and offer an appropriate remedy, including replacement, repair, price reduction or refund, in accordance with applicable consumer law.

Customers protected by European consumer law benefit from the mandatory legal guarantee of conformity for two years from delivery, in addition to any other applicable statutory rights.

  1. LIABILITY

NAY is not liable for indirect or unforeseeable losses resulting from the use of the website or products.

Nothing in these Terms and Conditions excludes or limits any liability or consumer right that cannot legally be excluded or limited.

NAY is not responsible for delays or failure caused by events outside its reasonable control. If such an event materially delays delivery, the customer will be informed and may cancel the affected order for a refund.

  1. PERSONAL DATA

Personal data is processed in accordance with the NAY Privacy Policy and applicable data protection laws.

  1. INTELLECTUAL PROPERTY

All content displayed on the NAY website, including photographs, designs, text, graphics and branding, is protected by intellectual property law.

It may not be reproduced, distributed or used commercially without prior written permission from NAY.

  1. GOVERNING LAW AND DISPUTES

These Terms and Conditions are governed by French law.

This choice of law does not deprive consumers of any mandatory protections granted by the law of their country of residence.

Customers should first contact contact@nayactive.com to seek an amicable resolution. Consumers may also refer the matter to the competent consumer mediator once its details have been published by NAY.

Consumers retain the right to bring proceedings before any court competent under applicable consumer law.

MODEL WITHDRAWAL FORM

To: NAY — contact@nayactive.com

I hereby give notice that I withdraw from my contract for the sale of the following goods:

Product:
Order number:
Ordered on:
Received on:
Customer’s name:
Customer’s address:
Date:
Signature, only if submitted on paper: