General terms and conditions

1. Definitions

In these terms and conditions the following terms shall have the following meanings:

1. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or partly use is made of one or more techniques for distance communication;
4. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
5. Reflection period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
7. Day: calendar day;
8. Digital content: data produced and supplied in digital form;
9. Duration agreement: an agreement aimed at the regular delivery of goods, services and/or digital content over a specific period;
10. Durable medium: any instrument - including email - that enables the consumer or the entrepreneur to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purposes of the information and which allows for the unchanged reproduction of the stored information;
11. Distance communication technology: a means by which a contract can be concluded without the consumer and the trader having to be in the same place at the same time.

2. Identity of the entrepreneur

LabeL DOT BV

Phone number: +31 35 888 1852
Available on weekdays from 9:30 AM to 5:00 PM

Email address: webshop@labeldot.nl

Chamber of Commerce number: 82923132
VAT identification number: NL862656254B01

3. Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be consulted at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favourable to him.

4. The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these must be a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
– the price including taxes;
– any costs of delivery;
– the manner in which the agreement will be concluded and the actions required for this;
– whether or not the right of withdrawal applies;
– the method of payment, delivery or performance of the agreement;
the period for accepting the offer or the period for honoring the price;
– the amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the basic rate;
– if the agreement is archived after it has been concluded, how it can be consulted by the consumer;
– the manner in which the consumer can become aware of actions he does not want to take before concluding the agreement, as well as the manner in which he can rectify these before the agreement is concluded;
– any languages ​​in which, in addition to Dutch, the agreement may be concluded;
– the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
– the minimum duration of the distance contract in the case of a contract for the continuous or periodic delivery of products or services.

5. The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.
5. The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content:
a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration; f. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

f. If the entrepreneur has committed to supplying a series of products or services, the provision in the previous paragraph only applies to the first delivery.

6. Right of withdrawal

For products:
1. The consumer can cancel a contract regarding the purchase of a product within a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for cancellation, but is not obligated to state their reason(s).
2. The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that the entrepreneur has clearly informed the consumer of this prior to the ordering process.
b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or the last part;
c. in the case of agreements for regular delivery of products during a specific period: the day on which the consumer, or a third party designated by the consumer, has received the first product.
For services and digital content not supplied on a tangible medium:
3. The consumer can cancel a service agreement or an agreement for the supply of digital content not delivered on a tangible medium within a period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for cancellation, but may not oblige the consumer to state their reason(s).
4. The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

7. Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
2. The consumer is only liable for any diminished value of the product resulting from the handling of the product in a way that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the trader has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

8. Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer exercises his right of withdrawal, he must report this within the cooling-off period.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product itself. The consumer has in any case complied with the return period if they return the product before the cooling-off period has expired.
3. The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not indicated that the consumer must bear these costs, or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs of return.

9. Obligations of the entrepreneur in case of withdrawal

1. If the entrepreneur makes it possible for the consumer to notify the withdrawal electronically, he will immediately send an acknowledgement of receipt after receiving this notification.
2. If the consumer exercises his right of withdrawal, he will be responsible for at most the costs of return.
3. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
The entrepreneur will use the same payment method the consumer used for the refund, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
5. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs for the more expensive method.

10. Exclusion of right of withdrawal

1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. which have been created by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. which by their nature cannot be returned;
d. which can spoil or become obsolete quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. the supply of which has begun with the express consent of the consumer before the cooling-off period has expired;
c. relating to betting and lotteries.

11. The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

12. Compliance with the agreement and warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil its part of the agreement.
3. An extended warranty is understood to mean any obligation of the entrepreneur, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the agreement.

13. Delivery and execution

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has provided to the entrepreneur.
3. Subject to the provisions of these terms and conditions, the entrepreneur will fulfill accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.
4. After termination in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

14. Long-term transactions: duration, termination and extension

Cancellation:
1. The consumer may at any time terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.

15. Payment

1. Unless otherwise specified in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer receives confirmation of the agreement.
2. When selling products to consumers, the general terms and conditions may never obligate the consumer to make an advance payment of more than 50%. If an advance payment has been agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
3. The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
4. If the consumer does not meet his payment obligation(s) on time, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, the consumer is liable to pay the statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him.

16. Complaints procedure

1. The entrepreneur has a sufficiently well-known complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.

17. Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

18. Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

19. The mobile messaging service

LabeL DOT's mobile messaging service (the "Service") is operated by LabeL DOT. Your use of the Service constitutes your agreement to these Terms and Conditions. We may modify or discontinue the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Service after the effective date of such modifications constitutes your acceptance of such modifications.

By consenting to LabeL DOT's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of LabeL DOT via your mobile carrier to the mobile number you provided, even if your mobile number is registered on a state or federal do-not-call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., shopping cart reminders).

You understand that you are not required to sign up for this program to make purchases, and your consent is not a condition of purchasing from LabeL DOT. Your participation in this program is entirely voluntary.

We do not charge for the Service, but you are responsible for all text message-related fees and charges imposed by your mobile carrier. Message frequency varies, and message and data rates may apply. Check your mobile plan and contact your mobile carrier for more information. You are solely responsible for all charges related to text messages, including those imposed by your mobile carrier.

You may unsubscribe from the Service at any time. To cancel, simply text the keyword "STOP" to LabeL DOT or click the unsubscribe link (if available) in a text message. You will receive a one-time confirmation text message. No further messages will be sent to your mobile device unless you initiate them yourself. If you have subscribed to other LabeL DOT mobile messaging programs and wish to cancel, you must unsubscribe from those programs separately, except where otherwise required by applicable law, by following the instructions in their respective mobile terms.

For service support or assistance, please send HELP to LabeL DOT or email info@labeldot.nl.

We may change a short code or phone number we use to operate the Service at any time, and we will notify you of such changes. You acknowledge that any messages, including STOP or HELP requests, sent to a short code or phone number we have changed may not be received, and that we are not responsible for honoring requests made in such messages.

The wireless carriers supported by the service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile phone number. If you get a new mobile number, you must enroll in the program with your new number.

To the extent permitted by applicable law, you agree that we are not liable for any failed, delayed or misdirected delivery of any information transmitted through the Service, any errors in such information, and/or any action you take or do not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.