Terms and Conditions
General Terms and Conditions (B2C) – End Consumers
1. Scope of Application / Definitions
1.1 These General Terms and Conditions ("T&C") apply in their version valid at the time of order placement to all contracts between Volentis GmbH, Grossackerstrasse 75, 8041 Zurich, Switzerland (hereinafter "Provider") and end consumers via the Provider's online shop and for orders placed by email/phone, insofar as they are distance selling contracts.
1.2 An "end consumer" is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity.
1.3 Deviating terms and conditions of the end consumer do not become part of the contract, unless the Provider explicitly agrees to their validity in text form (e.g., email).
1.4 If deadlines are specified in working days, these are understood to be all weekdays except Saturdays, Sundays, and public holidays at the Provider's registered office.
2. Conclusion of Contract / Contract Language / Storage
2.1 The presentation of goods in the online shop, catalogs, or price lists does not constitute a binding offer, but an non-binding invitation to the end consumer to submit an offer.
2.2 The end consumer submits a binding offer by completing the ordering process in the online shop (order button) or by placing an order via email/phone/other means of distance communication.
2.3 The Provider can accept the offer within two weeks by:
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Sending an order confirmation (text form, e.g., email, is sufficient), or
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Shipping the goods, or
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Requesting payment.
2.4 The contract text is stored by the Provider and transmitted to the end consumer in text form (e.g., email) after conclusion of the contract, as far as technically provided.
2.5 Input errors can be corrected before submitting the order in the ordering process.
2.6 The contract languages are German and English. The German version is authoritative, unless mandatory consumer protection regulations dictate otherwise.
2.7 Contract processing usually takes place via email. The end consumer must ensure that the specified email address is correct and that emails can be received (e.g., SPAM filter).
3. Right of Withdrawal & Withdrawal Form
End consumers have a right of withdrawal according to the following provisions. The right of withdrawal does not apply in particular to contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs (personalized/individualized products; see section 3.3). Further legal exceptions remain unaffected.
3.1 Right of Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods .
To exercise your right of withdrawal, you must inform us (Volentis GmbH, Grossackerstrasse 75, 8041 Zurich, Switzerland, Tel.: +41 78 694 44 34, E-mail: info@laboni.design) of your decision to withdraw from this contract by means of a clear statement (e.g., by email or letter). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
Returns (goods) are to be sent exclusively to the following address:
Volentis GmbH c/o VONEXIO Logistik & Fulfillment GmbH
Welserstrasse 6A
51149 Cologne, Germany
You will bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Non-binding notes on returns (not a prerequisite for withdrawal):
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Please avoid damage and contamination. Return the goods if possible in their original packaging with all accessories and packaging components and use protective outer packaging if necessary.
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Please do not send the goods freight collect (no unpaid shipments).
— End of withdrawal instructions —
3.2 Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and send it back.)
To:
Volentis GmbH
Grossackerstrasse 75
8041 Zurich
Switzerland
E-mail: info@laboni.design
I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods (*):
Ordered on () ____________ / received on () __________________
Name of consumer(s): __________________________________
Address of consumer(s): _______________________________
Signature of consumer(s) (only for communication on paper): ______________________
Date: ______________________
(*) Delete as appropriate.
3.3 Exclusion of the Right of Withdrawal for Personalized Goods
No right of withdrawal exists for goods that are manufactured according to customer specifications or are clearly tailored to personal needs (personalized/individualized products). Once manufacturing/personalization has begun, withdrawal is excluded to the extent legally permissible.
4. Prices, Shipping Costs, Customs / Import Duties
4.1 The prices at the time of order placement apply. All prices are final prices including the applicable VAT, if shown in the shop.
4.2 Additionally, packaging and shipping costs, as well as any import duties (e.g., customs duties, import VAT, customs clearance fees) may apply. The end consumer bears such costs, insofar as they are shown in the ordering process or are legally owed by the recipient.
4.3 For deliveries within the EU, import duties generally do not apply. For deliveries to Switzerland or other third countries, import duties may apply, which – unless legally permissible and expressly stated otherwise in the ordering process – are to be borne by the end consumer.
4.4 Unless otherwise stated, delivery is Delivered Duty Unpaid (DDU). Information on shipping costs can be found in the shop under "Payment & Shipping" and will be displayed in the checkout.
4.5 Obvious errors (e.g., typing, calculation, or pricing errors) are reserved. In such cases, the Provider is entitled to dispute/reject the order; payments already made will be refunded immediately.
5. Payment Terms / Payment Methods
5.1 The end consumer can use the payment methods offered in the shop (e.g., prepayment, PayPal, possibly others). The specific available payment methods will be displayed during the ordering process.
5.2 For prepayment, the goods will be shipped after receipt of payment. The bank details will be provided in the order confirmation.
5.3 When using external payment service providers (e.g., PayPal/Klarna), their terms and conditions also apply.
6. Delivery, Shipping, Transfer of Risk, Default of Acceptance, Self-Supply, Force Majeure
6.1 Delivery will be made to the delivery address specified by the end consumer. Shipping of the goods may – depending on availability and logistical requirements – take place from Germany (EU logistics warehouse/shipping service provider). In any case, the Provider remains the contractual partner of the end consumer.
6.2 The shipping location does not affect
(a) the validity of these T&C,
(b) the transfer of risk according to Section 6.3, and
(c) the retention of title according to Section 7.
6.3 Transfer of Risk: The Provider bears the risk of loss or damage during transport until the end consumer has received the goods (handover).
6.4 Default of Acceptance: If the end consumer does not accept the goods or if delivery is not possible for reasons for which the end consumer is responsible, the end consumer bears the reasonable additional costs incurred thereby (e.g., storage, return transport, redelivery).
6.5 Freight Forwarding / Bulky Goods / Scheduled Delivery: For freight forwarding goods, delivery takes place by appointment. The end consumer must ensure acceptance. In case of non-acceptance, Section 6.4 applies.
6.6 Self-Supply Reservation: The Provider reserves the right to withdraw from the contract if it is not supplied despite a proper covering transaction for reasons for which it is not responsible. In this case, payments already made will be refunded immediately.
6.7 Force Majeure: Events of force majeure (e.g., natural disasters, war, strikes, official measures, supply chain disruptions) may reasonably extend delivery times. Claims for damages due to delay are excluded in this respect, as far as legally permissible.
6.8 Delivery Delay / Withdrawal: Should the Provider not deliver within 30 days of placing the order, the end consumer is entitled to withdraw from the contract.
6.9 Self-collection is not possible for logistical reasons, unless expressly agreed.
7. Retention of Title
The delivered goods remain the property of the Provider until full payment of all claims arising from the respective contract.
8. Warranty / Defects
8.1 If there is a defect in the purchased item, warranty and end consumer rights shall apply in accordance with statutory provisions.
8.2 Obvious transport damage or material/manufacturing defects should be reported to the Provider or the delivering transport company in writing as soon as possible. This does not affect statutory rights but facilitates processing.
8.3 Product representations in the shop/catalog are non-binding. Minor deviations in shape, color, and size are possible and do not constitute grounds for defect claims, as far as they are reasonable for the end consumer.
8.4 In case of wear and tear, ordinary consumption or damage due to improper handling (e.g., destruction by a dog), there is no warranty, unless the damage is due to a defect already present at the time of handover.
8.5 If a complaint proves to be unfounded and the goods are free of defects, the Provider can charge the end consumer for necessary testing and shipping costs only to the extent legally permissible and only after prior notice. The end consumer reserves the right to prove lower costs; the Provider reserves the right to prove higher costs.
9. Liability
9.1 The Provider is liable without limitation for intent and gross negligence as well as for injury to life, body or health.
9.2 Liability under mandatory statutory provisions (e.g., product liability) remains unaffected.
9.3 In the event of slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable, contract-typical damage. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the end consumer may regularly rely.
9.4 Otherwise, liability is excluded to the extent legally permissible.
10. Promotional Vouchers
10.1 Promotional vouchers, which are issued free of charge and cannot be purchased ("promotional vouchers"), can only be redeemed in the online shop and only within the specified period.
10.2 Individual products may be excluded from voucher promotions if this is indicated on the voucher.
10.3 Promotional vouchers can only be redeemed before completing the order process; subsequent crediting is not possible.
10.4 Only one promotional voucher can be redeemed per order.
10.5 The value of the goods must at least correspond to the amount of the promotional voucher; any remaining credit will not be paid out.
10.6 If the value is insufficient, the difference can be settled using the offered payment methods.
10.7 Voucher credit is not subject to interest and will not be paid out in cash.
10.8 In the event of a cancellation of an order paid with a promotional voucher, the promotional voucher will not be refunded, to the extent legally permissible.
10.9 Promotional vouchers are transferable. The provider can make payments to the respective holder with discharging effect, provided there is no knowledge of lacking authorisation.
11. Gift Vouchers (Purchased)
11.1 Gift vouchers can only be redeemed in the online shop, unless otherwise stated.
11.2 Gift vouchers are valid for 3 years from the date of issue (until the end of the third calendar year).
11.3 Cash payment is excluded, to the extent legally permissible.
11.4 Partial redemptions are possible; remaining credit will remain until the expiry of validity.
11.5 In the event of a cancellation of the voucher purchase, the refund will be made as voucher credit, to the extent legally permissible.
12. Digital Content / Instructions / Downloads
12.1 Insofar as the provider provides digital content (e.g., instructions, PDFs, downloads), the end consumer receives a simple, non-transferable right of use for private use.
12.2 Passing on to third parties, making publicly available, or reproducing beyond private use is prohibited.
12.3 If the end consumer expressly agrees that the provider begins with the execution before the expiry of the withdrawal period, and confirms that they thereby lose their right of withdrawal, the right of withdrawal for digital content expires in accordance with the statutory provisions.
13. Image Rights / Copyrights
All copyrights to images, graphics, texts, and other content of the online shop belong to the provider or its partners. Use without the express consent of the rights holder is not permitted.
14. Data Protection
The provider processes personal data for contract execution, customer support, and – where permissible – for advertising purposes. Data will be transmitted to service providers (e.g., shipping companies, payment service providers) as required.
Objections to advertising are possible at any time (Post: Volentis GmbH, Grossackerstrasse 75, CH-8041 Zurich; E-mail: service@laboni.design). The privacy policy can be accessed in the online shop.
15. Alternative Dispute Resolution / Online Dispute Resolution (EU)
The EU Commission provides a platform for online dispute resolution:
https://ec.europa.eu/consumers/odr
The provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
16. Applicable Law / Place of Jurisdiction
16.1 Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
16.2 For end consumers within the EU, mandatory consumer protection regulations of the state of habitual residence remain unaffected.
16.3 The place of jurisdiction for claims of the provider against end consumers is – where permissible – the domicile of the end consumer; otherwise, the statutory places of jurisdiction apply.
17. Language / Electronic Communication
17.1 Communication takes place in German; the provider may additionally communicate in electronic form (e-mail).
18. Severability Clause / Amendments
18.1 Should individual provisions of these General Terms and Conditions be or become ineffective or incomplete, the validity of the remaining provisions shall remain unaffected. In place of the ineffective provision, a regulation shall be deemed agreed that comes closest to the economic purpose and is effective.
18.2 Amendments or additions to these General Terms and Conditions require text form (e.g., e-mail). Deviating terms and conditions of the end consumer do not become part of the contract, unless the provider expressly agrees in text form.
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General Terms and Conditions of Volentis GmbH for Resellers (B2B)
I. Scope
These GTC apply to all contracts between Volentis GmbH, Grossackerstrasse 75, 8041 Zurich, Switzerland (hereinafter "Seller") and entrepreneurs within the meaning of the Swiss Code of Obligations (hereinafter "Buyer").
Deviating conditions of the Buyer will not become part of the contract.
These GTC also apply to all future business relationships.
II. Offers and Conclusion of Contract
Offers are non-binding.
A contract is only concluded upon written order confirmation, delivery, or invoicing.
Catalogues, illustrations, dimensions, and price lists are non-binding.
III. Prices
Prices are net ex-warehouse, plus VAT, customs, transport, duties.
IIIa. Price changes after conclusion of contract
If procurement, production, transport, energy, or customs costs demonstrably increase after the conclusion of the contract, the Seller is entitled to adjust prices.
IV. Delivery, Partial Delivery, Delay in Acceptance
Delivery dates are non-binding. Partial deliveries are permissible.
In the event of delay in acceptance, the Seller is entitled to store the goods or to withdraw from the contract.
Shipment can be made either from Switzerland or from an EU logistics warehouse.
The place of dispatch has no influence on the validity of these GTC or the retention of title.
V. Transfer of Risk
The risk passes to the Buyer upon readiness for dispatch or dispatch.
This does not affect the retention of title according to section X.
VI. Terms of Payment
First order: 100% prepayment.
Subsequent orders: 7 days net.
In the event of late payment, default interest of 9% p.a. will be charged.
The Seller is entitled to:
- stop further deliveries
- demand prepayment
- reclaim goods
- prohibit resale
Offsetting and retention are excluded.
VIa. Delivery Stop
The Seller is entitled to withhold all deliveries as long as outstanding claims from the business relationship exist.
VII. Duty to Inspect and Notification of Defects
The goods must be carefully inspected immediately upon receipt.
Defects must be reported in writing within 7 calendar days at the latest.
Hidden defects must be reported immediately after discovery.
Failure to or delayed notification of defects leads to the complete loss of all defect claims.
Defect claims become time-barred within 12 months from the delivery of the goods.
VIII. Liability
Liability only for intent or gross negligence.
No liability for lost profits or consequential damages.
IX. Extended, Prolonged, and Insolvency-Proof Retention of Title
- The goods remain the property of the Seller until full payment of all claims.
- The Buyer may resell the goods in the ordinary course of business.
- The Buyer hereby assigns the resulting claims to the Seller.
- In case of payment default, application for insolvency, or suspension of payments:
- the right to resell expires
- the Seller may enter the business, storage, and sales premises
- the Seller has the right to immediately demand the return of all goods subject to retention of title
- Even unpacked, displayed, or goods in the sales room are considered goods subject to retention of title.
- Processing/mixing is carried out for the Seller (co-ownership).
- In the event of insolvency, the Seller has a right to segregation.
IXa. Labelling and Documentation Obligation
The Buyer is obliged to clearly label goods subject to retention of title as the property of the Seller at all times and to be able to document and disclose their storage location and inventory at any time upon request.
X. Reclamation and Right of Entry
In the event of payment default or insolvency, the Seller may reclaim goods without a court order.
XI. Exhibition, Trade Fair, and POS Goods
Samples, exhibits, and POS goods are also fully subject to the retention of title.
XII. Image Material, Brand Presence, and Rights of Use
All images, texts, graphics, videos, product representations are the property of the Seller.
The Buyer receives a revocable, non-transferable license for use exclusively according to section XIII.
Editing, passing on, sublicensing, or platform use is prohibited.
XIII. Selective Distribution / Platform Ban / Brand Protection
The Buyer may exclusively distribute the products via:
- its stationary store
- its own website under its own domain
Any distribution via third-party platforms, marketplaces, price portals, social shops, dropshipping or fulfilment platforms is prohibited.
Resale to other dealers is prohibited.
The Buyer must ensure a brand-appropriate premium presence.
In the event of a violation, the Seller may:
- immediately stop deliveries
- revoke the license for image material
- terminate without notice
- demand compensation for damages
Contractual Penalty
For each culpable violation of the provisions of this section, the Buyer undertakes to pay a contractual penalty of CHF 5,000 per individual case. The assertion of further claims for damages remains unaffected by this.
XII. Trademark Rights
The Buyer acknowledges that "LABONI" as well as all product names and logos are registered trademarks of the Seller. Use outside of the contractually permitted sales representation is inadmissible.
XII. Final Provisions
The place of jurisdiction for all disputes is Zurich, Switzerland, provided that the Buyer is an entrepreneur.
Swiss law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
Amendments and additions to these GTC must be made in writing.
Should individual provisions be or become ineffective, the validity of the remaining provisions shall remain unaffected.