Terms & Conditions
Here at Labl.it we pride ourselves in having an open and honest approach to business. As such we have tried to summarise the key/main (consumer side) terms and conditions in the below summary (for full exhaustive details of each point, see the full T&C’s below this section):
– If the device develops a fault or ceases to function due to a technical/design issue, it is the responsibility of LABL.IT Solutions Ltd to provide a replacement device.
– If the device is subject to accidental damage, lost or stolen it is the responsibility of the customer to pay for a replacement device.
– LABL.IT will pay for the first attempted collection of any device upon return request. Subsequent returns from customer to LABL.IT will have to be paid for by the customer.
– Upon the end of any subscription (because of reaching the end of the subscription period or through non-payment of invoices), the LABL.IT hardware needs to be returned into the possession of LABL.IT solutions Ltd. If the hardware is not returned then the customer is liable for the cost of the device, outstanding monthly/annual fees (for the duration the hardware has been supplied) plus a device recovery fee.
Terms & Conditions (FULL)
Last Updated: 25 January 2024
Please read all these terms and conditions before you place an order or sign up to the Labl.it service. By doing so, you hereby consent and agree to all terms and conditions stated hereunder.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to ensure that you agree with all of the below stated terms and conditions of sale. If you are not sure about anything, contact us on 0800 047 2320.
Application
These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are Labl.it solutions Ltd whose trading name is Labl.it a company registered in England and Wales under number 13041464 whose registered office is at Tagus House, 9 Ocean Way, Southampton, Hampshire, United Kingdom, SO14 3TJ and whose trading address is 2 Venture Road, Southampton Science Park, SO16 7NP with email address [email protected]; telephone number 0800 047 2320; (the Supplier or us or we).
These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old. In the event that we acquired data and personal information from a minor, since you did not state that you are a minor, we will not be liable under any circumstances whatsoever for any implications that may arise from such a situation.
Interpretation
Customer means an individual acting for purposes which could include their trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Services;
Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
Order means the Customer’s order for the Services from the Supplier as submitted following the step-by-step process set out on the Website;
Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
Website means our website labl.it on which the Services are advertised.
Services
The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Services which appear on the Website are subject to availability. We reserve the right to refuse sale at any time. For example, if it is identified that the customer does not have a trading entity (either Ltd company, trading sole trader enterprise or any other legal structure/entity), that the customer plans to use the device for a non-commercial kitchen application, or that it is suspected that the customer has no intention of keeping the device beyond the trial period.
We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
The pricing of services and goods on the website is subject to change at any time.
Should the pricing change during the duration we will honour the previously agreed price for the agreed term (annual or monthly plan). Following the end of the initial contract period you may switch to the newer pricing should you so wish.
We are not obliged to offer you continued/legacy pricing following the end of your initial agreement period.
Customer responsibilities
You must cooperate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Personal information and Registration
When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
We retain and use all information strictly under the Privacy Policy.
We may contact you by e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation will follow the initial trial period). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors (account management can be accessed via the subscription management platform available at – labl.it). We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after the conclusion of the trial period, but in any event not later than 30 days after the delivery of any Goods supplied under the Contract.
Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We reserve the right to refuse sale to businesses/individuals who do not meet our qualifying criteria.
By placing an order on behalf of a company or organisation, you warrant that you have the authority to bind such entity to the terms and conditions of this sale, and that you have obtained all necessary permissions to make the purchase on behalf of the business.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Customer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you.
Fees and Payment
The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a time-based rate.
Fees and charges displayed on the website exclude Value Added Tax (VAT), however, VAT will be charged upon completion of signup at the rate applicable at the time of the Order.
You must pay by submitting your credit or debit card details with your Order and the recurring subscriptions fees will begin following the end of the stated trial period (16 days following order confirmation unless otherwise agreed by supplier and the Customer in writing).
Rental Agreement – Specifics
RENTAL PERIOD (Rental element)
The Rental Period shall be as set out in the Order, unless the Contract is terminated earlier in accordance with these Conditions.
The Rental Period may be extended by mutual written agreement of both parties and the daily rate set out in the Order shall apply to any extended Rental Period.
If the Rental Period has not been extended and the Equipment is not returned to Labl.it on the return date set out in the Order (or within a reasonable time following the end of rental period), the Customer will be charged at a pro-rata rate set out in the Order until the Equipment has been returned to Labl.it, or until the hardware is paid for at a price defined at the time of occurrence.
In the event that account access is revoked due to an overdue outstanding balance, the customer is still liable for the monthly/annual payments up until the device is returned.
DELIVERY (Rental element)
Labl.it shall deliver the Equipment to the location set out in the Order or such other location as the parties may agree at any time after Labl.it notifies the Customer that the Equipment is ready for delivery.
Delivery dates quoted by Labl.it are approximate only, and the time of delivery is not of the essence. It is expressly agreed that Labl.it shall not be liable to the Customer for any delay in delivery or of the condition of the Equipment or otherwise.
TITLE (Rental element)
The Equipment shall at all times remain the property of Labl.it, and the Customer shall have no right, title or interest in or to the Equipment (save the right to possession and use of the Equipment subject to these Conditions).
The Customer shall give Labl.it immediate notice in the event the Equipment is lost, stolen or damaged as a result of the Customer’s possession or use of the Equipment or if there is a claim or, for any reason, a threat of seizure of the Equipment.
The risk of loss, theft, damage or destruction of the Equipment shall pass to the Customer on delivery of the Equipment to the Customer, or where applicable, the Customer’s appointed agent. The Equipment shall remain at the sole risk of the Customer during the Rental Period and any further term during which the Equipment is in the possession, custody or control of the Customer (“Risk Period”) until such time as the Equipment is returned to Labl.it.
TRAINING & COMPLIANCE (Rental element)
The Customer represents and acknowledges that he has requisite knowledge and experience to operate the Equipment.
Labl.it accepts no liability for food safety incidents or similar events as a result of using the Labl.it device incorrectly. It is the ultimate responsibility of the customer to ensure hygiene and food safety within any environment that Labl.it is used in.
The Labl.it device needs to be used ALONGSIDE existing appropriate food safety measures and procedures. The device and software are designed to aid in these processes however it does not replace or negate the requirement for an appropriate food safety policy.
Labl.it representatives may be called upon to provide start up operator training for the Customer, if necessary and requested by the Customer. For the avoidance of doubt, the cost of start-up operator training is not included in the Order and will be quoted separately upon request.
Any advice or guidance provided by Labl.it staff, employees, owners or directors is on a purely informal basis. We (Labl.it) do not provide formal Health and Safety food advice or policy guidance.
LIABILITY AND EQUIPMENT BREAKDOWN (Rental element)
In the event that the Equipment experiences a breakdown due to any defect in materials or workmanship, Labl.it’s liability shall be limited to the cost of repair, including without limitation to, parts and labour, to return the Equipment to full working order.
Labl.it may, at its sole discretion, extend the Rental Period at no cost to the Customer for the time required to replace or repair the Equipment. Labl.it shall not be obligated to bear the costs of Customer’s labour or standby time in connection to any breakdown, nor any costs related to the delay of Customer projects.
Labl.it’s maximum aggregate liability for breach of the Contract (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, delict (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the cost of fulfilling its obligation under above clause.
Nothing in these Conditions shall exclude or in any way limit Labl.it’s liability for:
(a) death or personal injury caused by its own negligence or the negligence of its employees, agents or subcontractors (as applicable); or
(b) fraud or fraudulent misrepresentation.
These Conditions set forth the full extent of Labl.it’s obligations and liabilities in respect of the Equipment and its hiring to the Customer. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on Labl.it except as specifically stated in these Conditions. Any condition, warranty or other term concerning the Equipment which might otherwise be implied into or incorporated within the Contract, whether by statute, common law or otherwise, is expressly excluded.
Labl.it shall not be liable to the Customer for any:
(a) loss of profit;
(b) loss of revenue;
(c) loss of business;
(d) indirect or consequential loss or damage,
In each case, however caused, even if foreseeable or unforeseeable.
Labl.it shall limit its liability to the maximum degree and extent provided by relevant laws and legislation.
OBLIGATIONS OF THE CUSTOMER DURING THE RENTAL PERIOD (Rental element)
The Customer shall during the term of the Contract:
(a) at its expense and at all times during the Rental Period, keep and maintain the Equipment in good and substantial repair, condition and appearance in order to keep it in as good an operating condition as it was on the commencement date of the Contract (fair wear and tear only accepted);
(b) use all Equipment only for the purposes for which it was designed and operate in a careful, prudent manner and in accordance with the instructions for use;
(c) comply with all laws, regulations, rules or ordinances of lawfully constituted authorities relating to the possession, use, storage and transport of the Equipment;
(d) maintain effective control of the Equipment and keep the Equipment in a secure and suitable environment when not in use;
(e) ensure that the Equipment is operated only by suitably competent persons, duly instructed on its safe operation in accordance with manufacturer’s operating manuals, instructions and safety warnings;
(f) obtain any required licences or other authorisations necessary for the use, registration or handling of a specific piece of equipment or technology, and ensure that it complies fully with all relevant legal requirements. Labl.it reserves the right to request proof of any such authorisations prior to the commencement of the Rental Period;
(g) (where applicable) obtain any required licences or other authorisations necessary for export, re-export and the return of the Equipment;
(h) ensure that no unauthorised transfers or diversions of the Equipment occurs;
(i) if the Equipment is being transferred to countries where any regulatory authority requires details of the intended use of the Equipment, the Customer shall upon request, provide Labl.it with an “End User Statement”;
(j) where applicable, not allow the Equipment to be transferred to countries prohibited by the Department of Trade or the U.S Bureau of Foreign Commerce;
(k) not remove, alter, disfigure or cover up any numbering, lettering or insignia displayed upon the Equipment or any warnings or documentation thereon;
(l) not copy or reproduce in any way or manner the Equipment or any part or component of the Equipment;
(m) not perform, or allow any person to perform, any work in or upon or make modifications, changes, alterations or repairs to the Equipment other than routine daily maintenance;
(n) allow Labl.it or its representatives to inspect the Equipment at all reasonable times and for such purpose to enter upon the site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspections;
(o) keep the Equipment free from any liens, claims, charges and encumbrances during the Rental Period;
(p) keep Labl.it fully informed of all material matters relating to the Equipment;
(q) return (deliver) the Equipment at the end of the Rental Period or on earlier termination of the Contract at such address as Labl.it requires, or if necessary, allow Labl.it or its representatives access to the site or any premises where the Equipment is located for the purpose of removing the Equipment. The Customer shall pack the Equipment utilising the standard packaging materials, where applicable.
DAMAGE AND REPLACEMENT DEVICES (Rental element)
The responsibility for maintaining the hardware during the rental period falls on the customer. This includes, but is not exclusive to; cleaning the device, keeping the device in an environment fit for storage and use, keeping the device charged and, in an area, where it will not be subject to damage.
Should the device become faulty/unusable due to any fault caused by the Customer due to any of the below reasons (non-exhaustive list) the repair or replacement of the device will be charged by Labl.it to the Customer;
- Accidental damage
- Opening/attempted repair of the internals of the device
- Cracked or broken screen
- Contaminated internal label sensor
- General loss or theft of device
- Storage in non-appropriate environment
- Battery depletion/degradation (due to use with incorrect charger)
Should the device become faulty due to an error not on the Customer’s part, and within the control of Labl.it then Labl.it will be responsible for providing a replacement device or repair.
LABEL USE (Rental element)
As stated on the website, only Labl.it supplied labels should be used within the device. If 3rd party labels are used within the device, then this will likely result in permanent damage to the internal printer. In this instance Labl.it will not provide a repair or replacement device as this is interpreted as hardware mis-use. Hence, the Customer hereby agrees and acknowledges that Labl.it cannot be held responsible if a label is printed incorrectly. The Customer hereby further concurs and understands that the Customer shall be exclusively responsible for educating and informing the Customer’s employees, staff, partners, affiliates and any other individuals or legal entities associated with the Customer, who may use the device/Equipment, that the device/Equipment does not warrant nor guarantee total food safety. Labl.it waives its liability if someone associated with the Customer obtains an allergy or any other health deficiency or issue if they consume an item from the device/Equipment.
Labl.it shall not be held liable or accountable for any illegal, unlawful or unethical activities conducted by the Customer with regards to the device/Equipment. Thus, the Customer shall be solely responsible and shall hold Labl.it harmless for any third-party claims against Labl.it that arise as a result of an action made by the Customer.
INDEMNITY (Rental element)
The Customer agrees to indemnify and hold Labl.it and its directors, officers, employees and agents, harmless from and against all liability and expenses (including legal costs on a full indemnity basis) howsoever arising or incurred, in respect of:
(a) loss of or damage to property of the Customer whether owned, leased or hired, arising from, relating to or in connection with the performance or non-performance of the Contract; or
(b) injury to, or death of any person employed or engaged by the Customer arising from, relating to or in connection with the performance or non-performance of the Contract.
ADDITIONAL CHARGES (Rental element)
In addition to the Rental Payment(s) specified in the Order, Labl.it has in the relevant circumstances the right to apply additional charges:
- For loss of or damage to the Equipment as a result of any failure by the Customer to comply with these Conditions;
- If the Equipment is damaged and it can be repaired, for loss of rental income during the period the Equipment is being repaired, provided such additional charges shall cease when the Equipment is returned to full working order;
- If the Equipment is damaged and cannot be repaired (i.e., it is written off) or the Equipment is lost or stolen, for loss of rental income during the period from the date the Equipment is damaged, lost or stolen to the date Labl.it receives an amount equal to full replacement value of the Equipment.
Upon termination of the rental agreement (voluntary or involuntary) the device and accessories are required to be returned to Labl.it Solutions Ltd. Labl.it solutions Ltd reserves the right to charge for damaged or missing equipment and for any additional collections if the initial collection is missed. The fees for missing/non returned equipment are as below:
- Charging cable £5 (excl. VAT)
- USB Plug adapter £3 (excl. VAT)
- Labl.it branded black box £3 (excl. VAT)
- Handheld printer hardware £249 (excl VAT)
- Charging Cradle £29 (excl. VAT)
- Additional arranged collection £5 (excl. VAT)
TERMINATION (Rental element)
Without affecting any other right or remedy available to it, Labl.it may terminate the Contract with immediate effect by giving written notice to the Customer if:
(a) the Customer fails to pay any amount due under the Contract on the due date for payment and remains in default not less than five (5) Business Days after being notified to make such payment;
(b) the Customer commits a material breach of any other term of the Contract and either such breach cannot be remedied or (if such breach can be remedied) fails to remedy that breach within a period of five (5) Business Days after being notified to do so;
(c) the Customer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
(d) the Customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;
(e) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Customer (being a company);
(f) an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the Customer (being a company);
(g) the holder of a qualifying floating charge over the assets of the Customer (being a company) has become entitled to appoint or has appointed an administrative receiver; or
(h) the Customer suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business; or
(i) any event analogous to (c) to (g) inclusive, occurs in relation to any other legal jurisdiction.
CONSEQUENCES OF TERMINATION (Rental element)
Upon termination of the Contract, however, caused:
(a) Labl.it’s consent to the Customer’s possession of the Equipment shall terminate and Labl.it may, by its authorised representatives, without notice and at the Customer’s expense, retake possession of the Equipment and for this purpose may enter the site or any premises at which the Equipment is located; and
(b) the Customer shall pay to Labl.it on demand:
(i) all Rental Payments and other sums due but unpaid at the date of such demand together with any interest accrued.
(ii) any costs and expenses incurred by Labl.it in recovering the Equipment and/or in collecting any sums due under the Contract (including any storage, insurance, repair, transport, legal and remarketing costs).
Upon termination of the Contract pursuant to any repudiation of the Contract by the Customer which is accepted by Labl.it, without prejudice to any other rights or remedies of Labl.it, the Customer shall pay to Labl.it on demand a sum equal to the whole of the Rental Payments that would (but for the termination) have been payable if the Contract had continued from the date of such demand to the end of the Rental Period.
Termination or expiry of the Contract shall not affect any rights, remedies or obligations of Labl.it that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
Delivery (Stationary Goods & Rental)
We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
- in the case of Services, within a reasonable time; and
- in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Use of Customer Logo/Branding
The Customer shall grant Labl.it and its Affiliates permission to use the Company’s name and logo in its or its Affiliate’s marketing materials and bid documentation in relation to potential transactions.
Risk and Title (Stationary – Labels)
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice, to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and Cancellation (Stationary – Labels)
You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below.
Right to Cancel
Subject as stated in these Terms and Conditions, you can cancel any Labl.it contract within 14 days of signup without giving any reason and without liability to Labl.it.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires access to the Labl.it system. Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g., a letter sent by post or email). In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website labl.it. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g., by email) without delay.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Commencement of Services in the cancellation period
We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.
Effects of cancellation in the cancellation period
Timing of Reimbursement (Stationary – Labels)
If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Goods supplied, or
- (If earlier) 14 days after the day you provide evidence that you have sent back the Goods.
If we have offered to collect the Goods or if no Goods were supplied or to be supplied (i.e., it is a contract for the supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
We will make the 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 the reimbursement.
Returning Goods
If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 2 Venture Road, Southampton Science Park, SO16 7NP without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
For cancellations made in good time Labl.it can at its own discretion arrange for collection however this decision will be made on a case-by-case basis.
For the purposes of these Cancellation Rights, these words have the following meanings:
- Distance contract means a contract concluded between a trader and a customer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the Customer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- A sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to the Customer and the Customer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity and Guarantee
We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
It is not a failure to conform if the failure has its origin in your materials.
We will supply the Services with reasonable skill and care.
We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee supplied with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
We will provide the following after-sales service: The supplier will help with technical support, ongoing set up support and label supply.
In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualifies it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, Termination and Suspension
The Contract continues for the duration stated upon signup and agreed in the initial contract.
Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
- commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
- is subject to any step towards its bankruptcy or liquidation.
On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our Subcontractors
Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any subcontractors who it chooses to help perform its duties.
Circumstances Beyond the Control of Either Party
In the event of any failure by a party because of something beyond its reasonable control:
the party will advise the other party as soon as reasonably practicable; and
the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel).
Privacy
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://labl.it/privacy-policy/) and cookies policy ().
For the purposes of these Terms and Conditions:
‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
‘GDPR’ means the UK General Data Protection Regulation.
‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- We will only Process Personal Data for the purposes identified;
- We will respect your rights in relation to your Personal Data; and
- We will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can email: [email protected].
Excluding Liability
The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g., loss of profit) to your business, trade, craft or profession which would not be suffered by the Customer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing Law, Jurisdiction and Complaints
The Contract (including any non-contractual matters) is governed by the laws of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs the Customer should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.