Terms and Conditions
Timeless 04 BV, a private limited liability company organized and existing under Belgian law, with registered office at Verlatstraat 15, 2000 Antwerp (Belgium), and registered with the Crossroads Bank of Enterprises under number 0839.571.523 (hereinafter referred to as “LABELLOV”) operates a webshop active in the sale of unique vintage luxury goods.
LABELLOV can be contacted via info@labellov.com or +32 3 216 44 4.
The customer can be any natural person or legal entity who enters into a contractual relationship of any kind with LABELLOV (hereinafter referred to as the "Customer") or any person who, exclusively for non-professional purposes, acquires products (hereinafter referred to as the "Consumer") via www.labellov.com (hereinafter referred to as the “Webshop”).
Clause 1 – Applicability
1.1 Safe as explicitly agreed otherwise in writing, these general terms and conditions shall apply to all purchases and orders made via the Webshop.
1.2 Placing an order on the Webshop implies full knowledge and unconditional acceptance of LABELLOV's general terms and conditions.
1.3 LABELLOV reserves the right to amend these general terms and conditions at any time in accordance with economic and legal necessities. The amended terms and conditions will apply to any agreement entered into thereafter but will in no event affect orders which have already been confirmed by LABELLOV.
Clause 2 – Orders
2.1 The Webshop contains an accurate description and illustrations as accurate as possible of the products offered. Certain non-substantial characteristics of a product may on delivery differ from the descriptions and illustrations as displayed on the Webshop. Colors may also vary slightly, depending on the lighting and settings of the computer screen used.
2.2 LABELLOV is not bound by descriptions of products which are clearly affected by an error or mistake, such as obvious errors in the quotation.
2.3 Products are only available as long as the stock lasts. If the Customer orders a product through the Webshop that is out of stock, LABELLOV will inform the Customer as soon as possible by e-mail or by phone and the Customer shall have the right to cancel the order against reimbursement. LABELLOV shall in no event be liable for damages that result from a temporary or permanent unavailability of a product.
2.4 Orders can only be processed if the Customer clearly identifies itself by filling in its address, email address and invoice details in the contact form. These details must always be up to date and truthful. The order will be delivered in accordance with the contact form as filled in by the Customer.
Clause 3 – Agreement
3.1 To enter into an agreement with LABELLOV via the Webshop, the following steps must be taken:
- the Customer must add the products he or she wishes to purchase to the shopping cart, and then proceed to checkout;
- in case the Customer does not have an account on the Webshop, he or she shall fill in the address, email address and billing information requested through the designated contact form, to which the order can be delivered and invoiced;
- once the Customer has filled in the required information, the Customer shall select the desired shipping method;
- the Customer shall then select the desired payment method;
- then, the Customer shall confirm the acknowledgement and agreement with the general terms and conditions, which will be presented to him or her in PDF format with the possibility to download and save;
- after that, the Customer shall confirm the order;
- the Customer will be redirected to the website of LABELLOV's payment service provider, depending on the chosen payment method, which will handle the payment to LABELLOV;
- once LABELLOV receives the payment, it will confirm the order by e-mail to the e-mail address provided by the Customer during the ordering process. At this point, a binding agreement is formed between the Customer and LABELLOV.
3.2 LABELLOV and the Customer expressly agree that a binding agreement may be concluded by electronic means. The absence of a signature does not affect the binding force of the offer and its acceptance. LABELLOV's electronic files serve as proof in this respect, in so far as permitted by law.
Clause 4 – Right of withdrawal
4.1 This Article 4 shall apply solely to Consumers placing an order through the Webshop.
4.2 The Consumer can exercise its right of withdrawal within 14 (fourteen) days after delivery of the product without giving any reason(s) and without any indemnity, on the condition it has only unpacked the product in order to inspect it as would be possible in a physical shop in order to decide whether the Consumer wishes to keep the product or not.
4.3 If the Consumer wishes to exercise its right of withdrawal, it is obliged to report this to LABELLOV by using the model withdrawal form, as made available on the Webshop, or by means of an email to info@labellov.com indicating the order number and the product(s) the Consumer wishes to send back. LABELLOV shall assess the request of the Consumer and shall provide further instructions for return.
4.4 The product must then be returned to LABELLOV within 14 (fourteen) days as from the day on which the Consumer has notified LABELLOV of its decision to withdraw from the agreement. The product has to be returned in the same condition it was received by the Consumer (including the attached safety tag), taking into account the return instructions. All accompanying documentation, (a copy of) the order form and packaging materials must be enclosed with the return. If the Consumer fails to comply with these conditions, LABELLOV shall repay the price of the returned products reduced with the associated costs.
4.5 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
4.6 The costs in relation to the return of the product(s) (including additional duties, taxes, customs fees or similar charges) shall be borne by the Consumer.
4.7 LABELLOV shall not be liable for any damage, theft or loss of the products, as a result of the return of the products.
4.8 Provided that the Consumer has exercised the right of withdrawal in accordance with the previous paragraphs, LABELLOV shall repay the price paid by the Consumer (except - for the avoidance of doubt - any costs relating to the return of the products and, if applicable, any costs relating to any damage to the products) within a period of 14 (fourteen) days upon receipt of the products by LABELLOV or, if earlier, after the Consumer has showed evidence that the products have been returned, by the same means of payment as used by the Consumer.
Clause 5 – Prices
5.1 The prices as shown on the Webshop are VAT-inclusive. LABELLOV unfortunately does not have control over additional duties, taxes, customs fees or similar charges (which vary in each country), that will be the sole responsibility of the Customer.
5.2 The prices are excluded delivery costs. When the Customer chooses to have the products delivered, the delivery costs shall be paid by the Customer. The calculation of the delivery costs is indicated at the time of purchase. The Customer acknowledges that choosing for 'Express Shipping' will incur additional costs.
5.3 The prices are expressed and all transactions are processed in EURO.
5.4 Safe in the event of errors, the prices will be charged as stated at the time of the order. In the event of a price error, LABELLOV will inform the Customer by email within 30 (thirty) days upon confirmation of the order. Where applicable, the Customer will have a choice to either accept the new (correct) price or cancel the order and receive a refund of the price that is already paid. In the absence of a reply from the Customer within a period of 7 (seven) days upon notification, the order will automatically be cancelled.
5.5 The indication of the price relates exclusively to the products as they are described verbatim. The accompanying illustrations are decorative and may contain elements that are not included in the price.
5.6 LABELLOV may, at any time and without any notice, adjust the prices as displayed on the Webshop. A price adjustment will however not be applied to orders already placed.
Clause 6 – Payment
6.1 Unless agreed otherwise in writing, the invoices of LABELLOV will be payable immediately by means of a wire transfer to the bank account of LABELLOV. Products will be dispatched upon reception of the payment.
6.2 Payment must be made in accordance with one of the following payment methods (stating any costs associated with their use):
- wire transfer,
- Bancontact,
- KBC/CBC,
- Belfius Direct Net,
- Visa,
- Mastercard,
- Maestro,
- Ideal,
- Apple Pay,
- Google Pay,
- American Express, or
- PayPal.
The general terms and conditions of the payment system ‘Mollie’ or ‘Shopify’, depending on the selected payment method, apply to the payment. If a credit card payment method is chosen, it is subject to the conditions of the card issuer.
7.1 Except in the case of an agreement with a Consumer, the delivery date indicated by LABELLOV is at all times indicative. Delay in delivery shall not give rise to a right to any compensation on the part of the Customer, a right to unilaterally reduce the price, nor a right to terminate the agreement with LABELLOV.
If LABELLOV has entered into an agreement with a Consumer, the date of delivery as specified by LABELLOV shall be binding and, in the absence of an agreed delivery date, a maximum delivery period of 30 (thirty) days shall always apply as from the day the order has been confirmed by LABELLOV.
In the event that LABELLOV does not deliver the order within the agreed delivery date or within maximum period of 30 (thirty) days, in the absence of an agreed delivery date, for whatever reason, the Consumer is entitled to request delivery within an additional period that is appropriate given the circumstances or to cancel the order and receive a refund within 30 (thirty) days of notification of the price paid. If LABELLOV does not deliver the products within the agreed additional period, the Consumer will be entitled to cancel the order free of charge, without legal intervention and with a simple notification, and to receive a refund within 30 (thirty) days of notification of the price paid.
7.2 The products shall be delivered at the address specified in the contact form.
7.3 Delivery is deemed to take place at the time the products are offered the first time to the specified delivery address and, in the case of a Consumer, at the moment the Consumer physically possesses the products. In the event that delivery is unsuccessful due to the Customer's actions, any costs associated with new delivery attempts shall be borne by the Customer.
7.4 If multiple products are ordered, LABELLOV reserves the right to deliver each product separately. However, LABELLOV undertakes to do its best to deliver the multiple products at once.
7.5 The risk for loss or damages pertaining to the products will be transferred to the Customer as soon as they are delivered to the Customer.
Clause 8 – Warranty and complaints
8.1 LABELLOV warrants that the products delivered shall conform to the description and specifications as stated on the Webshop, subject to the limitations set forth in Article 2.1.
8.2 The Customer acknowledges that LABELLOV sells second-hand products that may show signs of use as described on the Webshop through photographs and a condition description.
8.3 The Customer undertakes to inspect the products immediately upon delivery for conformity with the agreement and visible defects. Any lack of conformity between the agreed products and the products delivered or any visible defect must be communicated in writing to LABELLOV without delay and no later than 8 (eight) days after delivery, failing which the products shall be deemed accepted by the Customer.
8.4 Complaints regarding hidden defects must be communicated to LABELLOV by the Customer by registered letter no later than 2 (two) months after the discovery of such defects, failing which the right to make such complaint shall lapse.
8.5 Complaints regarding non-conformities in accordance with consumer legislation must be communicated by the Consumer to LABELLOV by registered letter within 2 (two) months after discovery thereof and no later than 1 (one) year after delivery, failing which the right to make such complaint shall lapse.
8.6 The complaints must be described in great detail.
8.7 Remedy
8.6.1 In the event that products supplied by LABELLOV under the agreement with the Customer exhibit visible defects or to the extent that the Customer demonstrates that a non-conforming product was delivered, the Customer may only claim a dissolution of the agreement, whereby the Customer may only claim a form of compensation if it can be objectively demonstrated.
8.6.2 In the event that the Customer can demonstrate that the product concerns hidden defects known to LABELLOV, the Customer may only claim a refund of the price of the defective product upon return thereof to LABELLOV, or a price reduction, whereby the Customer may only claim a form of compensation if it can be objectively demonstrated.
8.6.3 In the case of a non-conformity in accordance with consumer legislation, the Consumer may demand a price reduction or dissolution of the agreement, and the Consumer may, if applicable, claim additional compensation if it can be objectively demonstrated.
8.8 Complaints regarding products that have been modified by the Customer or a third party after delivery or defects attributable to the Customer or a third party shall not be taken into consideration.
8.9 The Customer is obliged to enable LABELLOV to investigate the complaint and must therefore provide his or her full cooperation.
8.10 The unconditional acceptance of the products delivered by LABELLOV shall be evidenced by the unconditional use of the delivered products.
Clause 9 – Data protection
9.1 LABELLOV shall process all personal data it receives from the Customer in accordance with the obligations relating to the processing of personal data, including the General Data Protection Regulation 2016/679 of 27 April 2016 on the protection of natural persons in connection with the processing of personal data and the free movement of such data.
9.2 If the Customer requires more information regarding the data processing by LABELLOV, it can contact LABELLOV via e-mail info@labellov.com or consult the privacy statement of LABELLOV on its website (https://www.labellov.com/privacy-labellov).
Clause 10 – Intellectual property rights
10.1 LABELLOV retains all intellectual property rights to the Webshop and all its components, including but not limited to all texts, images, layout, data, software, names, trademarks, labels, and logos, whether registered or not.
10.2 Neither the Webshop itself and the information offered on the Webshop may be stored, modified, published, distributed, transmitted, sold, transferred to third parties, or used in any form or manner without the prior written consent of LABELLOV.
Clause 11 – Force majeure
11.1 Neither party shall be liable for any delay or failure to perform its obligations if such delay or failure is due to a force majeure event. The concerning party shall inform the other party in such case within a period of 7 (seven) days after the commencement of the force majeure event. A force majeure event is any cause beyond the reasonable control of such party that prevents that party from performing under the agreement, temporarily or permanently, even if the cause was foreseeable. Without being exhaustive, a force majeure event includes: stock shortages, third party delays, defective machines, strike, lockout, fire, uprising, war, epidemic, flood, electrical, IT, internet or telecommunications failures and government related decisions.
11.2 In case of a force majeure event, the performance of obligations of the concerning party is suspended. Both parties will use best efforts to limit the consequences of the force majeure event. In the event either party is unable to resume performance of the applicable obligations within 2 (two) months of providing notice of a force majeure event, the other party may terminate the agreement immediately, without compensation to any party, except for the costs incurred by LABELLOV prior to the force majeure event, which shall be borne by the Customer.
Clause 12 – Liability
12.1 Except in cases of intentional fault or a fault affecting the physical integrity of a person attributable to LABELLOV or its agents of execution:
- LABELLOV shall never be liable for or obliged to compensate for immaterial, indirect, or consequential damages, including (but not limited to) loss of profit, loss of revenue, loss of income, loss of clientele, claims by third parties, or any other form of damage;
- the total liability of LABELLOV for direct damages shall at all times be limited to the price (including VAT) paid by the Customer for the product(s) under the related order.
12.2 LABELLOV shall not be liable for damages caused by errors due to third parties, the Customer or force majeure events.
12.3 Except in case of damages resulting from an infringement of physical or psychological integrity or damage resulting from an intentional fault, LABELLOV, its director(s) or its employee(s) shall never be liable extracontractually for damage resulting from the infringement of a contractual obligation that also constitutes an extracontractual fault.
12.4 LABELLOV shall never be held liable for any currency fluctuations.
Clause 13 – Assignment
13.1 The Customer acknowledges that LABELLOV may assign or subcontract its rights and/or obligations under the agreement with the Customer.
13.2 The Customer is not entitled to assign or subcontract his or her rights and/or obligations under the agreement with LABELLOV to a third party without the prior written consent of LABELLOV.
Clause 14 – No waiver
14.1 Waiver of any provision of these terms and conditions shall only be effective if it is in writing and signed by the other party.
14.2 Waiver of a specific provision of these terms and conditions shall in no event be deemed as a waiver of any other provision, nor shall it be interpreted as a continuing waiver.
Clause 15 – Severability
15.1 If any provision of these terms and conditions is held to be illegal, invalid or unenforceable, in whole or in part, under any applicable law, then such provision or part of it shall be deemed not to form part of these terms and conditions, and the legality, validity or enforceability of the remainder of these terms and conditions shall not be affected. If applicable, parties shall negotiate in good faith in order to replace the concerning provision with an enforceable, legal and valid provision that is as close as possible to the intention of the original provision.
Clause 16 – Governing law and jurisdiction
16.1 These general terms and conditions shall be governed by and construed in accordance with the laws of Belgium.
16.2 The courts of Antwerp, division Antwerp shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these terms and conditions, unless mandatory law prescribes that such dispute should be handled by a different court.