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We invite you to carefully read through the general terms and conditions of use (“T&C All Users”), Privacy Policies and Cookies Policies (“Contractual Conditions”).
By registering to the Lablaco ecosystem (Web apps, Mobile apps, VR apps, Desktop Apps) and navigating throughout the Platforms (“Platforms”), you are expressly accepting these Terms & and Conditions of Lablaco (“the Contract”).
Object of the T&C All Users
The existing T&C All Users, provide you with (i) the use of the functional features of the website Lablaco.com (the “Website”), (ii) the use of mobile device applications run by Lablaco (the “App”) and, (iii) all the relevant services offered to you by Lablaco across the Platforms (the “Services”).
LABLACO HOLDING PTE. LTD.
Level 40, Ocean Financial Centre, 10
Collyer Quay, Raffles Place, Singapore 049315
Tax/Reg Number:
202004882N
(Here represented as “Lablaco” and “SPIN.FASHION”, or We)
SPIN.FASHION LIMITED
Address: 43 O'Connell Street Upper, Dublin 1,
D01 DK81, Ireland
Tax/Reg. Number: 718590
(Here represented as “SPIN.FASHION” and “Lablaco”, or “We”)
Key definitions
Applicable Law: Refers to Singapore Law
Business User - A type of account offered to companies and individuals, including profiles operating in Fashion, Art, Architecture, and Content Creation at large, allowing the users to sell, resale, rent, swap, borrow, auction Digital or Phygital On-Chain Assets of Wearables, Artefacts and Architecture via the SPIN Store on SPIN.FASHION platform.
Creators: artists, designers, celebrities, talents, influencers, blogger or users of SPIN.FAHSION that public contents, posts, opinions, images, reviews on Wearables sold via the Platforms for business purpose.
Lablaco: a solution provider company who invests, consults and develops products, technologies and companies designed to accelerate the transition to a digitized and connected circular economy.
Media: Magazines, newspapers and publications which post through the Platforms advertising contents, posts and images and photos on Wearables sold via the Platforms for business purpose.
Online and Offline Payments - Paypal and Debit/Credit Cards, Google Pay, Crypto.com Pay, WeChat pay, Apple Pay, Alipay, SPIN Pay.
On-chain Phigital assets: physical and digital assets, including and not limited to Wearables, Artefacts and Architecture, with verified and authentic origin and IP ownership traced on blockchain. The physical and digital assets can be connected via SPIN’s IoT labels, for Business and User interactions from transactions and logistics management, immersive XR experiences and end-of-life management of the assets.
Platforms: Offer a multitude of functions and services through Web, Mobile, Desktop, AR and VR apps, including the SPIN Marketplace and SPIN Connect.
Private Users: Personal individuals, customers, collectors and other users of the Platform that do not classify as Business Users.
Business Users: verified Companies and Individuals that have subscribes to SPIN Connect with bluecheck accounts to transact original on-chain Phygital Wearables, Artefacts and Architecture
Physical Assets: Assets in the physical world, which have a counterparty in the SPIN XR, being the on-chain Phygital assets.
Sellers: All companies, brands, boutiques, shops, retailers, designers and/or all other subjects or entities acting in their professional capacity or in relation to their business activity and advertising and selling Wearables via the Platforms.
SPIN.FASHION: the 3D-based phygital commerce platform, merging connected fashion, art, and culture through the use of web3 technologies, developed and owned by Lablaco. Lablaco developed the patent pending web3 commerce system which includes: Internet of Things (IoT) capabilities powered by blockchain through NFC chips, 3D immersive experiences with native Augmented Reality (AR) and Virtual Reality (VR) experiences to facilitate next-generation CRM management, engagement, and product transactions.
SPIN Avatars: 1:1 digital twins of physical humans, made to move and interact with SPIN XR spaces and other users with real-time spatial audio.
SPIN Labels: RFID based labels with UHF and NFC capabilities for Business Users logistics management of assets and Private Users interaction via smartphones for traceability and immersive XR experiences and services.
SPIN Inbox: Communication between users on the Platform.
SPIN Hubs: Business Users channels for Customer Relations Management (CRM) and Community Engagement Management (CEM) .
SPIN Store: A contract executed between the Business User and a Private User via SPIN Store on the transfer of Digital or Phygital On-Chain Assets of, wearables, art or architecture.
SPIN Vault: A secured custodial wallet managed by SPIN.FASHION to receive and keep the ownership of Digital or Phygital On-Chain Assets on the platform.
SPIN XR: SPIN’s AR and VR platforms to be used on mobile phones, desktop computers, XR headsets and AR mirrors.
SPIN Memories: Content showing the Real World Assets uploaded by the owners of the Physical Assets to the Platform and shared with other users.
SPIN Metaphotos: photos and selfies taken inside VR spaces
Wearables: Refers to clothing, shoes and accessories or any ready-to-wear items and products that can be worn on the human body, that may be exchanged, sold or donated through Lablaco Platforms.
Artefacts: Design, art, and cultural objects.
Architecture: Buildings and spaces
Website: https://spin.fashion
When we make use of the words “you” and “yours” etc. we are
referring to you as a consumer or user of the Platforms who is not acting
for purposes related to any commercial, advertising, trading or
professional activity (“Private User”). Alternatively, when we make use of
the words “you” and “yours” expressly referring to Sellers or Influencers,
we are referring to Sellers or Influencers, whom are specifically
authorized to publish content or promotional communications and to offer
items on sale through SPIN.FASHION. When generally referring to “Users” or
“Users of the Lablaco Platforms”, we intend Private Users, Sellers and
Influencers. For all enquiries, you may contact Lablaco in order, through
the following email: support@Lablaco.com or support@spin.fashion.
How to use on-chain phygital Wearables
Wear it IRL: wear your garments in the physical world
Exhibit it in AR: view your garments in the digital world with SPIN, through your phone or headset
Wear in XR: wear your garments in the digital world with SPIN, through AR and VR through your phone or headset
Pass it on: re-sell, rent or swap your on-chain Phygital Wearables with the PASS ON feature from your SPIN Vault
How to use on-chain phygital Artefacts
Exhibit it IRL: showcase your and design pieces in the physical world
Exhibit it in AR: view your art and design pieces in the digital world with SPIN, through your phone or headset
Exhibit in XR: wear your and design pieces in the digital world with SPIN, through AR and VR through your phone or headset
Pass it on: re-sell, rent or swap your on-chain Phygital Artefacts with the PASS ON feature from your SPIN Vault
How to use on-chain phygital Architecture
Experience it IRL: experience your spaces in the physical world
Exhibit it in AR: experience your spaces in the digital world with SPIN, through your phone or headset
Experience in XR: experience your spaces in the digital world with SPIN, through AR and VR through your phone or headset
Pass it on: re-sell, rent or swap your on-chain Phygital Architecture with the PASS ON feature from your SPIN Vault
General Terms and Conditions for the Use of Lablaco Platforms
1.1 If you are a Private User on SPIN.FASHION, you may:
transact on-chian Phygital Wearables, Artefacts and Architecture from SPIN.FASHION’s verified Business Users or Personal Users
You can pass on your on-chian Phygital Wearables, Artefacts and Architecture to other Private Users or Business Users by using the “PASS ON” button to activate circular fashion business models from re-sell, rent, borrow, swap, lend, auction, archive your, which may be new or second hand
accept and receive one or more new or used gifts from other Private Users by using the “ACCEPT” button;
make direct payments through the use of online applications via the Platforms;
post and share content in the items SPIN Memories from the SPIN Vault;
join Creators SPIN Hubs channels from SPIN Inbox;
communicate with other Users via SPIN Inbox;
1.2 What can you do on SPIN.FASHION if you are a Seller, Creator or Media
As a Seller, you are offered a number of Services through the Platforms. In particular, you are offered the possibility to:
Advertise, offer on sale and transact and pass on phygital Wearables, Artefacts or Architecture to Private Users registered on the Platforms;
Pass on to one or more Private Users one or more phygital Wearables and Artefacts from your current or past collection, by clicking the button “PASS ON”, bearing the shipping costs (“Shipping Costs”) or charging them on the Private User who accepts to receive the donated Wearables (“Receiver”) and to bear the Shipping Costs himself;
Delegate SPIN.FASHION to collecting the Price and all other Shipping Costs for the donated or sold Wearables;
Make the necessary online payments through the applications made available by the Platforms, in relation to any Shipping Costs for the Wearables, Artefacts that you are transacting and passing on;
Have your Wearables promoted and advertised by Creators and Media;
Delegate SPIN.FASHION to pay directly the Creators or Media for their advertising services through the applications made available by the Platforms;
Delegate SPIN.FASHION to provide for the shipping and delivery of the Wearables and Artefacts to the Private User in the name and on behalf of the Seller, through the carrier (“Carrier”);
Post and share data, text, information, usernames, graphics, comments, pictures, images, messages, profiles, audio, video, items, and links (“Content/s”) on your Business Account and communicate with other Users.
As an Creator or Media, through the Platforms you are offered the possibility to:
publish contents, posts, opinions, photos, images, reviews and – if you subscribe as a Media – articles on phygital Wearables, Artefacts or Architecture transacted via the Platforms for business purpose (“Content/s”);
be paid a Promotion Fee for every SPIN Store of a phygital Wearables, Artefacts or Architecture directly concluded through your posts, offered for sale on the Platforms, between the respective Seller and a Private User.
If you subscribe to the Platforms as an Creator, SPIN.FASHION further provides you with the Services offered through the Platforms to Private Users and, in particular, with the possibility to purchase and transact and pass on phygital Wearables, Artefacts or Architecture through the Platforms for private purposes, in accordance with the provisions of these T&C All Users.
If you would like to become a Seller or Creator on SPIN.FASHION, you must access the registration area, create your own Business Account and subscribe to the Platforms, expressly accepting the SPIN.FASHION Code of Ethics as well as all the T&C Business applying exclusively to Media, Creators and Sellers.
2. Who are Lablaco and SPIN.FASHION
Lablaco is an independent entity which manages the Lablaco Platforms making it accessible to all Users. As provider of the Platforms, Lablaco and SPIN.FASHION are not parties to the contracts entered into between the Users in relation to the purchase, sale and donation of the on-chain Phygital Wearables, Artefacts and Architecture and do not bear any responsibility in relation to these contracts. Additionally, notwithstanding the provisions set forth in these T&C All Users, Lablaco and SPIN.FASHION do not act as an intermediary nor agents, franchisee or promoter in relation to any of the contracts executed between the Users.
Lablaco and SPIN.FASHION are not a shipping companies. However, through SPIN.FASHION, you can task Lablaco with the delivery of the transacted on-chain phygital Wearables and Artefacts through integrated third-party logistics carriers.
3. Who can access and subscribe to SPIN.FASHION
Subscribing on SPIN.FASHION as well as purchasing, exchanging, donating and accepting on-chain phygital Wearables, Artefacts or Architecture throughout the Platforms is permitted to Users of age only. Moreover, subscription on SPIN.FASHION is only permitted to people above the age of eighteen or to young adults (above the age of sixteen) if expressly permitted by their parent or guardian, and only in those countries where minors above the age of sixteen enjoy the capacity to validly enter into purchase, exchange, donation agreements of the same nature and value of the purchase, exchange and donation agreements of on-chain phygital Wearables, Artefacts or Architecture.
You cannot subscribe on SPIN.FASHION if you are a convicted sex offender, if Lablaco has previously disabled your account for violations of the Terms & Conditions – All or the Terms & Conditions – Business or other terms or policies that apply to your use of SPIN.FASHION, or if you are prohibited from receiving products, services, or software under applicable laws.
3.1 Potential restrictions in your country of residence
Regardless of the applicable Singapore Law, governing these T&C All Users, the aforementioned shall not exclude any mandatory law applicable in your country, and you shall therefore comply with all applicable limitations or exclusions provided for under the relevant applicable law.
If for instance, internet access, the online donation or purchase of items and services similar in nature to the Wearables or Services of Lablaco and SPIN.FASHION, or the use of digital Platforms similar to SPIN.FASHION, are for any reason restricted or denied in your country of residence, in consideration of mandatory laws applicable to the contractual relationship between you Lablaco and SPIN.FASHION, and other Users of the Platforms, we kindly invite you to refrain and interrupt the use of the Platforms.
3.2 General restrictions to the use of SPIN.FASHION
The purchase of phygital Wearables, Artefacts or Architecture on SPIN.FASHION by Private Users via the Platforms is allowed for personal purposes only, in any way related to commercial, promotional, trading or professional activity that you may perform.
In particular, the purchase, exchange, donation or acceptance of gifts through the Platforms are not permitted when they are intended and directed for the resale and marketing of such phygital Wearables, Artefacts or Architecture, in any form, modality or in any location.
3.3 Access to SPIN.FASHION and informed consent to the processing of personal data
The subscription to SPIN.FASHION requires the communication of personal data and the informed consent and approval to its processing, in accordance with the provisions of the Privacy Policy and Cookies Policies that we invite you to read carefully.
3.4 Communication Standards
The communication standards apply to all Users and to all types of content. Lablaco does aim to prevent any communication on its Platforms, be it in writing by audio or visual form, that may harm other Users in the Lablaco, SPIN.FASHION and CFS Media communities. SPIN.FASHION may re remove content, disable accounts and work with law enforcement when it believes that communication is inappropriate or that there is a genuine risk of physical harm or direct threats to safety. Lablaco regards any communication as inappropriate, which relates to or promotes illegal, exploitative, or offensive behavior, such as:
Violence and incitement
Dangerous individuals and organizations
Coordination of harm and promotion of crime
Restricted or illegal goods and services
Fraud and deception
Suicide and self-injury
Child exploitation, abuse, and nudity
Adult sexual exploitation
Bullying and harassment
Human exploitation
Privacy violation
Hate speech
Violent graphic content
Adult nudity and sexual activity
Sexual solicitation
Account integrity and authentic identity
Spam
Cybersecurity
Inauthentic behavior
Misinformation
Memorialization
Intellectual property rights of others
4. Registration to SPIN.FASHION
To access and use the services of the Platforms you must register and create your own user account (“User Account” or “Account”), providing an email address and password (“Password”), uploading your own picture and filling in the necessary information indicated on the registration page. We thus remind you that:
the information provided during the registration process must be correct and complete and in the event of any subsequent changes, must be updated.
by registering with SPIN.FASHION as a Private User, you will be authorized to use your account for personal purposes only. They must be unrelated to any commercial, advertising or trading activity;
in the event that you are interested in using the Platforms as a Seller, Creator or Media, you will need to create a Business Account.
4.1 Registration to SPIN.FASHION as a minor
We consider the protection of children’s rights an inviolable value.
If you are a minor and have reached the age of sixteen, you may register on SPIN.FASHION but will have to comply with certain provisions.
In order to register, you must:
create your own account, by providing the relevant information required;
ask your parent, guardian or tutor (“Tutor”), to fill in the “Tutor” section of the account, and expressly consent to the registration and use of the Platforms.
During the registration, your Tutor can request to:
receive a message in the event of a transaction through SPIN.FASHION, or
subject the execution of such transaction via SPIN.FASHION to its prior consent.
4.2 Parent or Guardian’s consent for a minor to access SPIN.FASHION
If you are a parent, tutor or guardian of a minor, you may consent to the use of SPIN.FASHION by the minor by filling in the information provided in the “Tutor” area of your Account.
When filling in the information you will have to declare the age of the child (who, in no circumstances, must be below sixteen years of age).
Before and after registration on the Platforms, please verify that the minor can:
make use of the content and services of the Platforms with full awareness and in absolute safety;
be fully informed and aware when giving consent to the Privacy law;
make informed choices and purchase decisions regarding the Wearables available online, taking into account any legal restrictions in your country of residence;
donate new or used Wearables owned by the minor without violating the rights of third parties;
have the means for executing a valid transaction to purchase a phygital Wearable, Artefact or Architecture.
When registering on SPIN.FASHION as a tutor, you may request to:
receive a message in the event of a purchase or gift made by a minor on SPIN.FASHION;
subject to prior consent terminate the given purchases and donations.
4.3 Confidentiality of Your Account Password
Your Account Password is strictly confidential. Remember not to disclose or communicate it to third parties. In case of unauthorized use of Your Account or if your Password has been brought to third parties’ attention, you must contact us immediately by requesting SPIN.FASHION to block your Account (“Block Account”). From the moment you receive an email confirming the blocking of your Account, the access to your account will be inhibited.
4.4 Who is responsible if Your Account is used without authorization
Notwithstanding the above, we remind you that you are and will be responsible for all purchase, posts, statements and expressions of consent and all other activity carried out through Your Account, also where the account has been accessed or used without your consent or subsequent authorization. SPIN.FASHION will be liable only in the event where your has been accessed despite the Account Block or if the access to your Accent is caused by SPIN.FASHION’s willful misconduct or gross negligence.
4.5 Account and Privacy Registration
The setup of an Account, registration and access to the Platforms require the communication of personal information and informed consent to its processing. SPIN.FASHION will process yours and other Users personal data according to the Privacy Policy and Cookies Policies. The processing of personal data must be in compliance with all the applicable mandatory laws, in relation to the treatment of personal data.
5. Free use of the Platforms for Private Users and Purchase Price
The registration and access to the Platforms does not imply any cost for the Private User.
Please note, however, that:
you may incur in some costs in using the
internet, Apps, computers or mobile devices that enable you to browse
throughout the website. This may also include the payment of fees to
internet providers or telephone services, depending on the respective
agreements and understandings you entered into;
the transaction of the phygital Wearable, Artefact and Architecture through SPIN.FASHION, foresees the payment of a purchase price ("Purchase Price”) to the Seller;
if you donate one or more items (via the “PASS ON” button) or receive them (via the “Accept” button) from another User, you may decide to task SPIN.FASHION with the delivery of the donated phygital Wearable, Artefact and Architecture, via trusted carriers, charging the Delivery Charges and Delivery Expenses to the donor User.
6. Payments on SPIN.FASHION
SPIN.FASHION enables you to make online payments of Purchase Prices, Delivery Charges and Delivery Expenses. In particular, you can make payments using the following payment methods:
Alipay
Apple Pay
Crypto.com Pay
Debit/Credit Cards
Google Pay
Paypal
WeChat Pay
We thus remind you that:
if you purchase an item through the Platforms, SPIN.FASHION will receive the Purchase Price of the sold phygital Wearable, Artefact and Architecture as well as all Delivery Charges and Delivery Expenses, as subject delegated to the collection of the Purchase Price by the Seller;
the payment of the Purchase Price, Delivery Charges and Delivery Expenses through the Platforms will release the User from its payment obligations in relation to the Seller;
in the event that you exercise your right of withdrawal within the time prescribed by the applicable law, the Seller shall refund the Purchase Price, Delivery Charges and any Delivery Expenses incurred for the returned Wearable. For more information regarding your right of withdrawal, we invite you to read the Withdrawal Instructions.
We also remind you that:
in managing the payment, SPIN.FASHION – delegated to this purpose by the Seller – will rely on a specialized third-party operator, specifically authorized to manage online payments;
your personal information, including the data of your credit or debit card, will be directly transferred to a third-party operator and will not be in any way archived or stored by SPIN.FASHION;
when entering the necessary information to finalize the purchase, you are expressly consenting to the transfer of your data for these purposes;
without prejudice to the rights and obligations of Lablaco and SPIN.FASHION, the Seller and the operators delegated to manage the online payment (“Payment Provider” and “Gateway Provider”) are required to process the information entered by you into the Platforms in accordance with the provisions contained in the Privacy Policy, as well as complying with the provisions of the EU Regulation 2016/679 (“GDPR”) and/or any other provisions of the applicable law in relation to the processing and protection of personal information and online payments, taking into account any mandatory provisions of your country of residence;
notwithstanding the above, all online payments transactions made by minors must be done through specifically certified payment methods or by means of payment whose use is expressly authorized by their parents, guardians or tutors.
7. Phygital Assets Ownership / SPIN Vault Custodial Wallet
Lablaco and SPIN.FASHION offer a custodial wallet service, under the SPIN Vault, to facilitate the secure storage, ownership and transaction management of on-chain Phygital Wearables, Artefacts, and Architecture within our digital ecosystem. This service is designed to provide users with a convenient and user-friendly means of interacting with on-chain Phygital assets without the need for direct management of private keys.
7.1 SPIN Vault’s Custodial Wallet Functionality:
The SPIN Vault enables users to store, view, and transfer on-chain Phygital assets associated with SPIN.FASHION’s products and services.
Users can access and manage their on-chain Phygital assets through the SPIN.FASHION platform, utilizing the SPIN Vault custodial wallet features for seamless interaction.
7.2 Security Measures:
Lablaco and SPIN.FASHION implement robust security measures to safeguard the assets held in SPIN Vault’s custodial wallets. This includes encryption protocols, access controls, and regular security audits via it’s ecosystem tech partners and providers.
Users are encouraged to follow recommended security practices, such as enabling two-factor authentication and adhering to account protection guidelines provided by SPIN.FASHION.
7.3 Third-Party Custodianship:
By utilizing the SPIN Vault custodial wallet service, users acknowledge and agree that Lablaco and SPIN.FASHION act as third-party custodians of the private keys associated with their on-chains.
Lablaco and SPIN.FASHION assume responsibility for the custody, safekeeping, and technical management of the private keys required for on-chain Phygital assets transactions within the custodial wallet.
7.4 SPIN Vault’s User Obligations:
Users are responsible for maintaining the security of their SPIN.FASHION account credentials, including usernames and passwords, to prevent unauthorized access to their SPIN Vault custodial wallet.
In the event of any suspected unauthorized access or security breach, users must promptly notify Lablaco and SPIN.FASHION to take appropriate measures to secure the custodial wallet and associated on-chain Phygital assets.
7.5 Limitations of Control:
Users acknowledge that, due to the custodial nature of the wallet service, Lablaco and SPIN.FASHION retain centralized control over certain aspects of wallet management, including private key access and security protocols.
Decisions related to updates, security enhancements, and SPIN Vault wallet functionalities are at the discretion of Lablaco and SPIN.FASHION.
7.6 Disclaimer:
While Lablaco and SPIN.FASHION implement industry-standard security practices, users acknowledge that the security of their SPIN Vault custodial wallet and associated on-chain Phygital assets is subject to inherent risks in the digital environment.
Lablaco and SPIN.FASHION disclaim liability for any loss or compromise
of on-chain Phygital assets resulting from factors beyond their
reasonable control, including but not limited to external cyber
threats, force majeure events, or user negligence.
8. SPIN Store
On SPIN Store, you may:
Purchase phygital Wearable, Artefact and Architecture offered on sale by Sellers and/or showcased by a Retailer, Creator or Media;
Send purchased phygital Wearable, Artefact and Architecture to other users via the “PASS ON Button” in order to donate or transact them with other Private Users;
pay the Purchase Price of the phygital Wearable, Artefact and Architecture via the Platforms.
If you are purchasing one or more phygital Wearable, Artefact and Architecture for yourself or for other Private Users via the Platforms, before entering the purchase agreement (“SPIN Store Contract”), you will receive by the Seller all necessary pre-contractual information required by law, including the details of the selected phygital Wearable, Artefact and Architecture, the identity of the Seller and the Purchase Price.
The SPIN Store Contract will be executed directly with the Seller. It is then the Seller’s responsibility to deliver the purchased item to the chosen location.
We thus remind you that:
purchasing the phygital Wearable, Artefact and Architecture as a consumer, the Private User is entitled to all statutory warranties and rights set forth by all applicable mandatory consumer law of the country in which the consumer resides;
if the SPIN Store Contract has been executed through the “PASS ON button”, the same statutory warranties and rights foreseen for the Private User also apply to the person indicated by the Private User as the receiver of the phygital Wearable, Artefact and Architecture, who will thus be able to exercise his warranties and rights against you.
If you decide to purchase an item and give it to a person whom is not registered on the Platforms; you will have to state the name and address of the recipient, and the delivery will then be carried out according to the instructions provided.
8.1 How to execute a SPIN Store contract
In order to execute a SPIN Store Contract, you will have to proceed as follows:
choose and select the phygital Wearable, Artefact and Architecture you intend to purchase;
specify the shipping address (“Shipping Address”), or “Pick Up In Store”;
provide credit / debit card details in order to execute the payment of the purchase price (“Purchase Price”) and of other related expenses (“Other Expenses”);
carefully verify the correctness of all the details and information provided and contained in the purchase summary page (“Purchase Summary Page”). Unless you state otherwise, your credit or debit card details will also be used for any subsequent payments;
press on the “PAY button” at the end of the Purchase Summary Page, thereby sending the Seller a formal purchase offer (“Purchase Offer”) for the phygital Wearable, Artefact and Architecture.
If you intend to purchase a gift for another registered Private User on SPIN.FASHION, click on the “PASS ON button”, you will have to proceed as follows:
choose and select the phygital Wearable, Artefact or Architecture you intend to purchase and then donate to another Private User;
fill in the details of the receiver of the phygital Wearable, Artefact or Architecture, in the case of a purchase through the “PASS ON button”;
specify the shipping address (“Shipping Address”);
provide credit / debit card details in order to execute the payment of the purchase price (“Purchase Price”) and of other related expenses (“Other Expenses”);
carefully verify the correctness of all the details and information provided and contained in the purchase summary page (“Purchase Summary Page”). Unless you state otherwise, your credit or debit card details will also be used for any subsequent payments;
press on the “PASS ON button” at the end of the Purchase Summary Page, thereby sending the Seller a formal purchase offer (“Purchase Offer”) for the phygital Wearable, Artefact and Architecture.
If the phygital Wearable, Artefact and Architecture is available in stock, the shipping address is clearly reachable and all other details correctly saved, you will then be able to access a (“Purchase Summary Page”), where the following details and information are summarized:
the selected phygital Wearable, Artefact and Architecture;
the Seller(s);
the Purchase Price of the selected Wearable(s);
Delivery costs and Delivery Expenses (provided they are not included in the Purchase Price) ;
the Shipping Address;
the name and identity of the Recipient of the delivery.
We invite you to carefully verify all the correctness of all details and information provided in the Purchase Summary Page in relation to your order.
8.2 Purchase Offer with payment obligation
By clicking on the “PAY button” at the end of the Purchase Summary Page, you will be sending to the Seller a purchase offer for the selected Wearable at the conditions therein indicated (“Purchase Offer”).
The display of a Wearable through SPIN.FASHION and the publication of a related sale offer implies that the Wearable is available in stock, and thus entails the possibility to execute the SPIN Store Contract with immediate acceptance of the Purchase Offer submitted by the Private User.
However, we remind you that the Seller has the right to accept or refuse such Purchase Offer, in relation to the effective availability of the Wearable and to the location of the shipping address indicated by the Private User. In light of the above, we thus remind you that:
sending a Purchase Offer implies your intention to buy with obligation to pay and give authorization for the Purchase Price, Delivery Costs and Expenses to be charged on your credit card upon acceptance of the Purchase Offer by the Seller;
the Purchase Offer(s) will be considered valid and effective for a maximum period of 10 days, within which the Seller may accept or refuse them;
the Purchase Offers regarding a number of Wearables must be treated as autonomous and independent from one another;
such Purchase Offers may be accepted or refused by the respective Sellers separately and individually from one another;
the execution of the SPIN Store may be delayed, suspended or interrupted in the event of missing or incomplete information concerning the credit/debit card details.
8.3 Acceptance of the Purchase Offer and execution of the SPIN Store Contract
All Purchase Offers are subject to the Seller’s acceptance.
it is the Seller’s responsibility to communicate his acceptance of the Purchase Offer, thereby sending to the Private User confirmation of the effective conclusion of the SPIN Store Contract as well as of the shipping of the phygital Wearable or Artefact (“Confirmation E-Mail”).
The SPIN Store Contract between the Seller and the Private User will thus be treated as entered into on the date of the Confirmation E-Mail and it will refer exclusively to those items listed in the Confirmation E-Mail.
The execution of the SPIN Store Contract is subject to the payment – through the Platforms – of the Purchase Price, the Delivery Costs and Delivery Expenses, if indicated in the Confirmation E-Mail, within 10 days from the Confirmation E-Mail.
The Confirmation E-Mail shall contain information on the purchased Wearable(s), a copy of the SPIN Store Contract between the Seller and the Private User, the information regarding the right of withdrawal and the form to exercise it, and the receipt of the purchase. It shall also precisely indicate the VAT, all applicable taxes paid for such transactions as well as any further information required by law.
The Confirmation E-Mail shall constitute proof of purchase of the phygital Wearable, Artefact or Architecture and, together with a copy of the SPIN Store Contract and of any additional contractual document relating to such transaction, shall be stored and made accessible on your Account page on SPIN.FASHION.
We suggest you to always print out a copy of the Confirmation E-Mail and save it for your own records.
Should the Seller refuse your Purchase Offer, then the SPIN Store would not be executed and would not be effective: as a consequence, no payment would be charged.
8.4 Payment
Simultaneously to the Confirmation E-Mail, you as a Private User expressly authorize Lablaco to collect the payment of the Purchase Price and, if the case may be, of the Other Expenses directly from your credit/debit card, in the name and on behalf of the Seller who delegated Lablaco to this purpose, only in the case of Seller’s acceptance of the Purchase Offer.
If the Purchase Offer is related to a number of phygital Wearable, Artefact and Architecture, only the Purchase Price and the Delivery Costs and Expenses of the Wearables for which the SPIN Store Contract has been duly executed after Seller’s acceptance via Confirmation E-Mail will be charged.
In the event that the payment of the Purchase Price and the Delivery Costs and Expenses were to fail, we will inform you via e-mail. By accessing Your Account page, you will have a second attempt to finalize the payment, if the case may be by selecting an alternative payment method. The Wearable will not be shipped unless the Seller has effectively received the Purchase Price (including Delivery Costs and Expenses). If within 10 days of having received the E-mail Confirmation, you fail to proceed with the payment, the relevant contract with the Seller shall be considered ineffective. On your Account Page you will thus find a cancellation notice of the purchase.
8.5 Errors in relation to the Purchase Price or Delivery Costs and Expenses
In the event that the Seller has entered incorrect information regarding the Purchase Price or other relevant Delivery Costs and Expenses, you will receive a correction e-mail (“Correction E-Mail”). In such case, you would be given the choice to annul or re-confirm your Purchase Offer at the correct price.
Should you not confirm your Purchase Offer within 5 days from the Correction E-Mail, then your Purchase Offer will be considered ineffective. You will find a cancellation notice on your Account page.
8.6 Delivery
The delivery will take place at the location indicated while filling in the relevant Purchase Offer.
In the event that the Wearable cannot be delivered to your country of residence, the SPIN Store will not be executed and no Purchase Price, Delivery Costs or Expenses will be charged.
The shipping confirmation e-mail (“Shipping Confirmation E-Mail”) shall contain:
general information describing the transacted phygital Wearable, Artefact and Architecture;
place and indicative date of delivery;
a tracking number that you may use to trace your order on the carrier’s website to get confirmation in relation to the expected date of delivery.
With regard to the Wearables sold through Lablaco, unless otherwise stated, the Purchase Offer will include Delivery Costs and Expenses, if the place of delivery is in one of the following countries: Italy, Germany, Spain, France and/or the UK.
8.7 Time of delivery
The Sellers registered on SPIN.FASHION undertake to ship the sold Wearables immediately after execution of the SPIN Store and deliver them, at the latest, within 15 days from the date of execution of the SPIN Store.
We remind you that, regardless of the commitments taken, the Seller is obliged to deliver the phygital Wearable and Artefact, at the latest, within 30 days from the date of the execution of the SPIN Store or on which the Confirmation E-Mail has been sent to you, or within the shortest delivery term set forth in the applicable mandatory law of your country of residence.
If the Seller fails in delivering the phygital Wearable or Artefact or does not deliver it at all, we invite you to contact us immediately, as we will try our best to make sure the phygital Wearable or Artefact is subsequently delivered, excluding, however, our responsibility for the case of non-compliance of the Seller.
8.8 Delivery to Recipient for the “PASS ON” option and possible refusal
When selecting the “PASS ON button”, the phygital Wearable or Artefact will be delivered to the Private User you chose, whom in turn may refuse the delivery of the gift. In such a case:
you will be fully charged with the Purchase Price of the Wearable and all Delivery Costs or Expenses;
you will receive a notification on Your Account confirming the recipient’s refusal to receive the Wearable;
in the event that the Wearable is refused by the Private User, the Wearable will be delivered to your personal address and you will be charged with the expenses for the return (“Return Expenses”). You therefore expressly authorize us to charge you with the Return Expenses in the name and behalf of the Seller.
If you wish, by clicking on the appropriate button on the Platforms, you may openly decide to donate the refused Wearable to charity, at your own expenses. You must provide the shipping details to the carrier who, in turn, will charge you with the related costs and expenses. The choice of the organization will be at your own discretion. Through your SPIN.FASHION Account, in case this is allowed under the applicable law, you may then verify that the phygital Wearable or Artefact has actually been delivered.
8.9 Transfer of risk
Once the phygital Wearables and Artefacts have been delivered or will be delivered to the recipient (in the event of a Purchase via the “PASS ON” button), you, or the other recipient, will acquire the material possession of the Wearables, together with all risks connected to it foreseen by the law.
Upon delivery of the phygital Wearables and Artefact, you will be required to check the conditions of the packaging, the correct number and characteristics of the phygital Wearables and Artefacts provided. Upon delivery of the phygital Wearables and Artefacts, all mandatory terms provided by law in relation to your rights and warranties against the Sellers will start.
If the phygital Wearables and Artefacts do not comply with the items described within the SPIN Store, You (or the other recipient of the item in the event of a purchase via the “PASS ON” button) shall have the right to return the item to the carrier and claim a refund for the relevant Purchase Price through a refund request.
8.10 Restrictions and special conditions relating to the purchase of more than one copy of the same phygital Wearable or Artefact.
For each Purchase Offer, and within a period of two weeks since the Purchase Offer, you will be able to further purchase a maximum of three units/pairs/samples of the same Wearable.
8.11 Your rights towards the Seller
Through the SPIN Store, you will purchase a phygital Wearable, Artefact and Architecture from the Seller. You therefore have the possibility to exercise a series of rights and warranties given to you by the mandatory consumer law applicable in your country of residence, in relation to online purchases. When you purchase a phygital Wearable, Artefact and Architecture through SPIN.FASHION, you will receive all the relevant information in relation to the Seller’s identity and in order to be able to fully enjoy the rights given to you by law. In particular, those are the rights which you may exercise against the Seller:
Right of withdrawal
If for any reason, you were not satisfied with the purchased phygital Wearable or Artefact, you may withdraw from the SPIN Store executed with the Seller and return the purchased Wearable within 14 days from the date of delivery.
Thus, we remind you that:
in order to validly exercise the right of withdrawal you shall inform the Seller about your decision within, at the latest, 14 days from the date of delivery of the phygital Wearable or Artefact. To contact the Seller directly through SPIN Inbox, you may follow the Withdrawal Instructions at the end of these T&C All Users. You may fill in and send the Withdrawal Form within 14 days at the very latest from the date of delivery. The Return Form already provided on the Platforms, which you can download from the following page SPIN.FASHION Withdrawal Form. You will then receive the confirmation of your withdrawal by the Seller, through SPIN.FASHION, together with the necessary instructions for the return of the phygital Wearable or Artefact;
alternatively, you may contact the Seller directly, stating your intention to withdraw from the SPIN Store in any form or downloading and filling in a standard withdrawal form from the following page Withdrawal Declaration-
unless the Sellers offers to collect the Wearable himself, you are required to return the Wearable yourself to the Seller within 14 days since the date on which you communicated your withdrawal; unless the Seller offers to cover for the expenses, you will directly bear the cost of returning the Wearable;
if the Wearables have been over handled and overused, more than what is normally required in order to assess the nature, features and functioning of the purchased Wearable, you may be held responsible for the loss of value of the Wearable;
subject to the return of the item as required by all applicable law, the Seller shall refund you of the Purchase Price and of all Delivery Charges or Expenses paid before.
If you intend to exercise your right of withdrawal with the help of our assistance and through the SPIN.FASHION Withdrawal Form, please follow the Withdrawal Instructions.
Right to the delivery of the phygital Wearables and Artefacts
The Seller is bound by law to deliver the phygital Wearable or Artefact without unjustified delay and at the latest within 30 days from the Confirmation E-Mail and the conclusion of the SPIN Store or, in any case, within the shortest delivery term set forth by all mandatory applicable laws of the Private User’s country of residence, notwithstanding all extra time foreseen by law.
Notwithstanding the above, the Sellers registered on Lablaco are under a contractual obligation, to deliver the phygital Wearables and Artefacts no later than 15 days from the date of execution of the SPIN Store.
Legal guarantee of compliance
Each Seller shall offer a legal guarantee of compliance for a minimum period of two years, from the date of delivery of the sold phygital Wearable or Artefact.
Should the Private User not notify the Seller of the lack of conformity of the purchased phygital Wearable or Artefact within a period of two months since the discovery of the non-conformity, then the Private User’s right to a legal guarantee of conformity shall lapse.
Claims for defects unintentionally withheld by the Seller shall in any
event be subject to a limitation period of 26 months upon the delivery of
the Wearable.
9. SPIN Vault Features
Through SPIN Vault you can donate a phygital Wearable, Artefact and Architecture using the “PASS ON Button”, which you fully own to:
A Private User on SPIN.FASHION whom you have expressly identified;
A Private User on SPIN.FASHION who belongs to a group of Private Users or other contacts whom you have previously chosen and selected through Lablaco (i.e.: on a geographical basis);
Any Private User on SPIN.FASHION who decides to accept your donation.
We kindly remind you that you have the possibility to donate one Wearable every 24 hours.
9.1 Legal restrictions
We further remind you that based on the laws of the country where you have your legal seat:
The possibility to donate (and thus execute valid donation agreements) clothes, shoes, fashion accessories, other wearable items, paintings, sculptures, design objects and other artefacts, or architecture, might be restricted, prohibited, or subject to particular obligations;
The donation of the above mentioned items through digital Platforms could be prohibited, ineffective, void or limited in relation to, for example, the age of the contractual parties, the nature, object and value of the items.
9.2 SPIN Contract
Anytime you decide to donate (through the “PASSN ON button”) one or more phygital Wearable, Artefact and Architecture through SPIN.FASHION:
you are executing a donation contract (“Gift Contract”), to which you and the Receiver are party;
for the Gift Contract to be fully effective, the Receiver will need to expressly declare his intention to accept the donated phygital Wearable, Artefact and Architecture, by clicking the “Accept button” (or “GET button”).
9.3 Delivery of the donated phygital Wearable or Artefact by the Parties
Using SPIN.FASHION, you and the Receiver have the possibility to decide upon the terms and timing of the delivery of the donated Wearable. In such a case, the delivery of the phygital Wearable or Artefact shall happen under your exclusive control and sole responsibility, without any direct nor indirect liability of Lablaco and SPIN.FASHION arising out of it.
9.4 Delivery of the donated Wearable with SPIN.FASHION
On the other hand, you and the Receiver might opt for the alternative, by clicking the “GET button” on the Platforms, thus concluding with SPIN.FASHION a contract (“Delivery Contract”), in the framework of which Lablaco will provide for the delivery of the donated Wearable through known logistic specialists and carriers, charging you with the related expenses and costs (“Delivery Costs”).
9.5 Gift Offer
By selecting the “PASS ON button”, you will send a message (“Gift Offer”) to the potential Receiver(s) of the gift, asking them to accept the donated item in order for them to receive it as a gift at the Delivery Address indicated in the Gift Offer.
The Gift Offer will remain public and visible to the Receiver(s) for a period of 5 days.
9.6 Gift Acceptance
Each Receiver of the Gift Proposal – and therefore you as well, should you receive any Gift Offer - may decide whether to accept the Gift Proposal within 5 days from the date of its publication, by pressing the “Accept” button.
Whenever you receive a Gift Proposal, we remind you to do the following before accepting:
carefully verify the images and description of the Gift;
carefully verify the identity of the proposing Private User and the proposed place of delivery.
By selecting the “Accept button”, you will consent to:
receive as a gift the Wearable specified in the Gift Offer;
execute the Gift Contract with the offeror;
if provided in the Gift Offer, arrange for the collection of the Wearable at the specified delivery address.
We remind you, that if the Gift Offer is sent to the number of Private Users of the Platforms, the first Private User who expressed his or her acceptance will have the right to receive the Wearable as a gift.
9.7 Payment of Delivery Costs
If SPIN.FASHION or Lablaco has been tasked with the delivery the donated Wearable specified in the Gift Proposal, we will be authorized to withdraw the amount of Delivery Costs and Expenses form your credit or debit card, while contextually sending the Confirmation E-Mail.
9.8 Your obligations if you decide to donate an item through SPIN.FASHION
We remind you that on SPIN.FASHION you undertake to:
donate only phygital Wearables, Artefacts and Architecture which are in good condition, clean, not infected by any harmful or stinging agents, and without failure which would make them unsuitable for their intended use;
donate phygital Wearables, Artefacts and Architecture which fit and comply with the description and related picture posted along with the donation notice;
Donate phygital Wearables, Artefacts and Architecture of which you are full and exclusive owner and which are in your full and exclusive possession, excluding any third party claims;
Before donating through SPIN.FASHION, verify and make sure that, by offering and donating the Wearable through the Platforms, you will not infringe upon any third party’s rights, in particular IP rights, property rights or economic exploitation rights.
If you are a minor, always seek the consent of your parent, guardian or registered tutor via your SPIN.FASHION Account, before donating items through SPIN.FASHION.
We remind you that SPIN.FASHION or LAblaco are never party to the Gift
Contract executed between you and the Receiver / Private User. In light of
this, you undertake to indemnify and hold harmless SPIN.FASHION and
Lablaco, its directors, employees, consultants and related parties from
any damage, claim or liability that the Receiver / Private User might
raise, as a direct or indirect consequence of the donation received
through SPIN.FASHION and Lablaco.
10. Restrictions in relation to unrequested Gifts
The right to privacy is an inviolable right. All SPIN.FASHION Users are expected to refrain from donating unwanted gifts that might infringe upon the right to privacy of others.
If you are a Private User on SPIN.FASHION and receive one or more items as a gift via SPIN.FASHION, you will always have the option to accept or decline the gift.
If you receive unwanted Gift Offers, you may enter a flag on Your Account to reject any new Gift Offer or any notification from the same User. Generally, you may at any time report on your Account the names of Users from whom you do not wish to receive any gifts.
If, despite the above, you should continue to receive unwanted Gifts,
please notify us via the notification of unwanted gifts service. If we
believe all conditions are met, we will do everything in our power to
limit or prevent the unauthorized use of SPIN.FASHION.
11. Links to other websites
Your access to other online social media websites or networks may be facilitated by the Platforms. These websites, networks or pages have not been necessarily verified by SPIN.FASHION and Lablaco and are managed by third parties over which SPIN.FASHION and Lablaco exercises no control.
SPIN.FASHION and Lablaco bear no responsibility in relation to the quality of the products and services available through or advertised on such third parties’ websites. In addition, the presence of hyperlinks or any redirection towards third parties’ websites does not imply any approval of such website, or of the products, content or services therein offered.
Managers or owners of third party websites will, if the case may be, be
liable for any illegal, incorrect or incomplete content, as well as for
any damages resulting from the use of such content and/or from browsing
through third party websites, of which each User shall read the specific
terms and condition of use. This is without prejudice to the following
provisions of these T&C All Users.
12. Lablaco and SPIN.FASHION’s roles and responsibilities in relation to Wearables purchased, donated, or exchanged using the Platforms
SPIN.FASHION and Lablaco bear no responsibility or obligation in relation
to the correct execution of contractual or pre-contractual obligations
arising from the SPIN Stores and Gift Contracts entered into by and
between the Users of the Platforms. In light of defects, non-conformities
or lack of quality of the purchased Wearables you can contact us through
the SPIN Inbox. If possible, we will help you solve the situation,
offering you all the reasonable support.
13. Evaluation of the Wearable’s quality and experience on SPIN.FASHION
Your feedback is important to us. After the delivery of a Wearable
purchased through SPIN.FASHION or received as a gift through SPIN.FASHION,
we will invite you to evaluate the quality of the Wearable and the
SPIN.FASHION experience. Please note that you may not make a new purchase
or donation through SPIN.FASHION until you have evaluated the previous
purchase or donation.
14. Rights and obligations in relation to the access and use of the Platforms, the Services, their content and Lablaco and SPIN.FASHION’s trademarks
When accessing and using SPIN.FASHION, you are required to comply with the provisions of these T&C All Users, with the Applicable Law and all mandatory laws of your country of residence, applicable in relation to your access and/or use of the Platforms and/or the Lablaco Services. If you access and use the Lablaco Platforms as a Seller, Creator or Media, beside the provisions of these T&C All Users (with the exception of those provisions that apply exclusively to Private Users) and all other relevant provisions, you are bound by the provisions of the T&C Business. All contents and services of the Platforms are of Lablaco’s and its licensees exclusive property.
14.1 License for the use of the Platforms by Private Users
If you are a Private User and comply with the T&C All Users and/or all applicable laws, Lablaco grants you a personal, revocable, limited, non-exclusive, non-transferable license to: (i) access the Platforms; (ii) download and use the Applications (“License”) and make any purchases or donations authorized via SPIN.FASHION. The License may only be used for personal purposes, i.e. for purposes unrelated to any commercial, advertising, business or professional activity, notwithstanding the provisions of the T&C All Users.
14.2 Non-authorized use on the Platforms
You will not be allowed to modify, translate, revert, create derivative works of, distribute, decompose, transmit, post, publish, remove or alter any proprietary notices or labels, license, sublicense, assign, sell, perform, formulate, exploit, rent, lease, private-label, grant any warranty with regard to the use of or economically exploit the Platforms, or any portion thereof (including any pages, text, images, descriptions, audiovisual content, and any works that may be duplicated thereon). The License remains valid for the entire period in which the User will be registered to SPIN.FASHION.
14.3 Intellectual Property
All registered trademarks, related services registered names, domain names and other features of the SPIN.FASHION and Lablaco brands or other labels displayed on the Lablaco Platforms (“Trademarks”) are of Lablaco’s or its licensors exclusive property. You are not authorized to use the trademarks for any personal or commercial use.
If you use content covered by intellectual property rights that we have and make available on the Platform (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, translate, create derivative works of, decompile, or reverse engineer our products or their components, or otherwise attempt to extract source code from us, unless an exception or limitation applies under applicable law.
15. Obligations, prohibitions and rights relating to the Content posted on Your Account
Following the registration of Your Account on the Platforms, you will have the opportunity to post, upload, transmit or otherwise make content accessible to other Users on the Platforms Tab (“post”), including text, comments, messages, images and photos (“Content(s)”).
15.1 Do not infringe upon third parties’ rights
The content must never infringe upon the rights of others. In particular, it is expressly prohibited to post, share or upload content on SPIN.FASHION, that in any way or form may : a) be detrimental to the privacy and right to privacy of others; b) be an encouragement to carry out irresponsible, antisocial, illegal acts, or acts contrary to public order or morality; c) be defamatory, discriminatory, offensive, obscene, harmful to religious sentiment; d) prove harmful and/or discriminatory with respect to sex, sexual orientation, age, disability, illness, religious faith or other; e) contain indecent, pornographic images or comments that violate the common sense of modesty; f) amount to hidden, or deceptive forms of advertising or include (even in disguised form) unsolicited and/or unwanted information of commercial communications; g) in any way violate provisions in force regarding advertising law; i) be prejudicial to SPIN.FASHION or Lablaco, the Platforms, the Sellers or other Users; m) deliberately report false or untrue information.
By posting any Content, you represent and warrant that you have all necessary rights, titles and license on such Content, freely disposing of it, and expressly guaranteeing, also for the behavior of a third party, that the publication, disclosure, use, and economic exploitation of such Content on the Platforms or elsewhere does not violate or nor will it violate the rights of others (including right to image, rights to privacy, rights of publicity and/or economic use, copyrights and other intellectual property rights).
15.2 Reporting third parties’ violation
Notify us via the SPIN Inbox when you believe that Content posted by any other User may, even potentially, infringe upon Your rights, the rights of another User or those of any person or entity, or may be contrary to any of the provisions above of these T&C All Users, or to any applicable law or regulation in force in Your country of residence. In handling your notice, we will protect your identity, within the limits of all applicable law and in full respect for the rights of User you indicated.
15.3 Licensing rights on the Content
By providing, sharing or posting Content on SPIN.FAHSION, you are giving SPIN.FASHION and Lablaco a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, copy, modify, alter, publicly display, post, send, transmit, distribute, assign, or otherwise use the Content (“Content License”), so that SPIN.FASHION and Lablaco, its affiliates, subsidiaries, or related parties shall be entitled to use or transfer such Content (including any rights of economic exploitation), also against the payment of a consideration, for any purpose, including promotional and advertising purposes, to any presently known or future media, without this foreseeing any compensation, prize or indemnity of any amount and nature for You. In light of this, you expressly waive any form of compensation as well as any right of approval, prior or subsequent, for what will be processed from the Content you published, shared or transmitted in any way on SPIN.FASHION. This is without prejudice to all mandatory applicable laws regarding copyright and intellectual property rights. In particular, the uses of the Content authorized under this provision, will in no way harm your honor, reputation, nor any other fundamental and imperative right between the Parties, under the applicable law of your country of residence. The Content License will remain valid even after the deletion of Your Account or the termination of the contract between You, SPIN.FASHION and Lablaco, notwithstanding the provisions below.
15.4 Exclusion of liability of SPIN.FASHION and Lablaco for Content posted by Users
All opinions, comments or advice expressed by you or third parties in pages or sections accessible via the Platforms will be intended as exclusively referred to the person whom expressed such opinions, comments or advice or posted or uploaded them on the Platforms. In the event that the aforementioned Content including comments, opinions and advice published by a Platforms User, are in no way used by SPIN.FASHION and Lablaco, they will not be considered published nor expressed by SPIN.FASHION and Lablaco, its directors, employees or collaborators, and can thus not entail any liability of SPIN.FASHION and Lablaco, its directors, employees or collaborators. This is without prejudice to other provisions of these T&C All Users.
15.5 Refusal to publish and right to remove
Without prejudice to the above, SPIN.FASHION and Lablaco reserve
themselves the right to refuse the publication of any content that may be
proposed by Users, or the right to remove (or request the removal of)
specific Content after its publication. This is at SPIN.FASHION and
Lablaco’s sole discretion and without obligation to give prior notice or
justification, thus not giving rise to any liability of SPIN.FASHION and
Lablaco, its affiliates, subsidiaries or related parties or their
directors, employees or collaborators.
16. Suspension and amendments to the Platforms and/or the Services offered by SPIN.FASHION
SPIN.FASHION will make any necessary effort to maintain the Platforms operational at all times. However, in some circumstances, there may be technical difficulties, due to the nature of the Internet, which may cause an interruption in the Platforms’s accessibility and availability of Services. We also retain the right to limit the availability of the Platforms and/or of the Lablaco Services (i) if this is necessary to protect the proper functioning of the Platforms and/or the Services, the safety and integrity of our servers, the integrity of the rights of Lablaco HOLDING PTE LTD, its licensors, Users or third parties, (ii) in order to carry out maintenance work on the Platforms and/or the Services.
SPIN.FASHION and Lablaco may perform modifications to the Platforms and/or
Lablaco Services in order to introduce new Services and/or improve the
existing Services, their accessibility and/or functioning, or, if the case
may be, by amending these T&C All Users, in application of Art. 17 of
these T&C All Users.
17. Amendments to T&C All Users
We reserve ourselves the right to modify these T&C All Users at any
time, which you may always refer to by accessing the most up-to-date
version on the Platforms. In the event of a significant change to one or
more provisions, we will notify you at least 30 days in advance before
their entrance into force, by sending you a message on your SPIN.FASHION
Account. In such case, should you not agree with the stated provisions,
you will have the right to terminate these T&C All Users executed with
Lablaco with immediate effect, in accordance with the information and
procedures described in the email. If, however, you continue to use the
Platforms after the introduction of such new provisions, you expressly
declare the acceptance of the amended T&C All Users. We therefore
invite you to read carefully any emails you may receive from us.
18. Duration and Termination of the T&C All Users
All provisions of the T&C All Users executed between you and SPIN.FASHION will remain in full force until the T&C All Users is terminated (i) as a result of your withdrawal, (ii) as a result of a termination by SPIN.FASHION or Lablaco, in accordance with the provisions of this paragraph.
You may terminate these T&C All Users at any time by clicking on the “Delete Account” button available on the Platforms, without giving any reason for your decision.
SPIN.FASHION or Lablaco may terminate these T&C All Users with immediate effect and without notice (i) if you breach any of your obligations under these T&C All Users, (ii) if, by using the Platforms and/or its Services, you violate a right of SPIN.FASHION or Lablaco, of a licensor of SPIN.FASHION or Lablaco, of a Seller, of another User or a third party, (iii) if SPIN.FASHION has received at least two notifications from other Users or Sellers reporting a behavior in relation to the use of the Platforms and/or its Services, which may constitute a breach of these T&C All Users and/or other legal provisions, and (iv) in the event of serious and repeated breaches of the contracts executed with other Users of the Platforms of which we become aware.
If the Agreement is terminated – as a result of your withdrawal or our request for termination –we will block your User Account without delay. You will therefore no longer be able to access any of your Content, which will also be no longer visible on the Platforms.
However, the rights granted by SPIN.FASHION under these T&C All Users will remain unaffected, including the right to post your Content and the right to License referred to in paragraph 14.3 above. If, at the time of termination of these T&C All Users, you have purchased, sold or given away items through Lablaco, the contracts with the other Users and the delivery mandate thereof shall remain in force until their full and final execution.
Notwithstanding the above, SPIN.FASHION and Lablaco shall not be liable
where one or more of the Content posted or shared on the Platforms by the
User is – even after termination of these T&C All Users and deletion
of the Account – in whole or in part used, reproduced, copied, modified,
altered, publicly displayed, posted, sent, transmitted, distributed,
transferred or otherwise used.
19. Limitation of Liability of SPIN.FASHION and Lablaco
SPIN.FASHION and Lablaco as well as its subsidiaries, affiliates and
related parties who contributed towards hosting services, the development
of content and services of the Platforms, will not be liable for direct or
indirect damages resulting from the use of Platforms or from the failure
to offer such services. This provision as well as all provisions of these
T&C All Users containing exclusion or limitation clauses related to
the liability of SPIN.FASHION, Lablaco or its subsidiaries, affiliates and
related parties shall be intended in the broadest sense possible, but
shall however be applied within the limits of the applicable law and
regulation of your country of residence. In any case, they will not be
applicable in cases of willful misconduct and gross negligence, where the
damage consists of an injury to physical integrity or health and if the
violation by SPIN.FASHION, Lablaco, its subsidiaries, affiliates and
related parties amount to a breach of mandatory public order laws.
20. Waiver
By using the Platforms, you agree to indemnify and hold harmless
SPIN.FASHION and Lablaco, its affiliates, subsidiaries and related
parties, directors, employees and contractors, from any loss, direct or
indirect damage, liability, cost, expense (including legal fees), alleged
compensatory obligation or third party claims arising out of: (i) your use
of and access of the Platforms; (ii) any of your Content; (iii) your
breach of any provisions of the T&C All Users; and (iii) your breach
of any third party rights, including any proprietary, privacy or
intellectual property rights without restrictions.
21. Online dispute resolution (UE)
In the event that you have any dispute with us that is connected to these Supplemental Terms, you may contact us and we will endeavor to resolve this dispute. To file a complaint or claim any of your rights related to the use of the Platforms or to the purchase Wearables, you have the option to use the Online Dispute Resolution Platforms (“ODR Platforms”), established by the European Commission and delivered in all European languages, via the following website of the European Commission: https://ec.europa.eu/consumers/odr/.
In the case of transactions through SPIN.FASHION, the Seller will be the only subject responsible for all claims concerning your SPIN Store. As a consequence, if you were to use the ODR Platforms in order to claim your rights arising out of the SPIN Store, you would need to specify the Seller of the purchased Wearable as professional from which you bought the Wearable or else as a counter party in the dispute.
If, on the other hand, you intend to use the ODR Platforms to enforce your
rights or file a complaint under the T&C All Users entered into with
SPIN.FASHION and Lablaco, you shall then indicate SPIN.FASHION, as the
retailer from whom you purchased the service, or as the counterparty of
the related dispute.
22. Waiver and Safeguard clause
Failing to rigorously ask to enforce any of the terms and conditions of
these T&C All Users shall not be construed as a waiver for the
enforcement of any further breach. If any part of these T&C All Users
were found invalid or unenforceable under the applicable law or Court
order, including any warranty disclaimers or limitation of liability set
forth above, the invalid or unenforceable provision shall be considered
severed by a valid and enforceable provision that is consistent with the
meaning of the original provision. The rest of these T&C All Users
would still be binding and would remain in full effect.
23. Governing law and Jurisdiction
The contract executed with Lablaco ruled by the General T&C (which include these T&C All Users, the Privacy Policy and the Cookie Policy) and all rights and obligations of the parties are governed by and construed in accordance with the laws of Singapore, save for all other mandatory applicable law which cannot be derogated or excluded by the Parties.
Any dispute which may arise therefrom shall be submitted to a Singaporean
Court chosen by Lablaco, save for all matters, for which the court of
competent jurisdiction cannot be derogated or excluded by the Parties.
24. Reporting and Feedback
If you believe that the behavior of a User of the Platforms infringes upon any of your rights, third parties’ right or the Law, please send us an email or use the Feedback Form.
This way, in accordance with the privacy rights of each individual, we may decide to undertake the most relevant contractual or commercial initiative towards Users, Sellers, Creators or Media, who have engaged in a conduct conflicting with the SPIN.FASHION and Lablaco values, or in any way violating the T&C All Users, the T&C Business, or otherwise contrary to the law.
We simply remind you, however, that Lablaco holds no responsibility as to breach of contract or breach of law by third parties’, for which SPIN.FASHION and Lablaco are not called liable under the Law.
Withdrawal instructions
If you transacted an item on SPIN.FASHION, you can change your mind and withdraw from the SPIN Store Contract with the Seller.
If for any reason you were not satisfied with your purchase, you can return the Wearable within 14 days from the date you received the purchased Wearable. After checking the integrity of the returned Wearable, the Seller will refund you of the Purchase Price and of any Delivery Costs and Expenses.
The cost for the shipment of the returned Wearable will be borne by you.
In order to exercise your right of withdrawal, return the Wearable and receive a refund (or the replacement of the Wearable) from the Seller, you may fill in the SPIN.FASHION Return Form and follow the instructions below:
access the “My Purchases” section of your Account and select the purchased Phygital Wearable, Artefact or Architecture you would like to return;
Package the phygital Wearable or Artefact in its original packaging, including any documents, accessories and manuals received along with it; if done otherwise, the Seller may deny the refund;
make sure that the packaging is well sealed and that the content does not risk being damaged during the shipping;
type the flag -- to confirm your willingness to withdraw and return the Article;
you will receive a Confirmation email where in which you will be informed of the address where you should return the phygital Wearable or Artefact within 14 days from the date of receipt of the Return confirmation email;
upon receiving the returned phygital Wearable or Artefact, the Seller will check its status and, if no damage is found, he will task SPIN.FASHION with the refund – in his name and on his behalf – of the Purchase Price and all Delivery Costs and Expenses, via the original payment method, within 14 days from the date of return;
once the refund has been made, a confirmation message will be sent to you by the Seller;
if the Seller were to detect damages, you would be contacted by the Seller and - to the extent this is permitted under the applicable law – he would withhold your refund until the dispute is resolved.
We remind you that all direct costs for returning the product(s) in relation to which the right of withdrawal has been exercised will be borne by You, unless the Seller has offered to cover them.