General Terms and Conditions for Use of the Website and General Terms and Conditions of Business of Labocan bv (T&Cs)
Please take a few minutes to read the following General Terms and Conditions of Use of the Website and the General Terms and Conditions of Business of Labocan bv (“Labocan” or “we”) (“T&Cs”).
These Terms and Conditions contain important information relevant to you as a user of our website and as a buyer of our products, and apply to all products used or purchased from our website. This website and all related services are expressly subject to acceptance of these General Terms and Conditions.
By using our website, purchasing products, or taking up any of our services, you automatically accept these General Terms and Conditions, including any future alterations made available by publication on our website or notified in any other manner.
Labocan exclusively offers access to this website and its products and services on the basis of your acceptance of the T&Cs. If you do not approve the T&Cs, you are not entitled to make use of our website or services, or to acquire products from us. Any inconsistencies in interpretation of these T&Cs may not be used against Labocan.
1. Applicability of the General Terms and Conditions of Business (T&Cs)
- The present General Terms and Conditions of Business (T&Cs) apply to the use of the Labocan website (Labocan.com and any related subdomains: “website”) and all products, offers, deliveries, and services by Labocan, and any other agreements entered into with, or on behalf of, Labocan, in as far as not otherwise agreed in writing.
- By using the website and ordering products or taking up services via this website, the customer (“customer” or “you”) automatically issues approval to Labocan of the latest relevant version of the present T&Cs.
- All content published on the Labocan website (including logos, brands, copyrights, etc.) is the intellectual property of Labocan, and without prior express permission from Labocan, may not be distributed, altered, or used in any other way.
- By using the website and accepting these T&Cs, you declare that in your country of residence you are legally of age, and that the acquisition and use of our products or services are legal in your place of residence or at their intended destination. It is the exclusive responsibility of the customer to ensure compliance with this requirement, and Labocan duly waives all liability in that respect.
- We reserve the right to refuse entry into an agreement or the provision of services at any time, without specifying reasons.
2. General information and the offer of products and services
- All information on the website or in other written documents from Labocan has been prepared with the greatest possible care. However, Labocan is unable to guarantee that all such information is correct, complete, and/or up to date. Labocan reserves the right to alter any information on the website or in other written documents without prior notice. You confirm that it is your responsibility to check all information for any changes.
- All information provided by Labocan on its website, or in any other manner, about our products and services is intended exclusively to provide general information, and may not be viewed as representing medical knowledge or advice. Any decision taken by the customer about the use of our products and services based on information provided by Labocan shall be subject to the customer’s personal responsibility, and shall be for the customer’s own risk.
- Labocan reserves the right, at any time and without accepting liability in respect of customers or third parties, to alter the products and services provided, and to remove products and services from its range.
- On its website, Labocan may on occasion issue special offers relating to its products and services. We reserve the right to alter, restrict, or fully withdraw any such offers, subject to our own judgement.
- We furthermore reserve the right, but are not required, subject to our own judgement and without giving reasons, to at any time restrict or completely halt the sale of products or the provision of services to an individual customer, third party, or in individual countries or regional jurisdictions.
- We are unable to guarantee that our website and services can be provided uninterrupted and entirely error-free. In the case of loss of service or disruptions, Labocan will contact the customer to identify a suitable solution.
3. Registration, user account, and personal details
- To submit an order on the website, the customer must first create an account via the registration page. During the registration process, the customer is instructed to select a suitable username and password. Username and password must be handled with strict confidentiality by the customer. Labocan is not liable for any abuse of registration information and will assume that the person using our website is the registered customer.
- Labocan and its employees will never ask you for your password. If you suspect that your registration information has fallen into the wrong hands, you are required to alter your registration information without delay.
- You as the customer undertake to ensure that all account information is correct and up to date. Labocan accepts no liability for delays or additional costs caused by incorrect or inaccurate information provided by the customer.
- All personal details of the customer are processed and protected by Labocan as described in our Data Protection Statement. The Data Protection Statement forms are an integral part of our T&Cs. For further information, please read our data protection provisions.
4. Establishment and entering into of an agreement on the website
- The presentation of products on the website may not be considered as an undertaking by Labocan to enter into a purchase agreement. Since products are not necessarily available in stock at all times, by submitting an order the customer is not able to immediately enter into a purchase agreement.
- With the submission of your order, the order becomes binding and remains binding for a period of 7 working days. Simple confirmation of the receipt of the order by Labocan does not represent the entering into of an agreement.
- Although we will make every effort to ensure that all information and specifications on our website or other written documents are correct, errors and omissions can occur. We reserve the right to correct these as we see fit, and to update or cancel an order that is or could be affected by such corrections.
- An agreement shall be established between Labocan and yourself as soon as the ordered products are sent to you. Labocan reserves the right to fully or partially reject the establishment of an agreement without specifying reasons.
- In the event that a customer order is cancelled, restricted, or suspended, Labocan will make every reasonable effort to contact the customer to explain the situation.
5. Prices and conditions of payment
- All prices specified by Labocan on its websites and in other written documents are including statutory value added tax. All costs included in the price are clearly specified. Additional costs that can arise will be indicated separately and must be paid by the customer.
- Products will be sent by Labocan Netherlands BV, based in Schijndel, the Netherlands (“Labocan Netherlands”). The customer shall be liable for any customs duties, import charges, and duties payable. Labocan has no influence on such additional costs, and is not able to issue any statements concerning the level of those costs. For further information, please contact your customs authorities at the destination location.
- The purchase price must be payable in advance by the customer, and will fall due upon the establishment of the agreement. Before the full purchase price has been received, the products will not be delivered to the customer. In the event of delayed payment, without granting any extension, Labocan may withdraw from the agreement.
- The payment methods accepted by us are specified on the website. We reserve the right to change these methods at any time, at our own discretion.
- Generally speaking, products will be delivered to the delivery address specified by you when placing the order within 2 to 5 working days, in as much as the products in question are fully available. In the event of delivery to certain countries, a longer delivery term may apply; please consult our website for further information. All delivery terms are legally non-binding, and failure to comply will not entitle you to withdraw from the agreement.
- If Labocan is in default in making its delivery, you must first allow us an extension of at least 20 working days during which we can still fulfil the agreement before you are entitled to withdraw from the agreement. In the event of withdrawal from the agreement, Labocan will reimburse no more than the purchase price. All liability for further compensation for late or failed delivery shall be excluded.
- The customer must accept part deliveries if, for example, part of the products ordered are no longer available or can only be delivered at a later date.
- The fulfilment location is the location at which the products are handed over by Labocan Netherlands to the Dutch postal service (or another transport company). Benefits and risks are transferred to the customer upon the sending of such products. Labocan shall not be liable for the loss or damage of products during transport.
7. Warranty and right of return
- Labocan guarantees defects in the purchased products pursuant to the provisions of the Swiss Code of Obligations (OR). The customer is required to inspect the products immediately following their receipt and duly notify Labocan in writing of any defects within 7 days; otherwise, the products will be considered as having been approved. Hidden errors must also be notified to Labocan in writing within 7 days following their discovery.
- All products from Labocan are based on natural products and are subject to natural variation. For any deviations (in colour, smell, taste, etc.) we provide no guarantees.
- All products are offered in the present condition. Deviating images, information about or descriptions of products on the website or in other written documents from Labocan may not be considered as guaranteeing particular characteristics.
- Faulty products must be returned to Labocan Netherlands for inspection, at the address Handelsweg 1a, 5492 NL, Sint-Oedenrode, the Netherlands. Labocan is entitled either to provide replacement products or to reimburse the purchase price. In the event of reimbursement of the purchase price, import duties will not be reimbursed. Labocan is not liable for any losses suffered by the customer on the basis of faulty products. Pursuant to article 210 section 1 of the Code of Obligations (OR), claims under warranty are subject to a time limit of two years.
- If you are not satisfied with your order, you are entitled to return the products to Labocan Netherlands within 14 days following receipt of the products. Please duly contact the customer services department in good time. If possible, the products must be returned sealed, unopened, unused, undamaged and in their original packaging. As soon as we have received the returned products, and the conditions for return are fulfilled, you will be reimbursed the purchase price; return costs will not be reimbursed.
8. Exclusion of liability
- In as far as legally possible, all liability upon Labocan or any company affiliated with Labocan in law shall be excluded for losses or other injuries suffered by the customer on the basis of or in relation to the entering into of the purchase agreement, the delivery or use of the products and services of Labocan.
- The customer agrees that the use of the products and services provided by Labocan shall take place at the customer’s own risk.
9. Customer services
In the event of questions, comments, or complaints concerning our products and services, please contact our customer services department by telephone or email (contact information on the website). Labocan will make every reasonable effort to contact you within 3 working days.
10. Amendments to the General Terms and Conditions of Business (T&Cs)
We reserve the right to amend or supplement the T&Cs at any time, without prior notification. The T&Cs are published in the latest version on our website or notified in some other form.
11. Concluding provisions
- Should any provisions in these T&Cs be or become fully or partially ineffective, the validity of the remaining provisions shall remain unaffected. In place of all ineffective provisions, effective provisions shall be introduced, which as closely as possible match the original intention of the parties.
- The agreement between Labocan, the customer, and these T&Cs is exclusively subject to material Swiss law to the exclusion of the conflict of law rules. Applicability of the United Nations Sales Convention (CISG) is explicitly excluded.
- Any disputes arising from or in relation to the agreement between Labocan, the customer, and these T&Cs (including their valid acceptance) shall be exclusively submitted to the court in the place of establishment of Labocan bv.
The website is operated by Labocan bv, Speijkerstraat 2, 5492NP Sint-Oedenrode, the Netherlands. In the event of questions concerning the website and its content, please contact our customer services department in writing or by email (contact information on the website).