Terms and conditions
General Terms and Conditions
The following general terms and conditions (“Terms”) apply to the ordering of products in the Online Shop of Teddylabels Inc., 80 Pine Street, Floor 24, New York, NY 10005, (“Seller”) offered at www.teddylabels.com. These Terms came into effect October 28, 2021 and may be found at www.teddylabels.com. They were last updated on October 28, 2021.
The Online Shop’s offers are directed exclusively to U.S. residents who are at least 18 years of age (“Buyers”), and are made only on the basis of these Terms. The Terms also apply to companies for all future business relationships, even if they are not expressly agreed to again.
Any conflicting, supplementary, or deviating terms or conditions asserted by the Buyer do not become part of any contract with Seller, unless such terms or conditions are expressly agreed upon between the Buyer and Seller in writing.
2. Conclusion of the contract
The product presentation in the Online Shop, in brochures, in price lists, and in other advertising documents, does not constitute a binding application to conclude a purchase contract with the Buyer. Rather, it is a non-binding invitation to order products from the Seller.
Product images used in the Online Shop are illustrative and may differ from the actual appearance of the product.
By placing an order, the Buyer submits a binding application to conclude a purchase contract. This application is made in the Online Shop by clicking the button labeled “Order Now.”
When ordering in the Online Shop, the Buyer receives an automatically generated email after receipt of his or her purchase offer, with which the Seller confirms that he has received the Buyer’s order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of the purchase offer. A contract is not yet concluded with the confirmation of receipt.
A purchase contract for the goods is only concluded if the Seller expressly declares acceptance within two weeks of receipt of the purchase offer from Buyer or if Seller sends the goods to the Buyer without a prior express declaration of acceptance.
3. Right of withdrawal
In the event that the Buyer is a consumer, meaning that he or she enters into the transaction primarily for personal, family, or household purposes, rather than commercial or professional purposes, then the Buyer has a right of cancellation in accordance with the Seller’s cancellation policy.
4. Prices and delivery
The prices quoted in product presentations in the Online Shop, in brochures, price lists, and other advertising material may contain applicable statutory sales tax and other price components, and may also include the respective shipping costs.
In cases in which prices in the Online Shop, in brochures, price lists, and other advertising documents are incorrectly shown due to technical errors, and a purchase contract is concluded on the basis of incorrect prices, the Seller is still entitled to contest the purchase contract even if an automatic order confirmation has been sent. In the event of such a challenge on the part of the Seller, payments already made will be reimbursed to the Buyer as soon as practicable.
Unless otherwise agreed, the products will be delivered to the address given by the Buyer. Deliveries are only possible within the United States of America, its territory and possessions, using valid addresses recognized by the U.S. Postal Service or other major commercial carrier.
In the case that the Buyer is not a consumer, then products are loaded and shipped uninsured at the Buyer’s risk.
If not all of the products ordered are in stock, the Seller is entitled to make partial deliveries, provided this is reasonable for the Buyer. Any applicable deadlines may begin only with the receipt of the last partial delivery.
The delivery of ordered products is subject to availability. If a product is not available at the time of the order, the Buyer will receive a notification of the expected delivery date and the order will be reserved by the Seller. If the expected delivery date communicated by the Seller is more than four (4) weeks in the future, the Buyer can withdraw from his declaration of intent vis-à-vis the Seller by simply declaring within two (2) weeks of the delivery date being communicated. In this case, payments already made will be refunded immediately. Once the product is in stock, it will be shipped to the Buyer without further notification. In case of unavailability, in particular because a limited supply of goods marked as such is exhausted, the Buyer will be informed by the Seller. Payments already made will then be refunded immediately.
5. Payment terms
The purchase price is to be paid immediately after the conclusion of the purchase contract without any deductions.
The purchase price is paid using one of the payment options offered.
If the customer is in default with a payment or if there is a return debit, the Seller reserves the right to assert default damage (e.g., collection fees, dunning fees, interest on arrears, chargeback fees).
6. Obligations of the customer in relation to the customer account
If a customer account exists, the person who was registered in a customer account is responsible for the activities on this customer account. If orders are placed via the customer account, the registered person is considered the Seller’s contractual partner. This does not apply if the person has observed the care specified in Section II with regard to his customer account and is not responsible for any misuse of his customer account.
7. Offsetting / right of retention / retention of title
The Buyer is only entitled to offset if his counterclaim has been legally established or is not disputed by the Seller.
The Buyer can only exercise a right of retention if the counterclaim is based on the same contractual relationship.
All goods sold by Seller remain the property of the Seller until the purchase price has been paid in full.
- If the Buyer is not a consumer, the following paragraphs also apply:
The Seller retains ownership of the goods until all existing and future claims from the current business relationship with the Buyer have been settled in full (goods subject to retention of title). Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.
- The Buyer is obliged to treat the reserved goods with care and to keep them at his own expense.
- The Buyer is entitled to sell or process the reserved goods in the ordinary course of business. In this case, the Buyer already now assigns to the Seller all claims in the amount of the invoice amount that accrue to him from the resale. The Seller accepts the assignment, but the Buyer is authorized to collect the claims. If the Buyer does not properly meet his payment obligations, the Buyer reserves the right to collect claims himself.
- If the reserved goods are combined and mixed, the Seller acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- The Seller undertakes to release the securities to which he is entitled on request insofar as the realizable value of his securities exceeds the claims to be secured by more than 10%. The choice of securities to be released is incumbent upon the Seller.
- The Buyer is obliged to inform the Seller immediately about access by third parties to the reserved goods. He is also obliged to point out the property of the Seller to the respective third party. If the third party is unable to reimburse the Seller for the judicial or extrajudicial costs incurred in this connection, the Buyer shall be liable for them.
- In the event of breach of contract by the Buyer – in particular in the event of default in payment – the Seller is entitled to demand the surrender of the purchased item. After taking them back, which is considered a withdrawal from the contract, the Seller is authorized to use them. The Seller shall offset the sales proceeds less the sales costs against the Buyer’s liabilities.
If the delivered product is defective, the Buyer is entitled to the statutory warranty rights. Normal operational wear and tear and damage caused by improper or excessive use of the product do not constitute a defect.
9. Disclaimer of Warranties and Limitation of Liability
We disclaim any and all responsibility or liability for the timeliness, accuracy, legality, reliability, and availability of information or material contained on the Online Shop. The Online Shop may contain inaccuracies or typographical errors. We disclaim any responsibility for the deletion, failure to store, and poor delivery of any information or material of the Online Shop or the use thereof. The contents of the Online Shop and any communications sent to you by the Online Shop or otherwise from us are provided for informational purposes only.
ALL SERVICES AND INFORMATION OFFERED ON THE ONLINE SHOP ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED.
Where the law does not allow the exclusion of implied warranties, these exclusions may not apply.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, OR LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE ONLINE SHOP, ANY COMMUNICATIONS SENT TO YOU VIA THE ONLINE SHOP OR OTHERWISE FROM US, OR INFORMATION AVAILABLE FROM THE ONLINE SHOP. WHERE THE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT SERVICES OR $100, WHICHEVER IS GREATER.
If products are delivered with obvious defects, in particular obvious transport damage, the customer is asked to report such defects to the deliverer immediately and to contact the Seller as soon as possible.
Insofar as the Buyer is a consumer, any failure to submit a complaint or contact has no effect on the statutory warranty rights. A timely complaint and contact by the Buyer can, however, support the Seller in asserting his claims against the carrier or the transport insurance.
If a customer account exists, the Buyer is liable for all activities that take place using this customer account. This does not apply if the Buyer is not responsible for any misuse of his customer account.
THE SELLER ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE BASED ON INCORRECT INFORMATION PROVIDED TO IT BY THE BUYER THROUGH THE ONLINE SHOP. WHILE THE SELLER MAKES EVERY EFFORT TO KEEP INFORMATION IN THE ONLINE SHOP ACCURATE AND TO GATHER CORRECT INFORMATION FROM ITS USERS, THE SELLER CANNOT GUARANTEE, NOR WILL THE SELLER BE RESPONSIBLE, FOR ANY DAMAGE OR LOSS RELATED TO THE ACCURACY OF THE INFORMATION IN THE ONLINE SHOP OR THROUGH ITS SERVICES AS A RESULT OF BUYER’S MISINFORMATION.
The Seller may make improvements or changes in the information, products, and services available through the Online Shop, or terminate the Online Shop, at any time, for any or no reason, and without notice.
If at any time you are dissatisfied with the Online Shop in whole or in part, you are invited to provide feedback to us, but otherwise your sole remedy is to discontinue use of the Online Shop.
As a condition of your use of the Online Shop, you warrant that you will not use it for any purpose that is against the law or prohibited by these Terms. If you violate any of these Terms, your permission to use the Online Shop immediately ends. You may not use any technology or manual process to monitor or copy any of the Online Shop’s pages, data, or content. You may not introduce malicious code to the Online Shop. You represent and warrant that you use frequently updated, commercially standard, virus protection software.
You agree not to access the Online Shop by any means other than through a commercially available web browser. You will not access or attempt to access password protected, secure, or non-public areas of the Online Shop without our prior written permission. You will comply with all privacy laws.
In order to use the Online Shop, you must obtain access to the Internet and pay any service fees associated with such access. System availability and access to the services and information available on the Online Shop may be limited or unavailable for reasons which may include, without limitation, system performance, telecommunications failure, hardware failure, or software failure. We make no representations, warranties or assurances as to the availability of the Online Shop.
You are responsible for your use of your Internet browser, the Online Shop, and the services and information provided on the Online Shop. We are not responsible for deletion of data, timeliness of services, or the failure to store any of your data.
12. Notice and Procedure for Making Claims of Copyright Infringement
It is our policy to promptly process and investigate notices of alleged copyright infringement and take appropriate actions under the Digital Millennium Copyright Act (DMCA), Title 17, United States Code, Section 512. Pursuant to the DMCA, we have a designated agent to receive notification of alleged copyright infringement occurring on the Online Shop. The designated agent will acknowledge receipt and handle all complaints alleging infringement violations.
All notifications of claimed copyright infringement on the Online Shop should be sent only to our Designated Agent:
Teddylabels Inc. – Corporate Counsel
80 Pine Street, Floor 24
New York, NY 10005
The DMCA requires that all notices of alleged copyright infringement must be in writing. When informing the designated agent of an alleged copyright infringement, the notice must:
Identify the copyrighted work that allegedly has been infringed.
Describe the material that is claimed to be infringed upon and provide sufficient information to permit us to locate that material.
Include contact information of the copyright owner or person authorized to act on behalf of the owner. Contact information must include name, address, telephone number, and email address.
Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or law.
Certify that the information that you have provided us is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
We may not be able to act on the complaint promptly, or at all, if the copyright holder, or its designate do not provide the information required in the “Contents of Notice.”
NOTE: THE DESIGNATED AGENT IS PROVIDED SOLELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEY FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
13. Changes to the Terms and Conditions
These Terms can be changed by the Seller at any time. The current conditions apply to orders placed by the Buyer.
Changes to these Terms that affect any existing customer accounts will only be made if this is necessary due to legal or functional adjustments to the Online Shop, e.g. in the case of technical changes or adjustments in the registration process or in the administration of the customer account.
Changes in accordance with paragraph 2 will be announced to the Buyer by email no later than four (4) weeks before they take effect, without the need to send the changed conditions in detail or the new version of the conditions as a whole; it is sufficient to be informed of the changes made. In the announcement, the Seller will provide a link under which the new version of the Terms can be viewed as a whole.
If the Buyer does not object to the change in accordance with Paragraph 2 within 14 days of the change being announced, this shall be deemed to be acceptance of the change; the Seller will point this out to the Buyer separately in the announcement.
14. Rights to the Online Shop; Usage rights
The entire content of the Online Shop is protected by applicable state, federal, and international copyright and trademark laws. All corresponding rights lie with the Seller and its partners. Brands, company names, product names, product information (including product ratings and weight), images / graphics, design, layout and other content of the Online Shop may not be downloaded, copied or used in any other way, unless this is permitted by law or with the written consent of the rights holder.
By using content such as brands, logos or copyrighted content when putting together individually designed products, the Buyer declares that he is entitled to use this content in the Online Shop.
The Buyer grants the Seller a spatially, temporally, and content-unrestricted, irrevocable, non-exclusive, free right to use the content posted or transmitted to third parties. The Seller is entitled to use, edit, and exploit the content at any time. This includes in particular the right of reproduction, the right of distribution, and the right of communication to the public, in particular the right to make them available to the public. This right of use is granted regardless of whether the customer account exists.
The Buyer shall indemnify and hold harmless Seller and its employees or agents in the event of claims against Seller due to alleged or actual legal violations and/or the violation of third-party rights because of actions taken by the Buyer in connection with the order in the Online Shop. This applies in particular to any legal violations in connection with the compilation of individually configurable products. In addition, the Buyer undertakes to reimburse all costs that the Seller incurs as a result of the claim. The reimbursable costs include in particular the costs of an appropriate legal defense that the Seller incurs in defending against claims.
16. Final provisions
The language of the contract is exclusively English.
Should one or more provisions of these Terms be or become fully or partially ineffective, the effectiveness of the rest of the Terms remains unaffected. In this case, the parties will work together to replace ineffective regulations with regulations that correspond to the ineffective regulations as closely as possible.
The contract formed by this Terms between Buyer and Seller shall be governed by, and interpreted in accordance with, the laws of the State of New York (without regard to the laws that might be applicable under principles of conflicts of law) as to all matters, including, but not limited to, matters of validity, construction, effect, and performance. Venue and jurisdiction for any disputes under the contract formed by this Terms will lie exclusively in the state or federal courts or arbitral authorities located in New York County, State of New York.
Unless otherwise regulated, contractual notifications, modifications, and declarations must be written.
17. Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods. However, please also note the exceptions to the right of withdrawal below.
In order to exercise your right of withdrawal, you must contact us by means of a clear, written declaration (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory. In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
80 Pine Street, Floor 24
New York, NY 10005
Telephone: +1 646 537 7646
Consequences of withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us), to be repaid as soon as practicable and no later than fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have returned them.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
If you make use of your right of cancellation (see cancellation policy), the return within the United States is free of charge if the price of the item to be returned exceeds an amount of $50.00 and if you have already made the consideration or a contractually agreed partial payment at the time of the cancellation.
When shipping from outside of the United States, the customer bears the return costs incurred.
The customer must pay for any loss in value of the goods if this loss in value is due to handling of the goods.
Exceptions to the right of withdrawal
The right of withdrawal does not apply to the following contracts:
- Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer
- Contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery
- Contracts for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature
Model withdrawal form
If you want to cancel the contract, please fill out this form and send it back.
To: Teddylabels Inc.
80 Pine Street, Floor 24
New York, NY 10005
Telephone: +1 646 537 7646
I hereby revoke the contract I have concluded for the purchase of the following goods:
Ordered on / received on:
Name of the consumer:
Address of the consumer:
Signature of the consumer (only if this is communicated on paper)
Terms Last Updated: October 27, 2022