1. General Terms
1.1 These terms of use ("Terms of Use")shall apply to all transactions and contracts concluded between users (herein after referred to as "Users") and Micro Retail Technologies MRT GmbH, registered in the commercial register of the local court of Charlottenburg under HRB 252024 B (hereinafter referred to as "LAP Coffee"),via the Internet platform of LAP Coffee [www.lap.coffee] ("Website"), unless expressly agreed otherwise by written agreement between the User and LAP Coffee.
1.2 The version of the Terms of Use valid at the time of conclusion of a contract is authoritative. LAP Coffee reserves the right to make changes to these Terms of Use.
1.3 Terms and conditions that deviate from and/or go beyond these Terms of Use will not be recognized unless LAP Coffee expressly agrees to their validity in writing.
1.4 Users within the meaning of these Terms ofUse are exclusively consumers within the meaning of § 13 German Civil Code (BürgerlichesGesetzbuch, BGB).
1.5 The contract language is German.Translations of these Terms of Use into other languages are for your information only. In the case of translations into other languages, the German version shall take precedence. The text of the contract is not stored by LAP Coffee.
2. Services
2.1 These Terms of Use apply to the use of theWebsite andavailable through the Website (collectively, the "Services"). Through the Website, LAP Coffee provides Users with information about LAP Coffee products and services, including product prices.
2.2 The presentation and advertising of products or services on the Website does not constitute a binding offer to conclude a contract.2.3 Information about LAP Coffee products orservices does not imply or warrant that such products or services will in fact be available at any time. LAP Coffee reserves the right to discontinue any product at any time.
3. Liability, Exclusion of Warranty
3.1 Claims of the User for damages are excluded. Excluded from this are claims for damages of the User from injury to life, body, health or from the violation of essential contractual obligations, the fulfillment of which is necessary to achieve the goal of the contracts concluded between LAP Coffee and the User and on the observance of which the User could rely (cardinal obligations), as well as liability for other damages which are based on an intentional or grossly negligent breach of duty by LAPCoffee, its legal representatives or vicarious agents or the Website.
3.2 In the event of a breach of materialcontractual obligations, LAP Coffee shall only be liable for the foreseeabledamage typical for this type of contract if such damage was caused by simplenegligence, unless the User's claims for damages are based on injury to life,body or health. 3.3 LAP Coffee does not guarantee or assumeany liability for the accessibility of the Website. In addition, LAP Coffeedes not guarantee that access to the Website will be technically error-freeand without interruptions, that no other technical problems will occur during that the Website will not contain viruses or errors.
3.4 LAP Coffee makes no representations in connection with any third-party websites that may be accessed through a link from the Website. Such third party information is independent from LAP Coffee's own information. Links, hyperlinks, or web addresses leading to other Websites do not imply that LAP Coffee endorses or accepts any responsibility for the content of such Websites or approves of their content or use. These Terms ofUse apply only to the LAP Coffee-operated Website; linked third-party websites are governed by their terms.
4. Copyrights
4.1 LAP Coffee grants Users the non-exclusive, non-sublicensable and non-transferable right, limited in time and revocable at any time, to access and use the Services through the Website provided by LAP Coffee solely for the purposes set forth herein. Any other use of the Website, including the images, characters, symbols or product descriptions displayed, is not permitted without the express consent of LAP Coffee. The Website is protected by copyright.
4.2 When using the Website, it is prohibited to copy, modify or create derivative works from the information presented there as well as the software related to the Services. It is further prohibited to extract (e.g. by "scraping") and/or reuse the information outside theWebsite to the goods depicted and offered on the Website.
5. Technical Requirements
5.1 The use of the Website requiresappropriate compatible equipment and sufficient Internet access and/ortelephone connection, which the User shall provide at its own responsibilityand expense. 5.2 LAP Coffee assumes no responsibility forthe loss or improper transmission of information and/or services based on the User'sfailure to create the necessary conditions.
6. Privacy Policy
6.1 The Privacy Policy available on the Websiteshall apply.
7. Final Provisions
7.1 Choice of LawContracts between the contracting parties shall be governed by the laws of the Federal Republic of Germany, excluding theUN Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the User has his habitual residence as a consumer, shall remain unaffected.
7.2 Dispute ResolutionThe EU Commission has created an Internet platform for online dispute resolution. More detailed information is available at the following link: http://ec.europa.eu/consumers/odr. The User is informed according to § 36 VSBG that LAP Coffee is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
7.3 Severability Clause Should individual provisions of these Terms of Use be or become invalid, this shall not affect the validity of the rest of the Terms of Use. The invalid provision shall be replaced by the contracting parties by mutual agreement with a provision that comes as close as possible to the economic sense and purpose of the invalid provision in a legally effective manner. This provision shall apply mutatis mutandis in the event of loopholes.