Terms & conditions
LABFRESH B.V. (subsequently “LABFRESH”)
1013 GW Amsterdam
Management: Kasper Brandi Petersen and Lotte Vink
Registered office: Amsterdam
Registration number: NL857337415B01
Chamber of Commerce: 68187874
1. SCOPE OF APPLICATION
1.1 The terms and conditions mentioned below apply for the usage of the website www.labfresh.eu as well as by email and telephone for offers, deliveries, services, and contracts conducted with LABFRESH employees. Separate conditions are not recognized unless LABFRESH explicitly agrees to do so in written form.
1.2 These terms and conditions exclusively bind and authorize consumers. A consumer as defined by the below-mentioned regulation as every natural person entering into an agreement for reasons which are predominantly of neither commercial nor self-employed character. Consumers will subsequently also be referred to as ‘customers’.
2.1 LABFRESH is a fashion brand and online shop that sells apparels online and on occasion via phone or retail location.
2.2 LABFRESH reserves the right to continuously update and adjust individual functionalities of its service, and, if necessary, limit them.
2.3 LABFRESH reserves the right to change these terms and conditions at any time by deleting, replacing, or supplementing sections. Every order is subject to the terms and conditions which are valid from the effective date, unless a mandatory change of these terms for legal or regulatory reasons becomes inevitable (in this case the most recent version of the terms will also apply to orders placed before they came into effect).
3. REGISTRATION AT LABFRESH
3.1 For usage of LABFRESH’s Internet-based services it is necessary to register in LABFRESH’s online system. The customer must enter a valid email address when registering and must set a password. It is the customer’s sole responsibility to make sure that no rights of others are violated in this process. The customer is obliged to keep his personal login credentials confidential and prevent unauthorized third parties from accessing them.
3.2 Registration is free of charge. A right to membership at LABFRESH does not exist. LABFRESH can tie the registration to additional requirements (e.g. data check). The customer is obliged to disclose the given information accurately and in due form when registering. While holding an active membership at LABFRESH, changes to the given data must be disclosed without delay or solicitation on the part of LABFRESH. Regardless of successful registration, no legal claim for usage of the services offered inherently exists.
3.3 The customer is obliged to provide an email address to LABFRESH. LABFRESH is entitled to send relevant statements for the customer to this email address unless a more binding form of communication is legally or contractually specified.
3.4 The customer authorizes LABFRESH to contact him for the settling of a contract via phone or any other means of communication.
3.5 The customer is only authorized to use the Internet-based services provided by LABFRESH via the usual programs (Internet browsers) or via software provided by LABFRESH if need be. Improper usage is, in particular, access via automated software (e.g. scripted programs). This applies especially if the software in use serves for generating or claiming specific data.
3.6 It is prohibited to copy or otherwise make use of content from LABFRESH’s web pages without prior approval by LABFRESH.
4. CONCLUSION OF CONTRACT
4.1 An offer to buy is set by the customer when dispatching an order by activation of the relevant button. This offer is binding for the customer for four weeks. LABFRESH reserves the right to refuse customers’ offers without stating reasons for doing so. Mailing of a confirmation by LABFRESH does not constitute an acceptance of this purchase offer. It only serves as a confirmation of receiving the order. The offer is accepted by LABFRESH only when this acceptance has been stated (via email) to the customer or when LABFRESH dispatches the articles
4.2 LABFRESH collects or uses probability values for the purpose of determining the reason, execution, or termination of the contractual relationship which - inter alia - make use of address data.
5. DELIVERY AND RETURNS
5.1 Delivery of articles are free of charge for customers in EU and USA. The exact prices and conditions for each country can be found here.
5.2 Delivery of articles is generally carried out within 1 working day after LABFRESH has accepted the offer by the customer, that is from the time the articles are shipped respectively after confirming the order via email. LABFRESH currently delivers to all EU countries as well as USA and Canada. LABFRESH aims to deliver to all countries, but countries outside of EU, US, and Canada, are subject to change.
5.3 LABFRESH employs various shipping companies.
5.4 Customers are asked to request a return label via email or customer service ticket when returning a package. LABFRESH only accepts returned articles which are being returned with original labels and barcode. Customers are only charged for the return shipment label when it is used. In the event that the customer wishes to make use of his right of revocation in accordance with paragraph 9 of these terms, and returns the articles without original labels, he is required by law to compensate LABFRESH for the loss in value.
6. RESERVATION OF PROPERTY RIGHTS
Articles sent by LABFRESH remain the property of LABFRESH until complete settlement of the account balance.
7. PURCHASING PRICE AND METHOD OF PAYMENT
7.1 The specified prices at webshop check-out are final, including, in each case, the relevant local VAT and other price components. No additional costs for delivery apply.
7.2 LABFRESH provides different methods of payment to the customer. The customer can, before ordering, find all information on accepted methods of payment at any time on the website. LABFRESH reserves the right to not offer individual methods of payment or only offer them for particular orders.
7.3 All data-related operations (e.g. collection, processing, and transfer) are conducted according to legal regulations. Data relevant to business transactions are stored and forwarded to service providers entrusted by us, when required for the processing of orders.
7.4 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
· Pay later.
Further information and Klarnas user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.
8. GUARANTEE AND LIABILITY LIMITATIONS
8.1 Guarantee is given according to the Defects Liability Law.
8.1 The customer has no right to damage compensation. Exempt from this are claims regarding physical injuries and life-threatening injuries, injuries to health or resulting from a breach in core elements of the contract (cardinal duty), as well as liabilities for other damages resulting from intentional or gross negligence by LABFRESH, its legal representatives or auxiliary persons. Core elements of the contract are those which are relevant for reaching the goal of the contract.
8.3 In the event of a breach in core elements of the contract, LABFRESH is only liable for damages typical to the contract and predictable in the case that they have been caused by negligence, except for claims by the customer based on injuries of life, body or health.
8.4 The limitations specified in paragraphs 8.2 and 8.3 are also valid for LABFRESH’s legal representatives and auxiliary persons, if claims are asserted directly towards them.
9. REFUNDS & CANCELLATIONS
If you have returned items, the purchase amount will be refunded by the same payment method you used when ordering. See below for more information.
The purchase amount is automatically returned to your credit card account within 30 days.
It is always possible to exchange an item for a similar item with a different size or colour. Just place a seperate order on www.labfresh.eu for the replacement item.
If you have questions about a refund, please contact us at email@example.com
10. DATA PROTECTION
Collection, processing and the storage of data is exclusively done in accordance with the guidelines provided by the Dutch Privacy Law. For more information concerning the consent of the customer and regarding the collection, processing, and usage of data please refer to the Privacy section which can be accessed on LABFRESH’s website at anytime via the menu item ‘Privacy’.
11. TRANSFERRAL OF RIGHTS AND OBLIGATIONS TO THIRD PARTIES
LABFRESH is authorised to transfer any rights and obligations resulting from the contract in full or in part onto third parties. In the case of such a partial or full transfer of rights and obligations onto a third party, the customer is entitled to cancel the contract at the time of handover.
12. CESSION OF CLAIMS ONTO THIRD PARTIES
Permission is granted to LABFRESH by the customer to sell any outstanding debt to a third party for the purpose of collection (‘Factoring’).
13. FINAL CLAUSE
13.1 For contracts concluded between LABFRESH and its customers, Dutch law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. In the case of contracts with consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident is not withdrawn.
13.2 These terms and conditions remain valid for all remaining items in the event that individual paragraphs become ineffective. Statutory provisions replace any existing ineffective paragraphs. In the case that this constitutes an unreasonable hardship for one of the parties, the terms and conditions become invalid as a whole.
13.3 Link to the European Commission online dispute resolution platform:www.ec.europa.eu/consumers/odr (according to the regulation for online dispute resolution in consumer affairs).
14. PROMOTIONS, DISCOUNTS & OFFERS
From time to time, we may run promotions that reduce the price of specified products.
- If the promotion is activated by a discount code, the customer must enter the discount code at the checkout.
- Each promotion, discount or offer has its own terms, which are made clear at the time and place it is introduced eg. in an email, on the product pages, in a Facebook ad etc.
- If you’re given a unique discount code that is meant just for you, please keep it secret and don’t let anyone else use it or abuse it (e.g. don’t post it on social media).
- If we notice fraud, tampering, technical errors or anything else that is beyond our control that affects the running or fairness of the promotion – we can cancel, modify or suspend the Promo Code.
- Promotions, discount codes and offers can not ever be combined. Customers are entitled to use one offer/discount code/promotion per order.
- Offers, promotions and discount codes are non-transferable, have no cash value and cannot be applied to previous purchases or the purchase of gift cards.
- We reserve the right to change or terminate a promotion at any time, without notice.
14.b "GET 20% OFF EVERY SECOND ITEM"
- Add 2 products to the cart and get 20% off the cheaper one.
- Can be used multiple time per transaction eg. 20% off the 4th, 6th, 8th item etc.
- If you choose to return one item for a refund, the discount is automatically voided and you will have to pay full price for the item you kept.
- We reserve the right to terminate the promotion any time without notice.