Terms of Service
General Terms and Conditions of LABELED GmbH
1. General provisions and scope of applications
These General Terms and Conditions (hereinafter referred to as "GTC") apply to the entering into and execution of all contracts of the purchaser (hereinafter referred to as "Customer") with LABELED GmbH (hereinafter referred to as "LABELED"), via the webshop.
If individual agreements and the GTC contain provisions that differ from each other, the provisions of the individual agreement shall take precedence over those of the GTC. However, if the provisions of the agreement are unclear or incomplete, the provisions of these GTC shall apply.
The validity of any general terms and conditions of the Customer is hereby excluded.
2. Products
LABELED has made reasonable effort to provide an accurate representation of the products in the webshop. However, colors or product appearance may differ from how they may appear on the screen due to the type of device in use to access the webshop and the device settings and configuration. Such deviations do not constitute a defect unless they materially affect the agreed characteristics of the product.
Product descriptions, images, and specifications are provided for informational purposes and may be modified or updated. LABELED reserves the right to discontinue any product and to limit the quantities available for purchase at any time prior to order confirmation, on a case-by-case basis including by customer, geographic region, or jurisdiction.
3. Offer and conclusion of contract
The presentation of the products and services as well as the price quotations in the webshop or other websites of LABELED as well as in brochures, advertisements or similar does not constitute a legally binding offer, but an invitation to place an order.
Only after selecting the desired products, choosing the payment method, confirming the General Terms and Conditions and clicking on the relevant payment confirmation does the Customer submit a binding offer to LABELED to conclude the contract. Once an order has been placed, it cannot be amended.
An order confirmation will be sent to the Customer automatically and without undue delay by e-mail. This confirmation e-mail contains the details of the order. The confirmation e-mail merely serves to inform the Customer that the order has been received. It does not constitute acceptance of the offer and does not result in the conclusion of a purchase contract.
By submitting the order, the Customer confirms that he/she has read, understood and unconditionally accepted these General Terms and Conditions.
After the Customer has submitted a binding order, LABELED shall be entitled, at its sole discretion, to either accept the order or reject it by sending a corresponding notification by e-mail without incurring any liability towards the Customer or third parties. Any payments already made will be refunded in the event of rejection of the order.
Reasons for rejecting an order may include, in particular, unavailability of the product, inability to obtain payment authorization, or if there is reason to believe that the Customer is acting in breach of these General Terms and Conditions, individual agreements, applicable law, or is engaged in fraudulent or other unlawful activities, or for any other legitimate reason.
If the order is accepted, a binding purchase contract is concluded with the Customer. Acceptance occurs upon dispatch of the ordered products.
Use of this webshop and the conclusion of contracts are limited to persons who are of legal age and legally capable of entering into binding agreements under the applicable law (generally 18 years of age or older). Minors may place orders only with the prior consent of their legal guardian. The provider reserves the right to cancel orders where such consent is not obtained.
Purchases through the webshop are intended solely for personal or household use. Commercial resale or unauthorized export of products is not permitted.
4. Prices and shipping costs
Prices in the webshop are displayed in the currency corresponding to the selected delivery country. Depending on the delivery destination, prices may be shown in Swiss francs (CHF) or in a foreign currency, in particular euros (EUR). The currency displayed is based on an automatic conversion using the exchange rate applied by LABELED or its technical service providers at the time of display. Such conversion is provided for convenience and transparency. The binding price and currency applicable to the contract are the price and currency displayed at the time the Customer places the order and completes the checkout process. Any differences resulting from exchange rate fluctuations, rounding, or currency conversion applied by payment service providers or banks are outside LABELED’s control and shall be borne by the Customer.
Prices include statutory value added tax (VAT). The applicable VAT amount is shown separately.
Shipping, any import taxes or customs duties incurred are not included and shall be borne by the Customer, unless expressly stated otherwise. The shipping costs are shown individually in the order process. Unless otherwise indicated during the order process, the following shipping fees apply:
- Standard shipping within Switzerland: free of charge
- Standard shipping within the European Union: EUR 18
Orders shipped to the Canary Islands may be subject to different shipping rates and delivery conditions than those applied to mainland Spain or the European Union. Any applicable local duties, taxes, or customs-related charges remain the responsibility of the recipient.
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be set out in the order confirmation e-mail. LABELED may offer, from time to time, promotions that may affect pricing and that are governed by terms and conditions separate from these GTC. If there is a conflict between the terms for a promotion and these GTC, the promotion terms will govern.
5. Terms of payment
When placing an order via the webshop, the Customer has the payment options indicated in the order process at his disposal. LABELED reserves the right to exclude certain payment methods in individual cases.
By placing an order, Customer confirms that he/she is authorized to use the payment method provided and that the information submitted is correct.
6. Default of payment by the Customer
If the Customer does not settle agreed advance payments or deposits by the due date, LABELED may refuse to provide the contractual services until the date of receipt of payment.
LABELED may also send the Customer a reminder and charge CHF 20.00 per reminder. LABELED is entitled to assign its claims to a third party, in particular a collection service provider, or to have them collected by such a third party. Additional processing fees may be charged.
7. Delivery & Shipping
The delivery takes place within Switzerland and the EU. Enquiries regarding deliveries to other countries should be sent to support@labeled.ch. However, there is no explicit entitlement to such deliveries, and the terms and conditions may vary. For example, VAT is not included in the product price.
The products will be sent to the delivery address provided by the Customer after payment has been made. LABELED does not accept orders for delivery to P.O. boxes or forwarding addresses. If delivery of the goods fails for reasons attributable to the Customer (e.g. incorrect or incomplete delivery address or repeated failure to accept delivery), LABELED shall be entitled to withdraw from the contract. Any payments already made will be refunded. LABELED reserves the right to deduct any shipping and return costs incurred from the refund.
LABELED’s warehouses are located in Switzerland and Germany. Upon placement, orders will generally be processed within two business days. Orders within Switzerland can usually be shipped via Priority shipping. Priority shipping fees shall be borne by the Customer.
Any delivery times communicated by LABELED are calculated from the date of receipt of payment by LABELED, are for indicative purposes only and are not binding unless otherwise expressly guaranteed in writing. LABELED expressly excludes any liability for late or impossible deliveries. Unless otherwise required by mandatory consumer protection law, the risk of loss or damage to the products passes to the Customer upon delivery of the goods to the carrier.
Orders are shipped via Swiss Post or UPS, depending on the destination country. A tracking number is generally provided by e-mail once the order has been processed; however, the availability of tracking information depends on the respective carrier. Shipments may be tracked using the assigned tracking number.
LABELED reserves the right to make partial deliveries. This will not result in additional costs for the Customer.
8. Right of withdrawal and withdrawal form
Consumers from the European Union have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. The following Withdrawal policy does not apply to deliveries to Switzerland.
8.1 Withdrawal policy
8.1.1 Right of withdrawal
The consumer has the right to withdraw from the contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) days from the day on which the consumer or a third party other than the carrier and designated by the consumer has taken possession of the last goods.
In order to exercise the right of withdrawal, the consumer must inform LABELED by means of a clear declaration (e.g. a letter sent by post or e-mail) of his/her decision to withdraw from the contract. The consumer may use the model withdrawal form attached at the end of these GTC, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for the consumer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
8.1.2 Consequences of withdrawal
If the consumer withdraws from the contract, LABELED must repay the consumer all payments received from the consumer, including the shipping or delivery costs (with the exception of additional costs resulting from the fact that the consumer has chosen a type of shipping or delivery other than the cheapest standard delivery offered by LABELED), without undue delay and at the latest within fourteen (14) days from the day on which LABELED receives the notification from the consumer of the withdrawal from this contract. For this repayment, LABELED will use the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise with the consumer; in no case will the consumer be charged any fees because of this repayment. LABELED may refuse repayment until LABELED has received the goods back or until the consumer has provided proof that the consumer has returned the goods, whichever is the earlier.
The consumer shall return or hand over the goods without undue delay and in any event not later than fourteen (14) days from the day on which the consumer notifies LABELED of the withdrawal from the contract. The deadline is met if the consumer sends the goods before the end of the fourteen (14) day period. The consumer shall bear the associated costs.
The consumer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
8.1.3 Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply or expires prematurely in the case of:
- contracts for the supply of goods made to Customer specifications or clearly tailored to personal needs;
- contracts for the supply of sealed goods which are not suitable for return e.g. for reasons of health protection or hygiene if their seal has been removed after delivery.
9. Return Policy
This return policy is a voluntary goodwill policy and does not constitute a legal right. It applies only insofar as no statutory right of withdrawal applies, in particular for Customers outside the European Union. For EU consumers exercising their right of withdrawal, Section 8 applies exclusively.
Customers who wish to return an item are asked to contact LABELED at support@labeled.ch within 14 days of receiving the order with the following information: Order number, Full name, Delivery address, Item(s) to return, Reason for return. LABELED will process return requests within a reasonable time (usually 3-4 business days) and if approved will provide the Customer with a return label and detailed return instructions by e-mail. A return label does not constitute acceptance of the return or entitlement to a refund. Return shipping costs are offset against a refund where granted. All returned products must be unworn, unused, and unwashed; include all original packaging, labels, and hangtags; be free from damage, stains, odors, or alterations.
Refunds will be issued only after the returned goods have been received and inspected. Inspection of returned items typically takes up to approximately 20 days; however, actual processing times may vary. The Customer will be contacted by e-mail with the result of the inspection and if the return is approved the refund will be issued to the original method of payment. The original shipping fees, duties, and taxes are non-refundable.
Items that do not meet the return conditions stated above are not eligible for a refund. The return will be denied, and the items will be sent back to the Customer.
The return shipping fees remain the responsibility of the Customer. LABELED will not be responsible for these costs. The following return shipping fees will be deducted from the refund:
- Return shipping fees within Switzerland: CHF 15
- Return shipping fees within the European Union: EUR 25
Additional fees, including but not limited to local duties, taxes, or any related charges that may apply depending on the destination region, remain the responsibility of the Customer. LABELED will not be responsible for these costs.
Items marked as Final Sale, gift cards, and personalized/customized items are not eligible for return unless faulty. Exchanges are unfortunately not possible at this time. If Customer wants to exchange an item for a different size or color, he/she may return it according the return policy and place a new order.
10. Defects and Inspection
The goods shall at the time of delivery comply with the agreed specifications and be free from material defects which significantly impair their value or fitness for normal use.
The Customer must inspect the goods as soon as reasonably practicable upon receipt and notify LABELED of any defects without undue delay. Hidden defects shall be notified without undue delay after discovery. If the Customer fails to notify LABELED of a defect in due time, the goods shall be deemed approved, unless the defect was not detectable upon proper inspection. In any event, claims for defects shall be time-barred in accordance with the applicable statutory limitation periods.
Notification may be made in text form, in particular by e-mail to support@labeled.ch. In the event of a defect, LABELED shall be entitled, at its discretion, to remedy the defect by repair or replacement within a reasonable period of time. Only if subsequent performance fails, is refused, or is unreasonable, shall the Customer be entitled, in the case of material defects, to withdraw from the contract or to request a reduction of the purchase price, in accordance with the applicable statutory provisions.
No rights shall arise in the case of insignificant defects that do not materially impair the value or usability of the goods.
Further claims of the Customer, in particular claims for damages, shall exist only in accordance with the liability provisions of these Terms. Mandatory statutory rights of consumers remain unaffected.
11. Retention of title
The goods remain the property of LABELED until all claims arising from the contractual relationship have been paid in full.
12. Liability
LABELED shall be liable only for damages caused by intent or gross negligence.
To the extent permitted by law, any liability for slight negligence is excluded. In particular, LABELED shall not be liable for indirect or consequential damages, including but not limited to loss of profit, loss of revenue or loss of use.
LABELED shall be liable without limitation for damages resulting from culpable injury to life, body or health, as well as under mandatory product liability laws.
To the extent permitted by law, LABELED’s total liability arising out of or in connection with the contract shall be limited to the price of the goods ordered by the Customer. This limitation of liability shall not apply in cases of unlimited liability pursuant to the above provisions.
13. Force Majeure
LABELED shall not be liable for any failure or delay in the performance of its contractual obligations if such failure or delay is caused by an event beyond LABELED’s reasonable control (force majeure).
Force majeure events include, in particular, natural disasters, pandemics, governmental measures, war, terrorist attacks, strikes, failures of public or private communication networks, and disruptions or unavailability of transport routes or infrastructure.
In the event of force majeure, LABELED’s performance obligations shall be suspended for the duration of the event. LABELED shall inform the Customer as soon as reasonably possible of the occurrence of such an event.
14. Data & Data protection
Personal data is processed in accordance with applicable data protection laws, in particular the Swiss Federal Act on Data Protection (DSG) and, where applicable, the EU General Data Protection Regulation (GDPR).
Personal data is processed for the purpose of concluding and performing the contract, including order processing, payment handling, delivery of goods and customer support. To the extent necessary for the performance of the contract, LABELED may transfer personal data to third parties, in particular payment service providers, logistics partners, IT service providers and collection service providers.
Further information on the processing of personal data, in particular regarding the type, scope and purposes of processing, the rights of data subjects and contact details, is set out in LABELED’s Privacy Policy, which is available on the website. Certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here.
The Customer is responsible for keeping account access data confidential and for ensuring that the personal data provided is accurate and up to date.
Customer agrees to promptly update the account and other information, including e-mail address, credit card numbers and expiration dates, so that LABELED can complete the transactions and contact the Customer as needed.
15. Formal requirement
Where written form is required in the GTC, text messages by e-mail shall suffice. These shall be deemed equivalent to the written form.
16. Intellectual property
All information and content published on the website are protected by copyright and are the property of LABELED or the respective rights holder.
Any reproduction, modification, distribution or any other form of use, in whole or in part, requires the prior written consent of the respective rights holder.
LABELED and the respective rights holders expressly reserve all related rights.
17. Relationship with Shopify
LABELED is powered by Shopify. However, any sales and purchases Customer makes in the webshop are made directly with LABELED. By using the Services, Customer acknowledges and agrees that Shopify is not responsible for any aspect of any sales between Customer and LABELED, including any injury, damage, or loss resulting from purchased products and services. Customers hereby expressly releases Shopify and its affiliates from all claims, damages, and liabilities arising from or related to the purchases and transactions with LABELED.
18. Severability clause
Should one or more provisions of the GTC or the individual agreement be or become invalid or unenforceable in whole or in part, the validity or enforceability of the remaining provisions of the GTC and the individual agreement shall not be affected. In this case, the parties shall replace the invalid or unenforceable provision that comes closest to the economic purpose of the provision to be replaced. The same shall apply analogously in the event that the GTC or the contract should contain a regulatory gap.
19. Applicable law and place of jurisdiction
All legal relationships between the Customer and LABELED shall be governed exclusively by Swiss law, excluding international conventions such as the United Nations Convention on Contracts for the International Sale of Goods (CISG), as well as the conflict of laws rules.
All claims shall be subject to the exclusive jurisdiction of the courts of LABELED's registered office in Switzerland, subject to any conflicting mandatory statutory or contractual jurisdiction. This does not affect mandatory consumer jurisdiction rules.
LABELED is, however, entitled to invoke the courts having jurisdiction over the Customer's registered office or place of residence instead.
20. Amendment of GTC
LABELED reserves the right to amend the GTC at any time. The version of the General Terms and Conditions current and published at the time of the order by the Customer shall apply.
Model withdrawal form
(If you wish to cancel the contract, please complete and return this form).
To
LABELED GmbH
Gotthardstrasse 29
4054 Basel
I / we (*) hereby withdraw the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
________________________________________________
________________________________________________
Ordered on (*) _______________________ / received on (*) _______________________
________________________________________________
Name of the consumer(s)
________________________________________________
Address of consumer(s)
_____________________________
Signature of the consumer(s) (only in case of paper communication)
_____________________________
Date
(*) Delete where inapplicable.