Terms of service
Terms of Service
Tecido Schweiz GmbH (hereinafter referred to as the “Company”) distributes Labwear Studios products via the Labwear Studios Webshop at https://labwearstudios.com (hereinafter referred to as the “Webshop”).
Customers registered in foreign countries other than Germany must indicate their VAT registration number applicable in their country of origin. If they do not have a VAT registration number applicable in their country of origin, German VAT (of 19%) shall be applied.
1. General information
These Terms of Service govern all sales of Labwear Studios products by the Company. Placing an order online, on the Webshop implies the customer’s complete and unreserved compliance with these Terms of Service.
The Company reserves the right to amend the Terms of Service. These amendments shall apply to any future order. The latest version of the Terms of Service is always available online on the Webshop.
1.2 Deviating conditions
All terms other than these terms, as well as any derogations from these terms, even if they are issued by representatives of the Company, must be expressly confirmed to be binding.
2. Wholesale pricing and customer data
To be entitled to wholesale pricing, the customer must apply via the application form found at https://labwearstudios.com/account/register. On this occasion, the customer must provide accurate information and keep it updated. The restricted access for wholesale pricing is meant to provide the exclusive opportunity to purchase samples without any minimum order quantities for creatives/designers/brand owners.
Customers don’t need a wholesale account to be entitled to buy customized products under the production services segment.
2.2 Registration validity
The registration for wholesale pricing is only valid if the customer receives a confirmation e-mail from the Company informing him/her/it that his/her/its application for access has been accepted. The Company reserves the right to refuse registration of a customer and is not required to tell him/her/it the reasons for its refusal.
2.3 Use of access data
The customer must take all reasonable steps to avoid the unlawful use of his/her/its access data. The customer undertakes to ensure that anyone he/she/it authorises to use his/her/its access data complies with these Terms of Service. The customer is liable for any damage resulting from the use of his/her/its access data or from the use thereof by an unauthorised person. The Company does not accept any liability in the event of the misuse of access data.
2.4 Cancelation, revocation, deactivation, or permanent closure of accounts
The Company reserves the right to cancel, revoke, deactivate, or permanently close any account at its own discretion without any notice, reason, or explanation.
2.5 Suspension of inactive accounts
Inactive accounts will be suspended. Inactive status applies to accounts who have not made their first order within 90 calendar days of approval or haven't made any order in the last six months.
2.6 Account restoration
Deactivated accounts may reach out to firstname.lastname@example.org to inquire about reinstating their account. We will review every inquiry on a case-by-case basis.
3.1 Availability of products
Not all products offered in the Webshop are always available. We try to have Black and White colourways always available. Some products are pre-order products, which have yet to be produced but can be purchased in advance. Pre-order products are normally delivered within 3-8 weeks. However, in case of unforeseen demand or other external events, production and delivery may take a little longer. This is because the Company produces its products on demand. We reserve the right to discontinue any product at any time.
3.2 Acknowledgement of receipt
Once the customer has validated his/her/its order on the Webshop, an acknowledgement of receipt is automatically sent to him/her/it. If the customer does not receive an acknowledgement of receipt, this means that the Company has not received the order. In this specific case, it is strongly recommended to contact the Company by e-mail at email@example.com. Once the order is confirmed, the customer shall receive an order confirmation. This includes any order placed by e-mail. The order is only final once the customer receives the order confirmation from the Company by e-mail. The customer must report any errors or inconsistencies in the order confirmation in writing upon receipt. Otherwise, the content shall be deemed approved.
3.3 Amendment of ordered products
Once the Company has e-mailed the order confirmation to the customer, no further amendment to the products ordered can be requested. If, exceptionally, the Company should agree to such an amendment after sending the order confirmation, a new order – cancelling the previous one – shall need to be placed by the customer.
3.4 Resale of non-personalised products
Customers who are entitled to purchase products at wholesale prices are obliged to alter them using his/her/its choice of decoration technique (e.g., digital printing, screen printing, embroidery, transfer, etc.) before he/she/it can resell them. This therefore explicitly means – with absolutely no exception – that wholesale customers are not permitted to sell blank Labwear Studios products (not decorated or not personalised). The Company reserves the right to immediately stop working with a wholesale customer who does not comply with the principle mentioned.
3.5 Order cancellation
If the customer asks to cancel the order when it has already been picked by the warehouse, the Company is entitled to claim a 25% restocking fee. If the customer asks to cancel a pre-order when the pre-order window has been already closed and the pre-order is in its production phase, the Company is entitled to claim a 25% cancelation fee. Cancellations for store credit will be charged a reduced fee of 10%. The Company won’t accept any cancellation of orders including custom products under the production services segment.
3.6 VAT registration number
The Company cannot be held liable for the consequences of the customer providing incorrect information. The Company must be notified immediately by e-mail of any change relating to the VAT registration number at the address firstname.lastname@example.org. The customer shall be able to place an order once he/she/it has been notified that the data have been updated.
4.1 Sales prices
The applicable sales prices are as shown on the Webshop. Product prices are indicated in EUR, including VAT depending on the geolocation of the Customer, and excluding delivery fees, which shall be indicated and invoiced to the customer at the time of payment.
4.2 Price display error
If, due to an error, no price should be displayed on the Webshop or on the order confirmation, the customer shall inform the Company immediately so that this error can be rectified. Under no circumstances shall the customer be entitled to receive free of charge the goods for which no price was indicated on the Webshop or on the order confirmation.
4.3 Exceptions on price indication
The prices indicated on the site are guaranteed subject to significant changes in charges and subject to typos or omissions.
Offers are valid for 14 days from creation. All offers of the Company are subject to change. A placed order becomes binding only after written order confirmation. The prices are based on the costs valid on the day of the offer. Should these costs have changed by the time the order is placed, a corresponding price adjustment will be made as part of a new offer. Offers made on the basis of inaccurate information or unavailable documents are only non-binding indicative prices.
5.1 Place of delivery
The products are delivered to the delivery address indicated by the customer at the time of ordering.
5.2 Scope of delivery
The delivery includes the agreed quantity according to the order confirmation. For production-related reasons, there may be over- or short-deliveries of the quantity for custom products under the production services segment when more or not all products pass the quality check at the end of production. The Company will charge the customer for the quantity actually delivered at the agreed unit price.
5.3 Delivery delay
A delay in delivery can never give rise to any fines or compensation whatsoever from the Company nor justify the cancellation of the order.
5.4 Order of dispatch
Packages are shipped in the order they are placed based on availability.
5.5 Orders from abroad
If the customer orders products to be delivered to a country other than Germany, the customer is deemed to be the approved importer and, in this respect, must comply with the laws and regulations in force in the country in which the goods are received. The customer may be subject to import duties or taxes when the goods arrive in the country. All these additional customs clearance fees, if applicable, are payable by the customer.
5.6 Liability for customs problems
The Company shall not be held liable if the customer encounters any customs issue whatsoever when exporting Labwear Studios products to a country located outside the European Union for which the Company is not able to provide the required documents.
6. Retention of ownership
The Company retains ownership of the goods until the invoice has effectively been paid in full (not just payment for the goods, but also for other fees invoiced such as delivery, default interest, etc.).
7. Transfer of risk
The risk is transferred to the customer as soon as the ordered goods are handed over to the transport company. The Company is not responsible for lost or stolen packages and packages damaged during transit or delivery.
8. Returns, exchanges, complaints, and missing items
8.1 Deadline for claims
All claims regarding returns, exchanges, complaints, and missing items must be made within three calendar days of receipt of the order.
8.2 Assertion of claims
Claims must be made via e-mail to email@example.com. Correspondence that is not made in this fashion shall be null and without effect.
8.3 Authorisation of claims
Claims must be authorised. The Company reserves the right to reject return shipments without any authorisation.
In case of a justified complaint, the Company is entitled to choose between granting a replacement delivery or a reduction of the price. With all products, slight variations in color, size, and weight are always to be expected. Measurements have a tolerance of +/- 2cm to the measurements indicated in the size chart on the Webshop or in the order of a custom product. The weight has a tolerance of 10% to the indicated weight in grams per square meter (GSM). Variations within the tolerances are not grounds for complaint. It should be noted that the definition of the size of our products may vary. A "too large S" or "too small L" compared to another product or manufacturer is not a reason for complaint. Discoloration, changes in the material, shrinkage, or other damage caused by improper handling or washing errors are also not grounds for complaint.
Manufacturing faults are defined by ongoing issue/s with the product’s design/construction and will be assessed by the Company.
Note, that the products displayed on the Webshop may be samples, with product details potentially evolving over the course of the selling period of the product. The Company undertakes every effort to display products and their colours as accurately as possible, however the displayed colours of the products will depend upon the screen of the user.
8.4 Deadline for returns
The order received must be returned within two calendar days of approval. The customer must provide the Company with a tracking number by email.
8.5 Restocking fee and costs of return
Returns are subject to a 25% restocking fee. Returns for store credit will be charged a reduced restocking fee of 10%. The costs of the return shipment are at the expense of the customer.
8.6 Condition of returned goods
Returns must be new, unworn, and in original condition, including packaging. The Company will inspect items individually to approve the condition of all returned goods.
8.7 Waiver and release of right to return
The customer’s modification of goods (in whatever form) shall be deemed a waiver and release of any rights to return the modified goods. Custom products under the production services segment are released of any rights to return the custom goods.
8.8 Size exchanges
Size exchanges are possible. Inquiries must be placed within three calendar days of receiving the order. Exchanges must be of equal total value to avoid incurring a restocking fee. This does not apply to custom products under the production services segment.
8.9 Missing item claims
Regarding missing item claims, the Company matches the actual shipment weight to a duplicated order. If the claim is approved, the client either receives a substitute delivery or a refund for the missing items.
9.1 Compensation for loss or damage
The Company is not liable for compensation for any loss or direct or indirect damage whatsoever.
9.2 Deadline for defective item claims and photo-proof
Defective item claims must be made within three calendar days of receipt. The Company requires individualized photo-proof of every damaged item as well as a photo of all damaged products together. The Company takes claims very seriously and conducts a thorough assessment and investigation.
9.3 Assertion of defective item claims
Defective item claims must be made via e-mail to firstname.lastname@example.org. Correspondence that is not made in this fashion shall be null and without effect. The customer agrees that such three-day period is reasonable to make such claims, and further agrees to inspect all items within that time. Any right to return expires after this three-day period, and the customer accepts the risk that it may fail to uncover defects or nonconformities during that period. Following acceptance of such items, and in any event no later than expiration of the three-day period, the customer shall be deemed to waive any claim for damages resulting from any defect he/she/it is aware of, including late delivery.
9.4 Damage by third-party operators
The Company is not liable for any damages incurred by a third-party operator. Damage claims are strictly for defective goods that were originally damaged during production.
9.5 Direct dispatch to third-party operators
If your package is shipped directly to a third-party operator, it is your responsibility to assure that the items are clear of any damages within three calendar days. Proceeding to decoration will void all claims.
9.6 Replacement of defective items
The Company only processes replacements for items included in the approved claim. Approved claims are valid for either full refunds, exchange, or store credit. Under no circumstance shall the liability of the Company go beyond replacement/reimbursement.
9.7 Return of defective items
Approved claims on defective items are required to be returned within two calendar days. The costs of the return shipment are at the expense of the Company.
10.1 Duration of refund
Returns will be refunded within ten business days. The customer’s bank may take two to five business days to process the refund.
10.2 Store credit
The customer may receive store credit for returns and defective or missing items.
11.1 Payment methods
Purchases on the Webshop can exclusively be paid using a credit card or any other payment method available on the Webshop.
11.2 Credit card payment
In the event of payment by credit card, the entire balance (including delivery costs) must be paid at the time of ordering. The customer’s credit card will be charged immediately at the time of the transaction.
11.3 Liability for payment refusal
Credit card payments are made via the Internet Payment Service Provider Stripe. Payment by credit card is subject to the approval of the financial institution that issued the card. The Company does not accept any liability if the financial institution should refuse the payment for any reason whatsoever or regarding any additional charges due to bank charges.
12. Force Majeure
12.1 Meaning of force majeure
Force majeure is any event outside the reasonable control of the Company that affects the performance of its commitments, including, without being limited to, natural disasters, riots, war and military operations, national or local emergency situations, acts or negligence by the public authorities, economic disputes of any kind whatsoever, actions by workers, fires, floods, lightning, explosions, collapses as well as any act or negligence by an individual or entity outside the reasonable control of the Company, notably its third-party suppliers.
12.2 Extension of delivery time
In the event of force majeure, the delivery period for the products shall be extended by a period corresponding to the period during which the Company is prevented from satisfying its obligations due to the force majeure.
12.3 Cancellation and compensation
If the delivery period for the products is delayed by more than eight weeks due to a force majeure event, both the Company and the customer have the option to cancel all or part of the order without the customer being entitled to claim any compensation whatsoever. The Company nevertheless has the right to be compensated for the costs incurred.
12.4 Extension of deadline and/or revision of order
In the event of the occurrence of unforeseen circumstances during the execution of the order, the Company may request that the deadline be extended and/or that the order be revised, including the prices set, if said circumstances make all or part of the order more difficult and/or more costly to execute. If applicable, the parties shall come together in good faith to discuss the adjustments to be made to remain advantageous for both parties.
13. Ordering error
13.1 Order error return policy
If a customer has made an error with his/her/its order, he/she/it can request in writing to return the goods. The returns procedure is described above. In fact, these same return conditions mentioned above shall apply if the customer has made an error. Any request to return goods must reach the Company within a maximum period of three calendar days from the customer taking possession of the goods. Once this period has elapsed, the customer is considered to have accepted the products, and the Company can no longer be held liable for the error.
13.2 Acceptance and approval of returned goods
A product return shall only be accepted and approved following prior written request and written agreement from the Company mentioning the address to which the products should be returned. The costs of the return shipment are at the expense of the customer.
13.3 Condition of returned goods
The products must be returned to the Company in the condition in which the customer received them, along with all the elements delivered (packaging, etc.). Returned products which are deemed unable to be accepted for return by the Company are returned to the customer. The return shipment is payable by the customer. In the event of abnormal or unjustified returns, the Company reserves the right to refuse this return.
13.4 Return of altered goods
Products altered by the customer, or a third-party operator can never be returned. Neither can parcels be taken back where there is no element identifying the sender (return number, order number, customer’s name, address).
13.5 Dispatch and taking back of returns
Returns must be sent to the address indicated by the Company in its prior written agreement and must include a copy of the delivery note and the invoice. Products shall be taken back by the Company at 75% of the amount invoiced by the Company, provided the customer has complied with Articles 13.1 to 13.4 of these Terms of Service.
13.6 Picking errors
Complaints because of a picking error must reach the Company within two calendar days from the customer taking possession of the goods. Once this period has elapsed, the customer is considered to have accepted the products, and the Company can no longer be held liable for the error. In the event of an order picking error, the Company shall arrange for the goods to be returned at its expense.
14. Intellectual Property
14.1 Trademark protection
The right to the Labwear Studios trademark is protected on the markets where we have a presence.
14.2 Blank templates
Wholesale customers can use the “Downloads” at https://labwearstudios.com/pages/downloads to download templates. The Company reserves the right to withdraw these authorisations at any time.
15. Use of electronic means of communication
The products offered on the Webshop are sold using digital platform processes. As a result, the customer agrees to the Company communicating with him/her/it electronically. The Company is authorised to send the customer electronic messages and other notifications about his/her/it order via the internet. To the extent permitted by the law, the customer agrees that the above replaces any legislation imposing other methods or timings for receiving notifications relating to his/her/its order. The Company is authorised to send messages via other methods (e.g., by regular e-mail) and to receive notifications in writing if this method is expressly specified by the parties, by way of derogation from these Terms of Service. To the extent permitted by the law, the customer undertakes, in the event of a dispute, not to dispute the validity of any order, information, notification or message sent electronically between the parties in connection with these Terms of Service and the contracts to which they apply.
If any of the provisions of these Terms of Service are held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms of Service. Instead, these Terms of Service shall be interpreted and enforced as if the offending provision were not contained herein.
These Terms of Service are subject to Swiss law. Any disputes arising from this contractual relationship shall be decided exclusively by the ordinary courts at the registered office of Tecido Schweiz GmbH.
Bad Ragaz, September 2022