GTC

Terms and Conditions (B2C) – End Consumers

1. Scope / Definitions

1.1 These Terms and Conditions (“Terms”) apply, in the version valid at the time of the order, to all contracts between Volentis GmbH, Grossackerstrasse 75, 8041 Zurich, Switzerland (hereinafter the “Provider”) and end consumers for purchases via the Provider’s online shop, as well as orders placed by e-mail/telephone to the extent they constitute distance selling.

1.2 “End consumer” means any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.3 Any deviating terms and conditions of the end consumer shall not become part of the contract unless the Provider expressly agrees to their validity in text form (e.g., e-mail).

1.4 If time limits are stated in business days, this shall mean all weekdays excluding Saturdays, Sundays and public holidays at the Provider’s registered seat.

2. Formation of Contract / Contract Language / Storage

2.1 The presentation of goods in the online shop, catalogues or price lists does not constitute a binding offer, but an invitation to the end consumer to submit an offer.

2.2 The end consumer submits a binding offer by completing the order process in the online shop (order button) or by placing an order via e-mail/telephone/other means of distance communication.

2.3 The Provider may accept the offer within two (2) weeks by:

• sending an order confirmation (text form, e.g., e-mail is sufficient), or

• dispatching the goods, or

• requesting payment.

2.4 The contract text is stored by the Provider and will be made available to the end consumer in text form (e.g., e-mail) after conclusion of the contract, where technically предусмотрено.

2.5 Input errors can be corrected before submitting the order during the checkout process.

2.6 Contract languages are German and English. The German version shall prevail unless mandatory consumer protection laws require otherwise.

2.7 Contract processing is generally carried out by e-mail. The end consumer must ensure that the e-mail address provided is correct and that e-mails can be received (e.g., spam filter settings).

3. Right of Withdrawal & Withdrawal Form

End consumers have a right of withdrawal in accordance with the provisions below. The right of withdrawal does not apply in particular to contracts for goods that are made to the consumer’s specifications or clearly personalised (personalised/customised products; see clause 3.3). Further statutory exceptions remain unaffected.

3.1 Withdrawal Information

Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.

The withdrawal period will expire fourteen (14) days from the day on which you or a third party indicated by you (other than the carrier) acquires physical possession of the last item.

To exercise the 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 an unequivocal statement (e.g., by e-mail or letter). You may use the model withdrawal form below, but it is not obligatory.

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.

Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (except for the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than fourteen (14) 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 (14) 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 (14) days has expired.

Returns (goods) must 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 cost 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 return guidance (not a condition for withdrawal):

1. Please avoid damage and contamination. If possible, return the goods in the original packaging with all accessories and packaging components and use protective outer packaging if necessary.

2. Please do not send returns “carriage forward”/unpaid.

— End of Withdrawal Information —

3.2 Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To:
Volentis GmbH
Grossackerstrasse 75
8041 Zurich
Switzerland
E-mail: info@laboni.design

I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ():

Ordered on () ____________ / received on () __________________

Name of consumer(s): _______________________________________

Address of consumer(s): _____________________________________

Signature of consumer(s) (only if this form is notified on paper): ______________________

Date: ______________________

(*) Delete as appropriate.

3.3 Exclusion of the Right of Withdrawal for Personalised Goods

There is no right of withdrawal for goods that are made to the consumer’s specifications or clearly personalised/customised (personalised/individualised products). Once production/customisation has started, withdrawal is excluded to the extent permitted by law.

4. Non-binding Return Recommendations

4.1 Please avoid damage and contamination. If possible, return the goods in the original packaging with all accessories and packaging components. Use protective outer packaging if necessary.

4.2 Please do not return goods “carriage forward”/unpaid. These recommendations are not a condition for the effective exercise of the right of withdrawal.

5. Prices, Shipping Costs, Customs / Import Duties

5.1 The prices valid at the time of the order apply. All prices are final prices including the applicable VAT, where shown in the shop.

5.2 Additional packaging and shipping costs and, where applicable, import duties (e.g., customs, import VAT, clearance fees) may apply. The end consumer bears such costs where they are shown during checkout and/or legally payable by the recipient.

5.3 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 expressly stated otherwise during checkout and to the extent legally permissible—are borne by the end consumer.

5.4 Unless otherwise stated, delivery is made Delivered Duty Unpaid (DDU) / duties unpaid. Shipping cost information is available in the shop under “Payment & Shipping” and is displayed during checkout.

5.5 Obvious errors (e.g., typographical, calculation or pricing errors) remain reserved. In such cases, the Provider is entitled to contest/decline the order; any payments already made will be refunded without undue delay.

6. Payment Terms / Payment Methods

6.1 The end consumer may use the payment methods offered in the shop (e.g., prepayment/bank transfer, PayPal, and possibly others). The payment methods actually available are shown during checkout.

6.2 In the case of prepayment, the goods will be dispatched after receipt of payment. Bank details will be communicated in the order confirmation.

6.3 If external payment service providers are used (e.g., PayPal/Klarna), their additional terms and conditions apply.

7. Delivery, Dispatch, Transfer of Risk, Acceptance Default, Self-supply, Force Majeure

7.1 Delivery is made to the delivery address specified by the end consumer. Dispatch may—depending on availability and logistical requirements—take place from Germany (EU logistics warehouse/fulfilment service provider). The Provider remains the contractual partner of the end consumer in all cases.

7.2 The place of dispatch has no effect on:
(a) the applicability of these Terms,
(b) the transfer of risk under clause 7.3 (for consumers only upon handover), and
(c) the retention of title under clause 8.

7.3 Transfer of risk: The Provider bears the risk of loss or damage during transport until the goods are handed over to the end consumer.

7.4 Default of acceptance: If the end consumer fails to accept delivery or delivery is not possible for reasons attributable to the end consumer, the end consumer bears the reasonable additional costs incurred (e.g., storage, return transport, re-delivery).

7.5 Freight forwarding / bulky goods / scheduled delivery: For goods shipped by freight forwarder, delivery takes place by appointment. The end consumer must ensure acceptance. In case of non-acceptance, clause 7.4 applies.

7.6 Self-supply reservation: The Provider reserves the right to withdraw from the contract if, despite a proper covering transaction, it is not supplied for reasons not attributable to the Provider. In such case, payments already made will be refunded without undue delay.

7.7 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 to the extent permitted by law.

7.8 Delivery delay / withdrawal: If the Provider does not deliver within thirty (30) days after the order is placed, the end consumer is entitled to withdraw from the contract.

7.9 Collection is not possible for logistical reasons unless expressly agreed otherwise.

8. Retention of Title

The delivered goods remain the property of the Provider until full payment of all claims arising from the respective contract has been received.

9. Warranty / Defects

9.1 In case of defects, the statutory warranty rights apply.

9.2 Obvious transport damage or material/manufacturing defects should, if possible, be reported in writing to the Provider or the delivering carrier without undue delay. This does not affect statutory rights but facilitates processing.

9.3 Product images and descriptions in the shop/catalogue are non-binding. Minor deviations in shape, colour and size are possible and do not constitute defects, provided they are reasonable for the end consumer.

9.4 No warranty applies in the case of wear and tear, ordinary consumption or damage caused by improper handling (e.g., destruction by a dog), insofar as the damage is not attributable to a defect already present at the time of handover.

9.5 If a complaint proves to be unfounded and the goods are free of defects, the Provider may charge necessary inspection/shipping costs only to the extent legally permissible and only after prior notice. The end consumer may prove lower costs; the Provider may prove higher costs.

10. Liability

10.1 The Provider is liable without limitation in cases of intent and gross negligence and in cases of injury to life, body or health.

10.2 Liability under mandatory statutory provisions (e.g., product liability) remains unaffected.

10.3 In cases of slight negligence involving a breach of essential contractual obligations, liability is limited to the foreseeable damage typical for this type of contract. Essential contractual obligations are those whose fulfilment makes proper performance of the contract possible and on whose compliance the end consumer may regularly rely.

10.4 Otherwise, liability is excluded to the extent permitted by law.

11. Promotional Vouchers

11.1 Promotional vouchers issued free of charge and not purchased (“Promotional Vouchers”) can only be redeemed in the online shop and only during the specified period.

11.2 Certain products may be excluded from voucher promotions if this results from the voucher.

11.3 Promotional vouchers can only be redeemed before completing the order process; subsequent crediting is not possible.

11.4 Only one promotional voucher can be redeemed per order.

11.5 The value of the goods must be at least equal to the value of the promotional voucher; remaining credit is not paid out.

11.6 If the voucher value is insufficient, the difference can be paid using the offered payment methods.

11.7 Voucher credit is not paid out in cash and does not bear interest.

11.8 In the event of withdrawal from a purchase paid (in whole or in part) with a promotional voucher, the promotional voucher is not refunded to the extent permitted by law.

11.9 Promotional vouchers are transferable. The Provider may discharge its obligation with effect for the Provider by rendering performance to the respective holder, provided the Provider has no knowledge of lack of entitlement.

12. Gift Vouchers (Purchased)

12.1 Gift vouchers can be redeemed exclusively in the online shop unless stated otherwise.

12.2 Gift vouchers are valid for three (3) years from the date of issue (until the end of the third calendar year).

12.3 Cash payment is excluded to the extent permitted by law.

12.4 Partial redemption is possible; remaining credit remains available until expiry.

12.5 In the event of withdrawal from the purchase of a gift voucher, reimbursement is made as voucher credit to the extent permitted by law.

13. Digital Content / Instructions / Downloads

13.1 If the Provider supplies digital content (e.g., instructions, PDFs, downloads), the end consumer receives a non-exclusive, non-transferable right of use for private purposes only.

13.2 Passing on to third parties, public making-available or reproduction beyond private use is prohibited.

13.3 If the end consumer expressly agrees that the Provider begins performance before expiry of the withdrawal period and acknowledges that the right of withdrawal is thereby lost, the right of withdrawal for digital content expires in accordance with statutory provisions.

14. Image Rights / Copyright

All copyrights in images, graphics, texts and other content of the online shop are held by the Provider or its partners. Any use without the express consent of the rights holder is prohibited.

15. Data Protection

The Provider processes personal data for contract performance, customer support and—where permitted—for marketing communications. Data is transferred to service providers (e.g., shipping and payment service providers) where necessary.

The end consumer may object to marketing at any time (post: Volentis GmbH, Grossackerstrasse 75, CH-8041 Zurich; e-mail: service@laboni.design). The privacy policy is available in the online shop.

16. Alternative Dispute Resolution / Online Dispute Resolution (EU)

The European Commission provides a platform for online dispute resolution:
https://ec.europa.eu/consumers/odr
The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

17. Governing Law / Jurisdiction

17.1 Swiss law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

17.2 For end consumers within the EU, mandatory consumer protection provisions of the country of the consumer’s habitual residence remain unaffected.

17.3 For claims brought by the Provider against end consumers, the place of jurisdiction is—where permissible—the consumer’s domicile; otherwise the statutory places of jurisdiction apply.

18. Language / Electronic Communication

18.1 Communication is conducted in German; the Provider may additionally communicate in electronic form (e-mail).

19. Severability / Amendments

19.1 If individual provisions of these Terms are or become invalid or incomplete, the validity of the remaining provisions remains unaffected. In place of the invalid provision, a valid provision shall be deemed agreed which comes closest to the economic purpose of the invalid provision.

19.2 Amendments or supplements to these Terms require text form (e.g., e-mail). Deviating terms of the end consumer shall not become part of the contract unless the Provider expressly agrees in text form. 

General Terms and Conditions of Volentis GmbH for Resellers (B2B)

I. Scope of Application

These General Terms and Conditions (GTC) apply to all contracts between

Volentis GmbH, Grossackerstrasse 75, 8041 Zurich, Switzerland (hereinafter referred to as the “Seller”)

and entrepreneurs within the meaning of the Swiss Code of Obligations (hereinafter referred to as the “Buyer”).

Deviating terms and conditions of the Buyer shall not become part of the contract.

These GTC shall also apply to all future business relationships.

II. Offers and Conclusion of Contract

All offers are non-binding.

A contract shall only come into effect upon written order confirmation, delivery, or issuance of an invoice.

Catalogues, illustrations, dimensions and price lists are non-binding.

III. Prices

Prices are net ex warehouse, plus VAT, customs duties, transport costs and other charges.

IIIa. Price Adjustments After Conclusion of Contract

If, after conclusion of the contract, demonstrable increases occur in procurement, production, transport, energy or customs costs, the Seller shall be entitled to adjust the prices accordingly.

IV. Delivery, Partial Delivery, Default of Acceptance

Delivery dates are non-binding. Partial deliveries are permitted.

In the event of default of acceptance, the Seller is entitled to store the goods at the Buyer’s expense or withdraw from the contract.

Shipment may be made either from Switzerland or from an EU logistics warehouse.
The place of shipment shall have no effect on the validity of these GTC or on the retention of title.

V. Transfer of Risk

The risk shall pass to the Buyer upon readiness for dispatch or handover to the carrier.

This shall not affect the retention of title pursuant to Section IX.

VI. Terms of Payment

First order: 100% prepayment.
Subsequent orders: net 7 days.

In case of late payment, default interest of 9% p.a. shall be charged.

The Seller shall be entitled to:

• stop further deliveries

• demand advance payment

• reclaim goods

• prohibit resale

Set-off and retention rights are excluded.

VIa. Suspension of Deliveries

The Seller is entitled to withhold all deliveries as long as outstanding claims from the business relationship exist.

VII. Inspection Obligation and Notice of Defects

The goods must be inspected carefully immediately upon receipt.

Defects must be notified in writing within 7 calendar days.

Hidden defects must be reported immediately upon discovery.

Failure to notify in due time shall result in the complete loss of all warranty claims.

Warranty claims shall become time-barred 12 months after delivery.

VIII. Liability

Liability shall be limited to intent and gross negligence.

No liability shall be accepted for loss of profit or consequential damages.

IX. Extended, Prolonged and Insolvency-Proof Retention of Title

1. The goods shall remain the property of the Seller until full payment of all claims has been made.

2. The Buyer may resell the goods in the ordinary course of business.

3. The Buyer hereby assigns to the Seller in advance all claims arising from such resale.

4. In the event of late payment, insolvency application or suspension of payments:

   • the right of resale shall cease,

   • the Seller may enter the Buyer’s business and storage premises,

   • the Seller may demand immediate return of the reserved goods.

5. Unpacked, displayed or showroom goods shall also be deemed reserved goods.

6. Processing or mixing shall be carried out on behalf of the Seller (co-ownership).

7. In the event of insolvency, the Seller shall have a right of segregation (right of separation).

IXa. Labelling and Documentation Obligation

The Buyer is obliged to clearly label the reserved goods as property of the Seller at all times and to document their storage location and stock and disclose this information upon request.

X. Right of Repossession and Access

In the event of late payment or insolvency, the Seller may repossess the goods without a court order.

XI. Exhibition, Trade Fair and POS Goods

Samples, exhibition goods and POS goods shall also be fully subject to the retention of title.

XII. Image Material, Brand Appearance and Usage Rights

All images, texts, graphics, videos and product presentations are the property of the Seller.

The Buyer receives a revocable, non-transferable license to use such material exclusively in accordance with Section XIII.

Editing, transfer, sublicensing or use on platforms is prohibited.

XIII. Selective Distribution / Platform Ban / Brand Protection

The Buyer may distribute the products exclusively via:

• its stationary retail store, and/or

• its own independently operated website under its own domain.

Any sale or offering via third-party platforms, marketplaces, price comparison portals, social shops, dropshipping or fulfillment platforms is strictly prohibited.

Resale to other dealers or resellers is prohibited.

The Buyer must ensure a brand-appropriate premium market appearance.

In case of violation, the Seller is entitled to:

• immediately stop deliveries

• withdraw the license for image material

• terminate contracts without notice

• claim damages

Contractual Penalty

For each culpable violation, the Buyer shall pay a contractual penalty of CHF 5,000 per individual case. Further claims for damages remain unaffected.

XIV. Trademark Rights

The Buyer acknowledges that “LABONI” and all product names and logos are registered trademarks of the Seller.

Any use outside the contractually permitted scope is prohibited.

XV. Final Provisions

Place of jurisdiction for all disputes shall be Zurich, Switzerland, provided the Buyer is an entrepreneur.

Swiss law shall apply exclusively, excluding 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 invalid, the validity of the remaining provisions shall remain unaffected.