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Users Terms



Thank you for choosing Lablaco, the first Circular Fashion Platform in the world.

Before going any further in exploring and browsing the Lablaco website, we invite you to carefully read through the general terms and conditions of use (“T&C All Users”), Privacy Policies and Cookies Policies (“Contractual Conditions”).

By registering on the Lablaco website and navigating throughout the platform (“Platform”), you are expressly accepting to enter into a contract with Lablaco S.r.l. (“the Contract”), which is entirely regulated by the Contractual Conditions and therefore legally binding.

  • Object of the T&C All Users

The existing T&C All Users, provide you with (i) the use of the functional features of the website lablaco.com (the “Website”), (ii) the use of mobile device applications run by Lablaco (the “App”) and, (iii) all the relevant services offered to you by Lablaco across the Platform (the “Services”).

  • Key definitions

Regarding the T&C All Users:

  • Lablaco S.r.l.” or “We” is a company incorporated under Italian Law, established in Milan (Italy), Corso di Porta Vittoria 18, 20122, registered under the Registro delle Imprese di Milano, REA number 2089024, VAT number IT094220709762;
  • Lablaco Platform”, “Platform” or simply “Lablaco” offers a multitude of functions and services through both the App and website;
  • Wearables” refers to clothing, fashionable shoes and accessories or any ready-to-wear items that may be exchanged, sold or donated through Lablaco;
  • Lablaco Shop” is an area on Lablaco dedicated to the sale and purchase of items between Sellers and Private Users;
  • Lablaco Give” is an area on Lablaco, dedicated to the free exchange of items between Users;
  • Lablacoin” is a form of virtual coin which you may collect through the use of Lablaco Give. The credit can then be used for purchasing on Lablaco Shop or to use further Services offered on the Platform;.
  • Sellers” are all companies, brands, boutiques, shops, retailers, designers and/or all other subjects or entities acting in their professional capacity or in relation to their business activity and advertising and selling Wearables via the Platform;
  • Influencers” are celebrities, talents, blogger or users of Lablaco that public contents, posts, opinions, images, reviews on Wearables sold via the Platform for business purpose;
  • Magazines” are magazines, newspapers and publications which post through the Platform advertising contents, posts and images and photos on Wearables sold via the Platform for business purpose;
  • Applicable Law” refers to Italian Law.

When we make use of the words “you” and “yours” etc. we are referring to you as a consumer or user of the Platform who is not acting for purposes related to any commercial, advertising, trading or professional activity (“Private User”).

Alternatively, when we make use of the words “you” and “yours” expressly referring to Sellers or Influencers, we are referring to Sellers or Influencers, whom are specifically authorized to publish content or promotional communications and to offer items on sale through Lablaco.

When generally referring to “Users” or “Users of the Lablaco Platform”, we intend Private Users, Sellers and Influencers.

For all enquiries, you may contact Lablaco in order, through the following means:

Lablaco S.r.l., Corso di Porta Vittoria 18, 20122 Milano, Phone [] E-mail: [●].

 

Summary

Withdrawal instructions 25

1. General Terms and Conditions for the Use of Lablaco Platform

What is Lablaco?

    1. Lablaco is a digital platform established purposefully, to facilitate the creation of a circular economy in the fashion world. It enables users to connect, communicate, share content and opinions as well as post images, benefitting from a variety of services as well as exchanging, purchasing or donating clothing, shoes, fashion accessories or other ready-to-wear items (“Wearables”) entirely online.

What is Lablaco Shop

    1. Lablaco shop is an area of the Platform exclusively dedicated to the sale and purchase of Wearables. If you decide to purchase Wearables for yourself (via the “Shop” button) or for others (via the “Surprise” button) you will execute a Shop Contract directly with the Seller being entitled towards the Seller to all rights and warranties granted to Consumers by the applicable mandatory law. 

What is Lablaco Give

    1. Lablaco Give is an area of the Platform entirely dedicated to the exchange of Wearables between users, free of any charge. If you decide to donate one or more items (via the “Give” button) or to receive a gift (via the “Accept” button), the donation agreement will apply between you (as a Private User or as a Seller) and another Private User whom will receive or donate the gift you are donating.

What can you do through Lablaco

  • If you are a Private User on Lablaco, you may:
  • purchase Wearables worn by Influencers and/or sold by Sellers on Lablaco Shop;
  • purchase Wearables from Lablaco Shop and donate them to other Private Users by using the “Surprise” button;
  • give one or more of your own Wearables, which may be new or second hand, to other Private Users through the use of the Lablaco “Give” button;
  • accept and receive one or more new or used Wearables as a gift from other Private Users by using the “Accept” button;
  • make direct payments through the use of online applications via the Platform;
  • post and share content on Your Account or directly communicate with other Users via the “Share/post” button;

Collect – thanks to the Wearables donated through Lablaco Give and thanks to Shop Contracts between Sellers and Private Users concluded as a result of a post or re-post of a picture on Your Account – Lablacoin which you will then be able to spend by purchasing items through Lablaco Shop.

1.4 What can you do on Lablaco if you are a Seller or an Influencer

  1. As a Seller, you are offered a number of Services through the Platform. In particular, you are offered the possibility to:
  2. Advertise, offer on sale and sell Wearables to Private Users registered on the Platform;
  3. Give to one or more Private Users one or more Wearables from your current or past collection, by clicking the button “Give”, bearing the shipping costs (“Shipping Costs”) or charging them on the Private User who accepts to receive the donated Wearables (“Receiver”) and to bear the Shipping Costs himself;
  4. Delegate Lablaco to collecting the Price and all other Shipping Costs for the donated or sold Wearables;
  5. Make the necessary online payments through the applications made available by the Platform, in relation to any Shipping Costs for the Wearables that you are donating;
  6. Have your Wearables promoted and advertised by Influencers and Magazines;
  7. Delegate Lablaco to pay directly the Influencers for their advertising services through the applications made available by the Platform;

Delegate Lablaco to provide for the shipping and delivery of the Wearable to the Private User in the name and on behalf of the Seller, through the carrier (“DHL” or “Carrier”);    

Post and share data, text, information, usernames, graphics, comments, pictures, images, messages, profiles, audio, video, items, and links (“Content/s”) on your Business Account and communicate with other Users.

  1. As an Influencer or Magazine, through the Platform you are offered the possibility to:
  2. publish contents, posts, opinions, photos, images, reviews and – if you subscribe as a  Magazines – articles on Wearables sold via the Platform for business purpose (“Content/s”);

be paid a Promotion Fee for every Shop Contract of a Wearable directly concluded through your posts, offered for sale on the Platform, between the respective Seller and a Private User.

If you subscribe to the Platform as an Influencer, Lablaco further provides you with the Services offered through the Platform to Private Users and, in particular, with the possibility to purchase and donate Wearables through the Platform for private purposes, in accordance with the provisions of these T&C All Users.

  1. If you would like to become a Seller or Influencer on Lablaco, you must access the registration area, create your own Business Account and subscribe to the Platform, expressly accepting the Lablaco Code of Ethics as well as all the T&C Business applying exclusively to Magazines, Influencers and Sellers.

 

Who is Lablaco

Lablaco S.r.l. is an independent entity which manages the Lablaco Platform making it accessible to all Users. As provider of the Platform, Lablaco S.r.l. is not a party to the contracts entered into between the Users in relation to the purchase, sale and donation of the Wearables, and does not bear any responsibility in relation to these contracts. Additionally, notwithstanding the provisions set forth in these T&C All Users, Lablaco does not act as an intermediary nor agent, franchisee or promoter in relation to any of the contracts executed between the Users.

  1. Lablaco S.r.l. is not a shipping company. However, through Lablaco Give, you can task Lablaco with the delivery of the donated Wearables, through logistics carriers.

 

Who can access and subscribe on Lablaco

    1. Subscribing on Lablaco as well as purchasing, exchanging, donating and accepting Wearables throughout the Platform is permitted to Users of age only. Moreover, subscription on Lablaco is only permitted to people above the age of eighteen or to young adults (above the age of sixteen) if expressly permitted by their parent or guardian, and only in those countries where minors above the age of sixteen enjoy the capacity to validly enter into purchase, exchange, donation agreements of the same nature and value of the purchase, exchange and donation agreements of Wearables.

Potential restrictions in your country of residence

Regardless of the applicable Italian Law, governing these T&C All Users, the aforementioned shall not exclude any mandatory law applicable in your country, and you shall therefore comply with all applicable limitations or exclusions provided for under the relevant applicable law.

    1. If for instance, internet access, the online donation or purchase of items and services similar in nature to the Wearables or Services of Lablaco, or the use of digital platforms similar to Lablaco, are for any reason restricted or denied in your country of residence, in consideration of mandatory laws applicable to the contractual relationship between you and Lablaco and other Users of the Platform, we kindly invite you to refrain and interrupt the use of the Platform.

General restrictions to the use of Lablaco

The purchase of Wearables by Private Users via the Platform is allowed for personal purposes only, in any way related to commercial, promotional, trading or professional activity that you may perform.

    1. In particular, the purchase, exchange, donation or acceptance of gifts through the Platform are not permitted when they are intended and directed for the resale and marketing of such Wearables, in any form, modality or in any location.

Access to Lablaco and informed consent to the processing of personal data

  1. The subscription to Lablaco requires the communication of personal data and the informed consent and approval to its processing, in accordance with the provisions of the Privacy Policy and Cookies Policies that we invite you to read carefully.

 

Registration to the Lablaco Platform

To access and use the services of the Platform you must register and create your own user account (“User Account” or “Account”), providing an email address and password (“Password”), uploading your own picture and filling in the necessary information indicated on the registration page. 

  • We thus remind you that:
  • the information provided during the registration process must be correct and complete and in the event of any subsequent changes, must be updated as well. 
  • by registering with Lablaco as a Private User, you will be authorized to use your account for personal purposes only. They must be unrelated to any commercial, advertising or trading activity;
    1. in the event that you are interested in using the Platform as a Seller, Influencer or Magazine, you will need to create a Business Account. 

Registration to Lablaco as a minor

We consider the protection of children’s rights an inviolable value.

If you are a minor and have reached the age of sixteen, you may register on Lablaco but will have to comply with certain provisions. 

  • In order to register, you must:
  • access a restricted Lablaco area for minors only;
  • create your own account, by providing the relevant information required;

ask your parent, guardian or tutor (“Tutor”), to fill in the “Tutor” section of the account, and expressly consent to the registration and use of the Platform.

  • During the registration, your Tutor can request to:
  • receive a message in the event of a purchase or donation of a gift through Lablaco, or
    1. subject the execution of such purchase (via Lablaco Shop) or donation (via Lablaco Give) to its prior consent.

 

Parent or Guardian’s consent for a minor to access Lablaco

If you are a parent, tutor or guardian of a minor, you may consent to the use of Lablaco by the minor by filling in the information provided in the “Tutor” area of your Account. 

When filling in the information you will have to declare the age of the child (who, in no circumstances, must be below sixteen years of age).

  • Before and after registration on the Platform, please verify that the minor can:
  • make use of the content and services of the Platform with full awareness and in absolute safety;
  • be fully informed and aware when giving consent to the Privacy law;
  • make informed choices and purchase decisions regarding the Wearables available online, taking into account any legal restrictions in your country of residence;
  • donate new or used Wearables owned by the minor without violating the rights of third parties;

have the means for executing a valid transaction to purchase a Wearable.

  • When registering on Lablaco as a tutor, you may request to:
  • receive a message in the event of a purchase or gift made by a minor on Lablaco;
    1. subject to prior consent terminate the given purchases (via Lablaco Shop) and donations (via Lablaco Give). 

Confidentiality of Your Account Password

    1. Your Account Password is strictly confidential. Remember not to disclose or communicate it to third parties. In case of unauthorized use of Your Account or if your Password has been brought to third parties’ attention, you must contact us immediately by requesting Lablaco to block your Account (“Block Account”). From the moment you receive an email confirming the blocking of your Account, the access to your account will be inhibited.

Who is responsible if Your Account is used without authorization

    1. Notwithstanding the above, we remind you that you are and will be responsible for all purchase, posts, statements and expressions of consent and all other activity carried out through Your Account, also where the account has been accessed or used without your consent or subsequent authorization. Lablaco will be liable only in the event where your has been accessed despite the Account Block or if the access to your Accent is caused by Lablaco’s willful misconduct or gross negligence.

Account and Privacy Registration

The setup of an Account, registration and access to the Platform require the communication of personal information and informed consent to its processing.

  1. Lablaco will process yours and other Users personal data according to the Privacy Policy and Cookies Policies.  The processing of personal data must be in compliance with all the applicable mandatory laws, in relation to the treatment of personal data.

 

Free use of the Platform for Private Users and Purchase Price

The registration and access to the Platform does not imply any cost for the Private User.

  • Please note, however, that:
  • you may incur in some costs in using the internet, Apps, computers or mobile devices that enable you to browse throughout the website. This may also include the payment of fees to internet providers or telephone services, depending on the respective agreements and understandings you entered into;
  • the purchase of the Wearable (via the “Shop” button or the “Surprise” button) through Lablaco Shop, foresees the payment of a purchase price ("Purchase Price”) to the Seller;
  • in case the purchase of a Wearable amounts to at least € 100,00, the Purchase Price shall include free delivery of the Wearable and will thus include all delivery charges (“Delivery Charges”) as well as all other applicable taxes and duties (“Delivery Expenses”);
  • in the event that an item is purchased at a Purchase Price below € 100,00, Delivery Charges and Delivery Expenses will be indicated separately, in order for the Private User to take a mindful decision after having carefully assessed the total Purchase Price;
  1. if you donate one or more gifts (via the “Give” button) or receive them (via the “Accept” button) from another User, you may decide to task Lablaco with the delivery of the donated Wearable, via trusted carriers, charging the Delivery Charges and Delivery Expenses to the donor User.

 

Payments on Lablaco

Lablaco enables you to make online payments of Purchase Prices, Delivery Charges and Delivery Expenses.

In particular, you can make payments using the following payment methods:

[·].

  • We thus remind you that:
  • if you purchase an item through the Platform, Lablaco S.r.l. will receive the Purchase Price of the sold Wearable as well as all Delivery Charges and Delivery Expenses, as subject delegated to the collection of the Purchase Price by the Seller;
  • the payment of the Purchase Price, Delivery Charges and Delivery Expenses through the Platform will release the User from its payment obligations in relation to the Seller;

in the event that you exercise your right of withdrawal within the time prescribed by the applicable law, the Seller shall refund the Purchase Price, Delivery Charges and any Delivery Expenses incurred for the returned Wearable. For more information regarding your right of withdrawal, we invite you to read the Withdrawal Instructions.

 

  • We also remind you that:
  • in managing the payment, Lablaco S.r.l. – delegated to this purpose by the Seller  – will rely on a specialized third-party operator, specifically authorized to manage online payments;
  • your personal information, including the data of your credit or debit card, will be directly transferred to a third-party operator and will not be in any way archived or stored by Lablaco S.r.l;
  • when entering the necessary information to finalize the purchase, you are expressly consenting to the transfer of your data for these purposes;
  • without prejudice to the rights and obligations of Lablaco S.r.l., the Seller and the operators delegated to manage the online payment (“Payment Provider” and “Gateway Provider”) are required to process the information entered by you into the Platform in accordance with the provisions contained in the Privacy Policy, as well as complying with the provisions of the EU Regulation 2016/679 (“GDPR”) and/or any other provisions of the applicable law in relation to the processing and protection of personal information and online payments, taking into account any mandatory provisions of your country of residence;
  1. notwithstanding the above, all online payments transactions made by minors must be done through specifically certified payment methods or by means of payment whose use is expressly authorised by their parents, guardians or tutors.

 

Lablaco Shop

  • On Lablaco Shop, you may:
  • Purchase Wearables offered on sale by Sellers and/or worn by an Influencer via the “Shop Button”;
  • purchase Wearables via the “Surprise Button” in order to donate them to other Private Users;

pay the Purchase Price of the Wearables via the Platform.

If you are purchasing one or more Wearables for yourself or for other Private Users via the Platform, before entering the purchase agreement (“Shop Contract”), you will receive by the Seller all necessary pre-contractual information required by law, including the details of the selected Wearable, the identity of the Seller and the Purchase Price.

The Shop Contract will be executed directly with the Seller. It is then the Seller’s responsibility to deliver the purchased item to the chosen location.

  • We thus remind you that:
  • purchasing the Wearable as a consumer, the Private User is entitled to all statutory warranties and rights set forth by all applicable mandatory consumer law of the country in which the consumer resides;

if the Shop Contract has been executed through the “Surprise button”, the same statutory warranties and rights foreseen for the Private User also apply to the person indicated by the Private User as the receiver of the Wearable, who will thus be able to exercise his warranties and rights against you. 

    1. If you decide to purchase an item and give it to a person whom is not registered on the Platform; you will have to state the name and address of the recipient, and the delivery will then be carried out according to the instructions provided.

How to execute a Shop Contract via Lablaco Shop

  1. In order to execute a Shop Contract via the “Shop” button, you will have to proceed as follows:
  2. choose and select the Wearable you intend to purchase;
  3. specify the shipping address (“Shipping Address”);
  4. provide credit / debit card details in order to execute the payment of the purchase price (“Purchase Price”) and of other related expenses (“Other Expenses”);
  5. carefully verify the correctness of all the details and information provided and contained in the purchase summary page (“Purchase Summary Page”). Unless you state otherwise, your credit or debit card details will also be used for any subsequent payments;

press on the “Buy button” or on the “Surprise button” at the end of the Purchase Summary Page, thereby sending the Seller a formal purchase offer (“Purchase Offer”) for the Wearable.

  1. If you intend to purchase a gift for another registered Private User on Lablaco, click on the “Surprise” button, you will have to proceed as follows:
  2. choose and select the Wearable you intend to purchase and then donate to another Private User;
  3. fill in the details of the receiver of the Wearable, in the case of a purchase through the “Surprise button”;
  4. specify the shipping address (“Shipping Address”);
  5. provide credit / debit card details in order to execute the payment of the purchase price (“Purchase Price”) and of other related expenses (“Other Expenses”);
  6. carefully verify the correctness of all the details and information provided and contained in the purchase summary page (“Purchase Summary Page”). Unless you state otherwise, your credit or debit card details will also be used for any subsequent payments;

press on the “Surprise button” at the end of the Purchase Summary Page, thereby sending the Seller a formal purchase offer (“Purchase Offer”) for the Wearable.

  • If the Wearable is available in stock, the shipping address is clearly reachable and all other details correctly saved, you will then be able to access a (“Purchase Summary Page”), where the following details and information are summarized:
  • the selected Wearable;

the Seller(s);

  • the Purchase Price of the selected Wearable(s);
  • Delivery costs and Delivery Expenses (provided they are not included in the Purchase Price) ;

the Shipping Address;

the name and identity of the Recipient of the delivery.

    1. We invite you to carefully verify all the correctness of all details and information provided in the Purchase Summary Page in relation to your order.

Purchase Offer with payment obligation

By clicking on the Shop button or on the Surprise button at the end of the Purchase Summary Page, you will be sending to the Seller a purchase offer for the selected Wearable at the conditions therein indicated (“Purchase Offer”).

The display of a Wearable through Lablaco and the publication of a related sale offer implies that the Wearable is available in stock, and thus entails the possibility to execute the Shop Contract with immediate acceptance of the Purchase Offer submitted by the Private User.

However, we remind you that the Seller has the right to accept or refuse such Purchase Offer, in relation to the effective availability of the Wearable and to the location of the shipping address indicated by the Private User.

  • In light of the above, we thus remind you that:
  • Sending a Purchase Offer implies your intention to buy with obligation to pay and give authorization for the Purchase Price, Delivery Costs and Expenses to be charged on your credit card upon acceptance of the Purchase Offer by the Seller;
  • The Purchase Offer(s) will be considered valid and effective for a maximum period of 10 days, within which the Seller may accept or refuse them;
  • The Purchase Offers regarding a number of Wearables must be treated as autonomous and independent from one another;
  • such Purchase Offers may be accepted or refused by the respective Sellers separately and individually from one another;
    1. the execution of the Shop Contract may be delayed, suspended or interrupted in the event of missing or incomplete information concerning the credit/debit card details.

 

Acceptance of the Purchase Offer and execution of the Shop Contract

All Purchase Offers are subject to the Seller’s acceptance.

it is the Seller’s responsibility to communicate his acceptance of the Purchase Offer, thereby sending to the Private User confirmation of the effective conclusion of the Shop Contract as well as of the shipping of the Wearable (“Confirmation E-Mail”).

The Shop Contract between the Seller and the Private User will thus be treated as entered into on the date of the Confirmation E-Mail and it will refer exclusively to those items listed in the Confirmation E-Mail.

The execution of the Shop Contract is subject to the payment – through the Platform – of the Purchase Price, the Delivery Costs and Delivery Expenses, if indicated in the Confirmation E-Mail, within 10 days from the Confirmation E-Mail.

The Confirmation E-Mail shall contain information on the purchased Wearable(s), a copy of the Shop Contract between the Seller and the Private User, the information regarding the right of withdrawal and the form to exercise it, and the receipt of the purchase. It shall also precisely indicate the VAT, all applicable taxes paid for such transaction as well as any further information required by law.

The Confirmation E-Mail shall constitute proof of purchase of the Wearable and, together with a copy of the Shop Contract and of any additional contractual document relating to such transaction, shall be stored and made accessible on your Account page on Lablaco.

We suggest you to always print out a copy of the Confirmation E-Mail and save it for your own records.

    1. Should the Seller refuse your Purchase Offer, then the Shop Contract would not be executed and would not be effective: as a consequence, no payment would be charged.

Payment

Simultaneously to the Confirmation E-Mail, you as a Private User expressly authorize Lablaco to collect the payment of the Purchase Price and, if the case may be, of the Other Expenses directly from your credit/debit card, in the name and on behalf of the Seller who delegated Lablaco to this purpose, only in the case of Seller’s acceptance of the Purchase Offer.

If the Purchase Offer is related to a number of Wearables, only the Purchase Price and the Delivery Costs and Expenses of the Wearables for which the Shop Contract has been duly executed after Seller’s acceptance via Confirmation E-Mail will be charged.

    1. In the event that the payment of the Purchase Price and the Delivery Costs and Expenses were to fail, we will inform you via e-mail. By accessing Your Account page, you will have a second attempt to finalize the payment, if the case may be by selecting an alternative payment method. The Wearable will not be shipped unless the Seller has effectively received the Purchase Price (including Delivery Costs and Expenses). If within 10 days of having received the E-mail Confirmation, you fail to proceed with the payment, the relevant contract with the Seller shall be considered ineffective. On your Account Page you will thus find a cancellation notice of the purchase.

Errors in relation to the Purchase Price or Delivery Costs and Expenses

In the event that the Seller has entered incorrect information regarding the Purchase Price or other relevant Delivery Costs and Expenses, you will receive a correction e-mail (“Correction E-Mail”). In such case, you would be given the choice to annul or re-confirm your Purchase Offer at the correct price.

    1. Should you not confirm your Purchase Offer within 5 days from the Correction E-Mail, then your Purchase Offer will be considered ineffective. You will find a cancellation notice on your Account page.

Delivery

The delivery will take place at the location indicated while filling in the relevant Purchase Offer.

In the event that the Wearable cannot be delivered to your country of residence, the Shop Contract will not be executed and no Purchase Price, Delivery Costs or Expenses will be charged.

  • The shipping confirmation e-mail (“Shipping Confirmation E-Mail”) shall contain:
  • general information describing the purchased Wearable;
  • place and indicative date of delivery;

a tracking number that you may use to trace your order on the carrier’s website to get confirmation in relation to the expected date of delivery.

    1. With regard to the Wearables sold through Lablaco, unless otherwise stated, the Purchase Offer will include Delivery Costs and Expenses, if the place of delivery is in one of the following countries: [Italy, Germany, Spain, France and/or the UK].

Time of delivery

The Sellers registered on Lablaco undertake to ship the sold Wearables immediately after execution of the Shop Contract and deliver them, at the latest, within 15 days from the date of execution of the Shop Contract.

We remind you that, regardless of the commitments taken, the Seller is obliged to deliver the Wearables, at the latest, within 30 days from the date of the execution of the Shop Contract or on which the Confirmation E-Mail has been sent to you, or within the shortest delivery term set forth in the applicable mandatory law of your country of residence.

    1. If the Seller fails in delivering the Wearable or does not deliver it at all, we invite you to contact us immediately, as we will try our best to make sure the Wearable is subsequently delivered, excluding, however, our responsibility for the case of non-compliance of the Seller.

Delivery to Recipient for the “Surprise” option and possible refusal

  • When selecting the “Surprise” button, the Wearable will be delivered to the Private User you chose, whom in turn may refuse the delivery of the gift. In such a case:
  • you will be fully charged with the Purchase Price of the Wearable and all Delivery Costs or Expenses;
  • You will receive a notification on Your Account confirming the recipient’s refusal to receive the Wearable;

in the event that the Wearable is refused by the Private User, the Wearable will be delivered to your personal address and you will be charged with the expenses for the return (“Return Expenses”). You therefore expressly authorize us to charge you with the Return Expenses in the name and behalf of the Seller.

    1. If you wish, by clicking on the appropriate button on the Platform, you may openly decide to donate the refused Wearable to charity, at your own expenses. You must provide the shipping details to the carrier who, in turn, will charge you with the related costs and expenses. The choice of the organization will be at your own discretion. Through your Lablaco Account, in case this is allowed under the applicable law, you may then verify that the Wearable has actually been delivered.

Transfer of risk

Once the Wearables have been delivered or will be delivered to the recipient (in the event of a Purchase via the “Surprise” button), you, or the other recipient, will acquire the material possession of the Wearables, together with all risks connected to it foreseen by the law.

Upon delivery of the Wearable, you will be required to check the conditions of the packaging, the correct number and characteristics of the Wearable provided. Upon delivery of the Wearable, all mandatory terms provided by law in relation to your rights and warranties against the Sellers will start.

    1. 6.10.If the Wearable does not comply with the Wearable described within the Shop Contract, You (or the other recipient of the Wearable in the event of a purchase via the “Surprise” button) shall have the right to return the item to the carrier and claim a refund for the relevant Purchase Price through a refund request.

Restrictions and special conditions relating to the purchase of more than one copy of the same Wearable

    1. 6.11.For each Purchase Offer, and within a period of two weeks since the Purchase Offer, you will be able to further purchase a maximum of three units/pairs/samples of the same Wearable.

Your rights towards the Seller

  • Through Lablaco Shop, you will purchase a Wearable from the Seller. You therefore have the possibility to exercise a series of rights and warranties given to you by the mandatory consumer law applicable in your country of residence, in relation to online purchases. When you purchase a Wearable through Lablaco, you will receive all the relevant information in relation to the Seller’s identity and in order to be able to fully enjoy the rights given to you by law. In particular, those are the rights which you may exercise against the Seller:

Right of withdrawal

If for any reason, you were not satisfied with the purchased Wearable, you may withdraw from the Shop Contract executed with the Seller and return the purchased Wearable within 14 days from the date of delivery.

  • Thus, we remind you that:
  • in order to validly exercise the right of withdrawal you shall inform the Seller about your decision within, at the latest, 14 days from the date of delivery of the Wearable. To contact the Seller directly through Lablaco, you may follow the Withdrawal Instructions at the end of these T&C All Users. You may fill in and send the Withdrawal Form within 14 days at the very latest from the date of delivery. The Return Form already provided on the Platform, which you can download from the following page [Lablaco Withdrawal Form]. You will then receive the confirmation of your withdrawal by the Seller, through Lablaco, together with the necessary instructions for the return of the Wearable;
  • alternatively, you may contact the Seller directly, stating your intention to withdraw from the Shop Contract in any form or downloading and filling in a standard withdrawal form from the following page [Withdrawal Declaration foreseen by Italian L.D. 6.9.2005 n. 206];
  • unless the Sellers offers to collect the Wearable himself, you are required to return the Wearable yourself to the Seller within 14 days since the date on which you communicated your withdrawal; unless the Seller offers to cover for the expenses, you will directly bear the cost of returning the Wearable;
  • if the Wearables have been over handled and overused, more than what is normally required in order to assess the nature, features and functioning of the purchased Wearable, you may be held responsible for the loss of value of the Wearable;

subject to the return of the item as required by all applicable law, the Seller shall refund you of the Purchase Price and of all Delivery Charges or Expenses paid before.

  • If you intend to exercise your right of withdrawal with the help of our assistance and through the Lablaco Withdrawal Form, please follow the Withdrawal Instructions.

Right to the delivery of the Wearable

The Seller is bound by law to deliver the Wearable without unjustified delay and at the latest within 30 days from the Confirmation E-Mail and the conclusion of the Shop Contract or, in any case, within the shortest delivery term set forth by all mandatory applicable laws of the Private User’s country of residence, notwithstanding all extra time foreseen by law. 

  • Notwithstanding the above, the Sellers registered on Lablaco are under a contractual obligation, to deliver the Wearables no later than 15 days from the date of execution of the Shop Contract.

Legal guarantee of compliance

Each Seller shall offer a legal guarantee of compliance for a minimum period of two years, from the date of delivery of the sold Wearable.

Should the Private User not notify the Seller of the lack of conformity of the purchased Wearable within a period of two months since the discovery of the non-conformity, then the Private User’s right to a legal guarantee of conformity shall lapse.

  1. Claims for defects unintentionally withheld by the Seller shall in any event be subject to a limitation period of 26 months upon the delivery of the Wearable.

Lablaco Give

  • Through Lablaco Give you can donate a Wearable which you fully own to:
  • A Private User on Lablaco whom you have expressly identified;
  • A Private User on Lablaco who belongs to a group of Private Users or other contacts whom you have previously chosen and selected through Lablaco (i.e.: on a geographical basis);

Any Private User on Lablaco who decides to accept your donation.

    1. We kindly remind you that you have the possibility to donate one Wearable every 24 hours.

Legal restrictions

  • We further remind you that based on the laws of the country where you have your legal seat:
  • The possibility to donate (and thus execute valid donation agreements) clothes, shoes, fashion accessories or other wearable items might be restricted, prohibited, or subject to particular obligations;
    1. The donation of the abovementioned items through digital platforms could be prohibited, ineffective, void or limited in relation to, for example, the age of the contractual parties, the nature, object and value of the items (in Italy, for example, the donation executed without a public deed is valid and effective only in relation to small-claims items).

 

Give Contract

  • Anytime you decide to donate (through the “Give button”) one or more Wearables through Lablaco Give:
  • you are executing a donation contract (“Give Contract”), to which you and the Receiver are party;
    1. for the Give Contract to be fully effective, the Receiver will need to expressly declare his intention to accept the donated Wearable, by clicking the “Accept button” (or “Get button” in giveaway section).

 

Delivery of the donated Wearable by the Parties

    1. Using Lablaco Give, you and the Receiver have the possibility to decide upon the terms and timing of the delivery of the donated Wearable. In such a case, the delivery of the Wearable shall happen under your exclusive control and sole responsibility, without any direct nor indirect liability of Lablaco arising out of it.

Delivery of the donated Wearable by Lablaco

    1. On the other hand, you and the Receiver might opt for the alternative, by clicking the [•] button on the Platform, thus concluding with Lablaco a contract (“Delivery Contract”), in the framework of which Lablaco will provide for the delivery of the donated Wearable through known logistic specialists and carriers, charging you with the related expenses and costs (“Delivery Costs”).

How to make and accept a gift through Lablaco Give

  • To donate via the “Give” button, you must proceed as follows:
  • enter onto Lablaco Give;
  • enter in the appropriate field a brief description of the item which you own or possess and that you wish to donate;
  • take and upload at least one picture of the chosen item;
  • carefully verify that the donation of the chosen item does not infringe upon third parties’ rights and, in particular, does not infringe upon third parties’ intellectual property rights or rights to economic use;
  1. by selecting the appropriate flag, you may alternatively decide to give the item to:

a chosen Private User;

  • any Private User who decides to accept your gift;
  • in the event of letter a), the Gift Contract will be executed when the Receiver expressly declares his intention to accept the donated Wearable, by clicking on the “Accept” button;
  • in the event of letter b), the Gift Contract will be concluded by the Private User who initially expressed his/her willingness to receive the gift via the Accept button;
  • decide together with the Receiver whether directly delivering the item or task Lablaco S.r.l. to do it, by clicking on the appropriate flag;
  • in the latter case, select the shipping address where the item you wish to donate should be sent to (“Shipping Address”);
  • carefully verify and evaluate the amount of Delivery Costs and Expenses;
  • If you have not already done so, enter in the appropriate field, your credit or debit card details or any other relevant information in order to execute the payment;

before authorizing the payment, carefully check the details provided.

  • If all details are correctly saved, you will then be able to access a (“Summary Page”), where the following details and information are summarized:
  • description of the donated Wearable;
  • the name and identity of Receiver(s) of the Gift;
  • the name and identity of the User making the gift;
  • Purchase Price of the selected Wearable(s);
  • If the delivery is arranged directly between the Receiver and the User making the Gift, the Delivery Address;

If the delivery is arranged directly by Lablaco, the Delivery Address and the description of the Delivery Costs and Expenses.

    1. We invite you to carefully verify all the correctness of all details and information provided in the Summary Page, making sure they fully correspond to your intentions.

Gift Offer

By selecting the “Give” button, you will send a message (“Gift Offer”) to the potential Receiver(s) of the gift, asking them to accept the donated item in order for them to receive it as a gift at the Delivery Address indicated in the Gift Offer.

    1. The Gift Offer will remain public and visible to the Receiver(s) for a period of 5 days.

Gift Acceptance

Each Receiver of the Gift Proposal – and therefore you as well, should you receive any Gift Offer - may decide whether to accept the Gift Proposal within 5 days from the date of its publication, by pressing the “Accept” button.

  • Whenever you receive a Gift Proposal, we remind you to do the following before accepting:
  • carefully verify the images and description of the Gift;

carefully verify the identity of the proposing Private User and the proposed place of delivery.

  • By selecting the “Accept” button, you will consent to:
  • receive as a gift the Wearable specified in the Gift Offer;
  • execute the Gift Contract with the offeror;

if provided in the Gift Offer, arrange for the collection of the Wearable at the specified delivery address.

    1. We remind you, that if the Gift Offer is sent to the number of Private Users of the Platform, the first Private User who expressed his or her acceptance will have the right to receive the Wearable as a gift.

Payment of Delivery Costs

    1. If Lablaco S.r.l. has been tasked with the delivery the donated Wearable specified in the Gift Proposal, we will be authorized to withdraw the amount of Delivery Costs and Expenses form your credit or debit card, while contextually sending the Confirmation E-Mail.

Your obligations if you decide to donate an item through Lablaco Give

  • We remind you that on Lablaco Give you undertake to:
  • Donate only Wearables which are in good condition, clean, not infected by any harmful or stinging agents, and without failure which would make them unsuitable for their intended use;
  • Donate Wearables which fit and comply with the description and related picture posted along with the donation notice;

Donate Wearables of which you are full and exclusive owner and which are in your full and exclusive possession, excluding any third party claims;

Before donating through Lablaco Give, verify and make sure that, by offering and donating the Wearable through the Platform, you will not infringe upon any third party’s rights, in particular IP rights, property rights or economic exploitation rights.

If you are a minor, always seek the consent of your parent, guardian or registered tutor via your Lablaco Account, before donating items through Lablaco Give.

 

  1. We remind you that Lablaco is never party to the Give Contract executed between you and the Receiver / Private User. In light of this, you undertake to indemnify and hold harmless Lablaco, its directors, employees, consultants and related parties from any damage, claim or liability that the Receiver / Private User might raise, as a direct or indirect consequence of the donation received through Lablaco.

Lablacoin

  • On Lablaco you have the possibility to earn virtual coins (s.c. “Lablacoin(s)”), in accordance with the terms set forth below:
    • If you are a Private User, you will earn:
    • [•] Lablacoin for every Wearable donated through Lablaco Give, in accordance with these T&C All Users;
  • [•] Lablacoin everytime a Shop Contract is executed between a Seller and a Private User thanks to one of your posts on Lablaco or through a repost of one of your posts;
    • If you are a Seller, you will earn:
  • [•] Lablacoin for every Wearable donated through Lablaco Give, in accordance with these T&C All Users;
    • If you are an Influencer or a Magazine, you will earn:

[•] Lablacoin for every Wearable donated through Lablaco Give, in accordance with these T&C All Users;

  • Each Lablacoin corresponds to a value of [•] Euro and can be spent within 3 months from the date of “earning”, in the following ways:
    • If you are a Private User, an Influencer or a Magazine, you may:
    • spend your Lablacoin to purchase Wearables on Lablaco Shop;
  • assign your Lablacoin to other Users.
    • If you are a Seller, you may use your Lablacoin:
    • To purchase further advertising space on the Platform;
  1. To acquire a broader and enhanced visibility to Private Users, Influencers or Magazines on the Platform, by using the “Boost” option made available.

 

Restrictions in relation to unrequested Gifts

The right to privacy is an inviolable right. All Lablaco Users are expected to refrain from donating unwanted gifts that might infringe upon the right to privacy of others.

If you are a Private User on Lablaco and receive one or more items as a gift via Lablaco Shop Surprise or Lablaco Give, you will always have the option to accept or decline the gift.

If you receive unwanted Gift Offers, you may enter a flag on Your Account to reject any new Gift Offer or any notification from the same User. Generally, you may at any time report on your Account the names of Users from whom you do not wish to receive any gifts. 

  1. If, despite the above, you should continue to receive unwanted Gifts, please notify us via the [notification of unwanted gifts] service. If we believe all conditions are met, we will do everything in our power to limit or prevent the unauthorized use of Lablaco.

 

Links to other websites

Your access to other online social media websites or networks may be facilitated by the Platform. These websites, networks or pages have not been necessarily verified by Lablaco S.r.l. and are managed by third parties over which Lablaco exercises no control.

Lablaco S.r.l. bears no responsibility in relation to the quality of the products and services available through or advertised on such third parties’ websites. In addition, the presence of hyperlinks or any redirection towards third parties’ websites does not imply any approval of such website, or of the products, content or services therein offered.

  1. Managers or owners of third party websites will, if the case may be, be liable for any illegal, incorrect or incomplete content, as well as for any damages resulting from the use of such content and/or from browsing through third party websites, of which each User shall read the specific terms and condition of use. This is without prejudice to the following provisions of these T&C All Users.

 

Lablaco’s role and responsibilities in relation to Wearables purchased, donated, or exchanged using the Platform

  1. Lablaco bears no responsibility or obligation in relation to the correct execution of contractual or pre-contractual obligations arising from the Shop Contracts and Gift Contracts entered into by and between the Users of the Platform. In light of defects, non-conformities or lack of quality of the purchased Wearables you can contact us through the Lablaco Chat. If possible, we will help you solve the situation, offering you all the reasonable support.

 

Evaluation of the Wearable’s quality and experience on Lablaco

Your feedback is important to us!

  1. After the delivery of a Wearable purchased through the Lablaco Shop or received as a gift through Lablaco Give, we will invite you to evaluate the quality of the Wearable and the Lablaco experience. Please note that you may not make a new purchase or donation through Lablaco until you have evaluated the previous purchase or donation.

 

Rights and obligations in relation to the access and use of the Platform, the Services, their content and Lablaco’s trademark


    1. If you access and use the Lablaco Platform as a Seller, Influencer or Magazine, beside the provisions of these T&C All Users (with the exception of those provisions that apply exclusively to Private Users) and all other relevant provisions, you are bound by the provisions of the T&C Business.All contents and services of the Platform are of Lablaco’s and its licensees exclusive property.

License for the use of the Platform by Private Users

    1. 14.2.If you are a Private User and comply with the T&C All Users and/or all applicable laws, Lablaco grants you a personal, revocable, limited, non-exclusive, non-transferable license to: (i) access the Platform; (ii) download and use the Applications (“License”) and make any purchases or donations authorized via Lablaco Shop and Lablaco Give. The License may only be used for personal purposes, i.e. for purposes unrelated to any commercial, advertising, business or professional activity, notwithstanding the provisions of the T&C All Users.

Non-authorized use on the Platform

    1. 14.3.You will not be allowed to modify, translate, revert, create derivative works of, distribute, decompose, transmit, post, publish, remove or alter any proprietary notices or labels, license, sublicense, assign, sell, perform, formulate, exploit, rent, lease, private-label, grant any warranty with regard to the use of or economically exploit the Platform, or any portion thereof (including any pages, text, images, descriptions, audiovisual content, and any works that may be duplicated thereon). The License remains valid for the entire period in which the User will be registered to Lablaco.

Intellectual Property

  1. All registered trademarks, related services registered names, domain names and other features of the Lablaco brand or other labels displayed on the Lablaco Platform (“Trademarks”) are of Lablaco’s or its licensors exclusive property. You are not authorized to use the trademarks for any personal or commercial use.

 

Obligations, prohibitions and rights relating to the Content posted on Your Account

    1. 15.1.Following the registration of Your Account on the Platform, you will have the opportunity to post, upload, transmit or otherwise make content accessible to other Users on the Platform Tab (“post”), including text, comments, messages, images and photos (“Content(s)”).

Do not infringe upon third parties’ rights

The content must never infringe upon the rights of others. In particular, it is expressly prohibited to post, share or upload content on Lablaco, that in any way or form may : a) be detrimental to the privacy and right to privacy of others; b) be an encouragement to carry out irresponsible, antisocial, illegal acts, or acts contrary to public order or morality; c) be defamatory, discriminatory, offensive, obscene, harmful to religious sentiment; d) prove harmful and/or discriminatory with respect to sex, sexual orientation, age, disability, illness, religious faith or other; e) contain indecent, pornographic images or comments that violate the common sense of modesty; f) amount to hidden, or deceptive forms of advertising or include (even in disguised form) unsolicited and/or unwanted information of commercial communications; g) in any way violate provisions in force regarding advertising law; i) be prejudicial to Lablaco S.r.l., the Platform, the Sellers or other Users; m) deliberately report false or untrue information.

    1. 15.2.By posting any Content, you represent and warrant that you have all necessary rights, titles and license on such Content, freely disposing of it, and expressly guaranteeing, also for the behavior of a third party, that the publication, disclosure, use, and economic exploitation of such Content on the Platform or elsewhere does not violate or nor will it violate the rights of others (including right to image, rights to privacy, rights of publicity and/or economic use, copyrights and other intellectual property rights).

Reporting third parties’ violation

    1. 15.3.Notify us via the Lablaco Chat when you believe that Content posted by any other User may, even potentially, infringe upon Your rights, the rights of another User or those of any person or entity, or may be contrary to any of the provisions above of these T&C All Users, or to any applicable law or regulation in force in Your country of residence. In handling your notice, we will protect your identity, within the limits of all applicable law and in full respect for the rights of User you indicated.

Licensing rights on the Content


    1. In light of this, you expressly waive any form of compensation as well as any right of approval, prior or subsequent, for what will be processed from the Content you published, shared or transmitted in any way on Lablaco.
      This is without prejudice to all mandatory applicable laws regarding copyright and intellectual property rights. In particular, the uses of the Content authorized under this provision, will in no way harm your honor, reputation, nor any other fundamental and imperative right between the Parties, under the applicable law of your country of residence. The Content License will remain valid even after the deletion of Your Account or the termination of the contract between You and Lablaco S.r.l., notwithstanding the provisions below.

 

Exclusion of liability of Lablaco for Content posted by Users

    1. 15.5.All opinions, comments or advice expressed by you or third parties in pages or sections accessible via the Platform will be intended as exclusively referred to the person whom expressed such opinions, comments or advice or posted or uploaded them on the Platform. In the event that the aforementioned Content including comments, opinions and advice published by a Platform User, are in no way used by Lablaco, they will not be considered published nor expressed by Lablaco, its directors, employees or collaborators, and can thus not entail any liability of Lablaco, its directors, employees or collaborators. This is without prejudice to other provisions of these T&C All Users.

Refusal to publish and right to remove

  1. Without prejudice to the above, Lablaco S.r.l. reserves itself the right to refuse the publication of any content that may be proposed by Users, or the right to remove (or request the removal of) specific Content after its publication. This is at Lablaco’s sole discretion and without obligation to give prior notice or justification, thus not giving rise to any liability of Lablaco S.r.l., its affiliates, subsidiaries or related parties or their directors, employees or collaborators.

 

Suspension and amendments to the Platform and/or the Services offered by Lablaco

Lablaco will make any necessary effort to maintain the Platform operational at all times. However, in some circumstances, there may be technical difficulties, due to the nature of the Internet, which may cause an interruption in the Platform’s accessibility and availability of Services. We also retain the right to limit the availability of the Platform and/or of the Lablaco Services (i) if this is necessary to protect the proper functioning of the Platform and/or the Services, the safety and integrity of our servers, the integrity of the rights of Lablaco S.r.l., its licensors, Users or third parties, (ii) in order to carry out maintenance work on the Platform and/or the Services.

  1. Lablaco may perform modifications to the Platform and/or Lablaco Services in order to introduce new Services and/or improve the existing Services, their accessibility and/or functioning, or, if the case may be, by amending these T&C All Users, in application of Art. 17 of these T&C All Users.

 

Amendments to T&C All Users

  1. We reserve ourselves the right to modify these T&C All Users at any time, which you may always refer to by accessing the most up-to-date version on the Platform. In the event of a significant change to one or more provisions, we will notify you at least 30 days in advance before their entrance into force, by sending you a message on your Lablaco Account. In such case, should you not agree with the stated provisions, you will have the right to terminate these T&C All Users executed with Lablaco with immediate effect, in accordance with the information and procedures described in the e-mail. If, however, you continue to use the Platform after the introduction of such new provisions, you expressly declare the acceptance of the amended T&C All Users. We therefore invite you to read carefully any emails you may receive from us.

 

Duration and Termination of the T&C All Users

All provisions of the T&C All Users executed between you and Lablaco S.r.l. will remain in full force until the T&C All Users is terminated (i) as a result of your withdrawal, (ii) as a result of a termination by Lablaco, in accordance with the provisions of this paragraph.

You may terminate these T&C All Users at any time by clicking on the “Delete Account” button available on the Platform, without giving any reason for your decision.

Lablaco may terminate these T&C All Users with immediate effect and without notice (i) if you breach any of your obligations under these T&C All Users, (ii) if, by using the Platform and/or its Services, you violate a right of Lablaco, of a licensor of Lablaco, of a Seller, of another User or a third party, (iii) if Lablaco has received at least two notifications from other Users or Sellers reporting a behavior in relation to the use of the Platform and/or its Services, which may constitute a breach of these T&C All Users and/or other legal provisions, and (iv) in the event of serious and repeated breaches of the contracts executed with other Users of the Platform of which we become aware.

If the Agreement is terminated – as a result of your withdrawal or our request for termination –we will block your User Account without delay. You will therefore no longer be able to access any of your Content, which will also be no longer visible on the Platform.

However, the rights granted by Lablaco under these T&C All Users will remain unaffected, including the right to post your Content and the right to License referred to in paragraph 14.3 above. If, at the time of termination of these T&C All Users, you have purchased, sold or given away items through Lablaco, the contracts with the other Users and the delivery mandate thereof shall remain in force until their full and final execution. 

  1. Notwithstanding the above, Lablaco shall not be liable where one or more of the Content posted or shared on the Platform by the User is – even after termination of these T&C All Users and deletion of the Account – in whole or in part used, reproduced, copied, modified, altered, publicly displayed, posted, sent, transmitted, distributed, transferred or otherwise used.

 

 

Limitation of Liability of Lablaco

  1. Lablaco S.r.l. as well as its subsidiaries, affiliates and related parties who contributed towards hosting services, the development of content and services of the Platform, will not be liable for direct or indirect damages resulting from the use of Platform or from the failure to offer such services. This provision as well as all provisions of these T&C All Users containing exclusion or limitation clauses related to the liability of Lablaco or its subsidiaries, affiliates and related parties shall be intended in the broadest sense possible, but shall however be applied within the limits of the applicable law and regulation of your country of residence. In any case, they will not be applicable in cases of willful misconduct and gross negligence, where the damage consists of an injury to physical integrity or health and if the violation by Lablaco, its subsidiaries, affiliates and related parties amount to a breach of mandatory public order laws.

 

Waiver

  1. By using the Platform, you agree to indemnify and hold harmless Lablaco, its affiliates, subsidiaries and related parties, directors, employees and contractors, from any loss, direct or indirect damage, liability, cost, expense (including legal fees), alleged compensatory obligation or third party claims arising out of: (i) your use of and access of the Platform; (ii) any of your Content; (iii) your breach of any provisions of the T&C All Users; and (iii) your breach of any third party rights, including any proprietary, privacy or intellectual property rights without restrictions.

 

Online dispute resolution (UE)

To file a complaint or claim any of your rights related to the use of the Platform or to the purchase Wearables, you have the option to use the Online Dispute Resolution Platform (“ODR Platform”), established by the European Commission and delivered in all European languages, via the following website of the European Commission: https://ec.europa.eu/consumers/odr/.

In the case of purchase through Lablaco Shop, the Seller will be the only subject responsible for all claims concerning your Shop Contract. As a consequence, if you were to use the ODR Platform in order to claim your rights arising out of the Shop Contract, you would need to specify the Seller of the purchased Wearable as professional from which you bought the Wearable or else as counter party in the dispute.

  1. If, on the other hand, you intend to use the ODR Platform to enforce your rights or file a complaint under the T&C All Users entered into with Lablaco S.r.l., you shall then indicate Lablaco, as the retailer from whom you purchased the service, or as the counterparty of the related dispute.

 

Waiver and Safeguard clause

  1. Failing to rigorously ask to enforce any of the terms and conditions of these T&C All Users shall not be construed as a waiver for the enforcement of any further breach. If any part of these T&C All Users were found invalid or unenforceable under the applicable law or Court order, including any warranty disclaimers or limitation of liability set forth above, the invalid or unenforceable provision shall be considered severed by a valid and enforceable provision that is consistent with the meaning of the original provision. The rest of these T&C All Users would still be binding and would remain in full effect.

 

Governing law and Jurisdiction

The contract executed with Lablaco ruled by the General T&C (which include these T&C All Users, the Privacy Policy and the Cookie Policy) and all rights and obligations of the parties are governed by and construed in accordance with the laws of Italy, save for all other mandatory applicable law which cannot be derogated or excluded by the Parties.

  1. Any dispute which may arise therefrom shall be submitted to the jurisdiction of the Italian Court of the place where you reside. If you are a consumer, residing in a country of the European Union other than Italy, you may turn to the competent Court of the save for any other tribunal or court which shall be competent pursuant to mandatory applicable laws.

 

Reporting and Feedback

If you believe that the behavior of a User of the Platform infringes upon any of your rights, third parties’ right or the Law, please send us an email or use the Feedback Form. 

This way, in accordance with the privacy rights of each individual, we may decide to undertake the most relevant contractual or commercial initiative towards Users, Sellers, Influencers or Magazines, who have engaged in a conduct conflicting with the Lablaco Values, or in any way violating the T&C All Users, the T&C Business, or otherwise contrary to the law.

We simply remind you, however, that Lablaco holds no responsibility as to breach of contract or breach of law by third parties’, for which Lablaco S.r.l. is not called liable under the Law.

Withdrawal instructions

If you purchase an item on Lablaco, you can change your mind and withdraw from the Shop Contract with the Seller!

If for any reason you were not satisfied with your purchase, you can return the Wearable within 14 days from the date you received the purchased Wearable. After checking the integrity of the returned Wearable, the Seller will refund you of the Purchase Price and of any Delivery Costs and Expenses.

The cost for the shipment of the returned Wearable will be borne by you. 

  • In order to exercise your right of withdrawal, return the Wearable and receive a refund (or the replacement of the Wearable) from the Seller, you may fill in the Lablaco Return Form and follow the instructions below:
  • access the “[My Purchases]” section of your Account and select the purchased Wearable you would like to return;
  • Package the Wearable in its original packaging, including any documents, accessories and manuals received along with it; if done otherwise, the Seller may deny the refund;
  • make sure that the packaging is well sealed and that the content does not risk being damaged during the shipping;
  • type the flag [--] to confirm your willingness to withdraw and return the Article;
  • you will receive a Confirmation e-mail where in which you will be informed of the address where you should return the Wearable within 14 days from the date of receipt of the Return confirmation e-mail;
  • upon receiving the returned Wearable, the Seller will check its status and, if no damage is found, he will task Lablaco with the refund – in his name and on his behalf – of the Purchase Price and all Delivery Costs and Expenses, via the original payment method, within 14 days from the date of return;
  • once the refund has been made, a confirmation message will be sent to you by the Seller;

If the Seller were to detect damages, you would be contacted by the Seller and - to the extent this is permitted under the applicable law – he would withhold your refund until the dispute is resolved. 

We remind you that all direct costs for returning the product(s) in relation to which the right of withdrawal has been exercised will be borne by You, unless the Seller has offered to cover them.