Life
among
people
GENERAL TERMS
AnD CONDITIONS
As of: April 2025
I. General Provisions
1. Applicability; User Eligibility; Language
(1) These general terms and conditions ("Terms") shall apply to the use of our services offered by us, Micro Retail Technologies MRT GmbH, Rosenthaler Straße 13, 10119 Berlin, Germany, registered in the commercial register of the Charlottenburg District Court under HRB 252024 B (hereinafter referred to as "LAP Coffee") via the website https://www.lap.coffee/ ("Website") and the LAP Coffee App ("App") as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively the “Platform” and the Platform as well as the services offered on the Platform collectively the "Service(s)") by you (the "User(s)," "you," or "your"), unless expressly agreed otherwise in writing between the User and LAP Coffee.
(2) Users within the meaning of these Terms are exclusively consumers as defined by § 13 of the German Civil Code (BGB). "Consumer" is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
(3) The contract language is English.
2. Warranty rights; Liability
(1) The statutory provisions concerning non-performance or defective performance for products ordered through the Platform shall apply.
(2) Claims for damages by the User are excluded. This does not apply to claims for damages arising from the injury to life, body, or health, or from the breach of essential contractual obligations, the fulfilment of which is necessary to achieve the purpose of the contract concluded between LAP Coffee and the User, and on whose compliance the User could reasonably rely (cardinal obligations), as well as liability for other damages resulting from intentional or grossly negligent breaches of duty by LAP Coffee, its legal representatives, agents, or the Platform.
(3) In the event of a breach of essential contractual obligations, LAP Coffee is only liable for foreseeable damages typical of the contract, provided such damages were caused by simple negligence, unless the claim for damages arises from injury to life, body, or health.
(4) LAP Coffee does not provide any guarantee or liability for the availability of the Platform. Furthermore, LAP Coffee does not guarantee that access to the Platform will be technically
error-free and uninterrupted, that no other technical issues will occur during use, or that the Platform is free from viruses or errors.
(5) LAP Coffee makes no representations regarding third-party websites accessible via a link from the Platform. Such third-party information is independent of LAP Coffee's own information. Links, hyperlinks, or web addresses that lead to other websites do not imply that LAP Coffee takes responsibility for the content of such websites or endorses their content or use. These are only valid for the Platform operated by LAP Coffee; the terms and conditions of the linked third-party websites apply to those sites.
3. Governing Law; Jurisdiction; Dispute Resolution; Severability
(1) Contracts between the parties are governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention. The statutory provisions regarding the limitation of the choice of law and the applicability of mandatory provisions, particularly those of the country in which the User has their habitual residence as a consumer, remain unaffected.
(2) LAP Coffee is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board under the German Consumer Dispute Resolution Act (VSBG).
(3) If any individual provisions of these Terms are or become invalid, the validity of the remaining provisions of the Terms shall not be affected.
4. Privacy
LAP Coffee shall process personal data relating to the User. The processing of personal data is subject to our Privacy Policy.
II. Usage Terms for the Platform
1. Description of the Service
(1) LAP Coffee provides a Platform that allows Users to pre-order and purchase products for pick-up at designated LAP Coffee shop locations. Through the Platform, Users can also purchase digital gift cards valid at LAP Coffee shop locations, participate in LAP Coffee’s loyalty program via a digital stamp card, and add funds to their account for future purchases. A more detailed description of the Services can be found in the applicable Section of these Terms and on the Website.
(2) Using the Platform is free of charge. However, placing product orders, purchasing gift cards, or adding funds through the Platform creates a payment obligation under the respective purchase or service agreement.
2. Creating an Account
(1) In order to use the App, you must register by creating a User account (the "Account"). This requires you to provide a name, email address, and password. By opening the App for the first time, you must accept these Terms. By accepting the Terms (by clicking the appropriate button), you make an offer to enter into a usage agreement for the App (the "Usage Agreement"). LAP Coffee accepts your offer by providing access to the App’s Services. However, LAP Coffee is not required to enter into such an agreement with you.
(2) You agree to keep your password and access data secure and agree not to share it with third parties, unless necessary for the intended and permitted use of the Service and you acknowledge that you are responsible for all activities that occur under your Account and password. LAP Coffee is not liable for unauthorized transactions due to User negligence. Users must notify LAP Coffee immediately if they suspect any unauthorized access to their Account.
3. Copyrights; License to use our Services; Use Restrictions
(1) LAP Coffee grants Users a non-exclusive, non-transferable, non-sublicensable, time-limited, and revocable right to access the Services via the Platform solely for the purposes outlined herein and to use them accordingly. Any further use of the Platform, including the displayed images, logos, symbols, or product descriptions, is not permitted without the express consent of LAP Coffee. The Platform is protected by copyright.
(2) When using the Platform, it is prohibited to copy, modify, or create derivative works from the displayed information and the software related to the Services. It is also prohibited to extract the goods depicted and offered on the Platform (e.g., through "scraping") and/or reuse the information outside of the Platform.
4. Technical Requirements
(1) The use of the Platform requires compatible devices as well as adequate internet access and/or a telephone connection, which the User must provide at their own responsibility and expense.
(2) LAP Coffee assumes no responsibility for the loss or improper transmission of information and/or services resulting from the User's failure to meet the necessary requirements.
5. Availability / System Outage
While we strive to ensure the Platform is available 24/7, we cannot guarantee continuous availability. Access to the Platform may be temporarily restricted due to capacity limitations, security concerns, system integrity, or scheduled maintenance aimed at improving or maintaining service quality.
6. Termination
(1) The Usage Agreement is entered into for an indefinite period. You may use the Platform (as available) at any time and terminate this Agreement by deleting your Account.
(2) We reserve the right to terminate the Usage Agreement, and consequently, your access to the Platform immediately for good cause.
7. Beta Version
(1) This Section applies, when you access, use, specifically test, any beta / testing / staging version(s) of the App ("Beta Version(s)").
(2) If we grant you access to the Beta Version, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Beta Version solely for testing purposes and for providing feedback on the Beta Version, subject to your compliance with this these Terms.
(3) The Beta Version is intended solely for testing, evaluation, and feedback purposes.
(4) The Beta Version is still in development and testing, meaning it is not a final product and may contain defects, bugs, or other issues. Not all features may be fully functional. It is provided "as is" and "as available" without any warranties, including any warranty that the Beta Version will be available, uninterrupted, error-free. The Beta Version may be modified or discontinued at our sole discretion. Use of the Beta Version is at your own risk. You should install the Beta Version on non-production devices that are not business-critical and have been backed up beforehand.
(5) We reserve the right to modify or terminate the Beta Version or your use thereof, or to limit or deny access to the Beta Version, at any time, in our sole discretion, for any reason, without any liability or additional notice to you.
8. Stamp Card
(1) LAP Coffee offers Users to participate in a loyalty program (“Loyalty Program”), by collecting stamps for each purchase of a LAP Coffee beverage (“Drink Order”) from a LAP Coffee store Location (“Location(s)”) through a digital stamp card with a personalized QR code (“Stamp Card”).
(2) The Loyalty Program is available to Users who have a compatible mobile device to access the Stamp Card via our App or their respective smartphone wallet app (“Wallet”).
(3) To subscribe to the Loyalty Program, User is required to download the App and register as described above in Section II.2. or to directly sign up to the Loyalty Program. To do this, User must scan a QR code at one of the Locations, or, if available, sign up directly on the Website. During sign-up User must provide their first name, last name and a valid email address. Afterward, User receives an email with their Stamp Card, which can then be added to their Wallet.
(4) For each Drink Order, Users earn one (1) digital stamp (“Stamp”).
(5) Stamps are added to the Customer’s Stamp Card upon scanning the Stamp Card at the Location.
(6) A Stamp Card is considered full and complete once the User has collected the required number of Stamps as indicated on the Stamp Card.
(7) Stamps hold no cash or monetary value and cannot be converted into any other form of currency. They cannot be combined with other offers, vouchers, or discounts.
(8) Stamps are non-transferable between participating Users, email addresses, Stamp Cards, or any other means.
(9) Once a Stamp Card is full, Users can redeem their Stamps for a free LAP Coffee beverage at a Location.
(10) Users are responsible for maintaining access to their Stamp Card.
(11) LAP Coffee
• is not responsible for lost, stolen, or unauthorized use of Stamp Cards,
• reserves the right to withhold or suspend a User’s ability to collect Stamps if there is a (suspected) violation of these Terms,
• may, at its sole discretion, refuse a User’s participation in the Loyalty Program.
• reserves the right to correct any stamps that have been awarded incorrectly.
9. LAP Card
(1) When using the App, Users can access their LAP Coffee Card (“LAP Card”). In addition to functioning as a Stamp Card, it also allows Users to load funds (“Credit”) onto the LAP Card for future purchases at the Locations.
(2) Users can top up their Credit at any time using the payment methods available within the App. The Credit balance is non-refundable, except where required by law.
(3) The Credit loaded onto the LAP Card serves as a prepayment for the purchase of products at Locations and can only be used for transactions at these Locations. The LAP Card is not a credit card, and it does not offer a credit limit, overdraft protection, or a savings account. No interest, dividends, or other earnings will be provided on the Credit balance.
(4) Users can view their Credit balance directly within the App. To make a payment at a Location, Users can display the QR Code from their LAP Card.
(5) LAP Coffee reserves the right to correct the Credit balance in case of billing or accounting errors.
(6) LAP Coffee reserves the right to refuse acceptance of the LAP Card or limit its usage if it is used in an unauthorized, fraudulent, or unlawful manner or if it violates these Terms.
IV. Terms of Purchase
1. Online Pre-Order
(1) During the business hours of the respective Location, Users can pre-order coffee, food, and drink products (“Product(s)”) available at that Location via the Platform and pay in advance using available payment methods. Users can then pick up their order (“Product Order”) at the respective Location.
(2) The User can select the Products and add them to their cart. The presentation, product description, or promotion of products does not constitute a binding offer to conclude a purchase agreement.
(3) When placing a Product Order, you will be prompted to choose your payment method and enter your payment details on the Platform.
(4) The User submits a legally binding offer to purchase the selected Products and enter into a purchase agreement (“Purchase Agreement”) by clicking the "Place order" button or another corresponding button with a clear and unambiguous wording in the Product Order.
(5) After receiving your Product Order, LAP Coffee will send an electronic confirmation of your Product Order. The confirmation of receipt of the Product Order merely documents that LAP Coffee has received the User's Product Order and does not constitute acceptance of the offer.
(6) If we accept your offer, we will send you an electronic acceptance of your offer after or in conjunction of confirming your Product Order. The acceptance of the Product Order is subject to availability, and we reserve the right to cancel or reject a Product Order at our discretion. LAP Coffee will provide the User with a confirmation of the Purchase Agreement (consisting of the purchase receipt/invoice and applicable Terms), in a durable medium such as via email. The text of the underlying Purchase Agreement will be stored by LAP Coffee in accordance with applicable data protection laws.
(7) Once the User has placed a Product Order, the Product Order cannot be cancelled by the User unless such a right is provided in the Purchase Agreement and/or by applicable law. If the User is a consumer as defined in § 13 BGB, any potential right of withdrawal remains unaffected in accordance with Section IV.4.
(8) LAP Coffee is entitled to reject the User's order, for example, if (i) the User violates these Terms during the Product Order, (ii) payment for the Product Order is not received from the User, (iii) the User is unlikely to be at the Location, or (iv) there are reasonable doubts about the accuracy, seriousness, or authenticity of the Product Order.
(9) Carefully check your selection before submitting your Product Order. You can review and modify the details of your Product Order at any time before placing it.
(10) We may use ingredients and additives in our foods and drinks that could cause allergies or intolerances. If you have any food allergies, we recommend contacting the designated Location for current allergen information before placing a Product Order.
(11) On the Platform, Users have the option to assign a tip to the person at the Location preparing their Product Order. The tip is a voluntary payment from the User, with no obligation, which LAP Coffee will forward to the recipient accordingly. Once the tip is assigned and the Product Order is placed, the User cannot cancel or request a refund of the assigned tip.
(12) Users must select a designated Location for pickup when placing the Product Order. The estimated pick-up time will be displayed during checkout.
(13) While we aim to prepare orders on time, delays may occur. All pickup times provided to the User are only estimated times. There is no guarantee that the Product Order will be available for pickup, or ready for consumption at the estimated time.
(14) LAP Coffee may take measures to identify the User when providing the ordered Products at the pickup Location. If the User does not collect the ordered Products within the specified pick-up time, LAP Coffee may withdraw from the affected Purchase Agreement. LAP Coffee is entitled to claim any resulting costs from the Customer.
2. Gift cards
(1) You can purchase a LAP Coffee gift card (“Gift Card(s)”) on the Platform by following the instructions provided on the Platform.
(2) The User can choose Gift Cards with varying cash values. The presentation, product description, or promotion of Gift Card does not constitute a binding offer to conclude a purchase agreement.
(3) When placing a Gift Card order (“Order”), you will be prompted to choose your payment method and enter your payment details on the Platform.
(4) User submits a legally binding offer to purchase the selected Gift Card(s) and enter into a purchase agreement (“Purchase Agreement”) by clicking the "Pay" button or another corresponding button with a clear and unambiguous wording in the Order.
(5) After receiving your Order, LAP Coffee will send an electronic confirmation of your Order. The confirmation of receipt of the Order merely documents that LAP Coffee has received the User's Order and does not constitute acceptance of the offer.
(6) If we accept your offer, we will send you an electronic acceptance of your offer after or in conjunction of confirming your Order. The acceptance of the Order is subject to availability, and we reserve the right to cancel or reject an Order at our discretion. LAP Coffee will provide the User with a confirmation of the Purchase Agreement (consisting of the purchase receipt/invoice and applicable Terms), in a durable medium such as via email. The text of the underlying Purchase Agreement will be stored by LAP Coffee in accordance with applicable data protection laws.
(7) Once the User has placed an Order, the Order cannot be cancelled by the User unless such a right is provided in the Purchase Agreement and/or by applicable law. If the User is a consumer as defined in § 13 BGB, any potential right of withdrawal remains unaffected in accordance with Section IV.4.
(8) LAP Coffee is entitled to reject the User's order, for example, if (i) the User violates these Terms during the Order, (ii) payment for the Order is not received from the User.
(9) Carefully check your selection before submitting your Order. You can review and modify the details of your Order at any time before placing it.
(10) Gift Cards can be redeemed through our App, where the amount will be credited to the User’s Credit balance (see Section II.9.), or directly at our Locations for the purchase of Products.
(11) To redeem a Gift Card in the App, Users must register an Account and input the Gift Card code.
(12) Gift Cards are non-refundable. They cannot
• be exchanged for cash, except where required by law,
• transferred or resold,
• topped up,
• used to purchase other Gift Cards,
• used in conjunction with cash,
• be used in conjunction with any promotional codes or discount vouchers.
(13) If the value of your purchase is less than the value of your Gift Card, the remaining balance will stay on the Gift Card and can be used for future purchases of Products.
(14) If the value of your purchase exceeds the value of the Gift Card, the remaining balance can be paid using another accepted payment method.
(15) If no expiration date is specified on the Gift Card, it will remain valid for 3 years from the purchase date. After this period, any remaining balance will be forfeited unless required by law.
(16) We reserve the right to cancel Gift Cards or refuse redemption if we suspect fraud, misuse, or a violation of these Terms.
(17) We are not responsible for lost, stolen, or unauthorized use of Gift Cards.
3. Payment Terms
(1) The User pays the agreed purchase price as per the Purchase Agreement. The User’s payment obligation arises upon the conclusion of the respective Purchase Agreement.
(2) The prices indicated on the Platform include the applicable VAT.
(3) The User can fulfil their payment obligation under the Purchase Agreement only by using one of the payment methods available in the Platform. The User will be informed about the available payment methods on the Platform.
4. Withdrawal
(1) The User cannot revoke a (Product) Order with LAP Coffee, as far as the delivery of goods is concerned:
• where the goods 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 (§ 312g (2) no. 1 BGB);
• where the goods can spoil quickly or whose expiry date would be exceeded quickly (§ 312g para. 2 no. 2 BGB);
• which for reasons of health protection or hygiene, the goods are not suitable for return if their seal has been removed after delivery (§ 312g para. 2 no. 3 BGB);
• if the goods were inseparably mixed with other goods after delivery due to their nature (§ 312g para. 2 no. 4 BGB).
(2) For the part of the (Product) Order which does not fall under the exclusion facts mentioned above, the User is entitled to a right of withdrawal insofar as the User is a consumer within the meaning of § 13 BGB.
Instructions on withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days, without giving any reason.
The withdrawal period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise the right of withdrawal, you must inform us,
Micro Retail Technologies MRT GmbH
Rosenthaler Straße 13
10119 Berlin
E-Mail: [email protected]
of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or an e-mail). You may use the attached model withdrawal form, but it is not mandatory. If you use this option, we will communicate to you an acknowledgement of receipt of such withdrawal on a durable medium (e.g., by email) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you all payments received from you, including delivery costs (except for the additional costs arising if you have chosen a different type of delivery than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notice of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the initial transaction unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.
You will bear the direct cost of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
LAP Coffee informs about the model withdrawal form in accordance with legal regulations as follows:
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
To:
Micro Retail Technologies MRT GmbH
Rosenthaler Straße 13
10119 Berlin
E-Mail: [email protected]
I/We (*) hereby withdraw from the contract concluded by me/us (*) concerning the purchase of the following goods/provision of the following service (*):
___________________________________________________________________
Ordered on (*) / Received on (*):
___________________________________________________
Name of consumer(s):
___________________________________________________
Address of consumer(s):
_______________________________________________________________________________________________________
Signature of consumer(s) (only if notification is on paper))
Date:
(*) Delete as appropriate.
*End of withdrawal notice*
1. Applicability; User Eligibility; Language
(1) These general terms and conditions ("Terms") shall apply to the use of our services offered by us, Micro Retail Technologies MRT GmbH, Rosenthaler Straße 13, 10119 Berlin, Germany, registered in the commercial register of the Charlottenburg District Court under HRB 252024 B (hereinafter referred to as "LAP Coffee") via the website https://www.lap.coffee/ ("Website") and the LAP Coffee App ("App") as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively the “Platform” and the Platform as well as the services offered on the Platform collectively the "Service(s)") by you (the "User(s)," "you," or "your"), unless expressly agreed otherwise in writing between the User and LAP Coffee.
(2) Users within the meaning of these Terms are exclusively consumers as defined by § 13 of the German Civil Code (BGB). "Consumer" is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
(3) The contract language is English.
2. Warranty rights; Liability
(1) The statutory provisions concerning non-performance or defective performance for products ordered through the Platform shall apply.
(2) Claims for damages by the User are excluded. This does not apply to claims for damages arising from the injury to life, body, or health, or from the breach of essential contractual obligations, the fulfilment of which is necessary to achieve the purpose of the contract concluded between LAP Coffee and the User, and on whose compliance the User could reasonably rely (cardinal obligations), as well as liability for other damages resulting from intentional or grossly negligent breaches of duty by LAP Coffee, its legal representatives, agents, or the Platform.
(3) In the event of a breach of essential contractual obligations, LAP Coffee is only liable for foreseeable damages typical of the contract, provided such damages were caused by simple negligence, unless the claim for damages arises from injury to life, body, or health.
(4) LAP Coffee does not provide any guarantee or liability for the availability of the Platform. Furthermore, LAP Coffee does not guarantee that access to the Platform will be technically
error-free and uninterrupted, that no other technical issues will occur during use, or that the Platform is free from viruses or errors.
(5) LAP Coffee makes no representations regarding third-party websites accessible via a link from the Platform. Such third-party information is independent of LAP Coffee's own information. Links, hyperlinks, or web addresses that lead to other websites do not imply that LAP Coffee takes responsibility for the content of such websites or endorses their content or use. These are only valid for the Platform operated by LAP Coffee; the terms and conditions of the linked third-party websites apply to those sites.
3. Governing Law; Jurisdiction; Dispute Resolution; Severability
(1) Contracts between the parties are governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention. The statutory provisions regarding the limitation of the choice of law and the applicability of mandatory provisions, particularly those of the country in which the User has their habitual residence as a consumer, remain unaffected.
(2) LAP Coffee is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board under the German Consumer Dispute Resolution Act (VSBG).
(3) If any individual provisions of these Terms are or become invalid, the validity of the remaining provisions of the Terms shall not be affected.
4. Privacy
LAP Coffee shall process personal data relating to the User. The processing of personal data is subject to our Privacy Policy.
II. Usage Terms for the Platform
1. Description of the Service
(1) LAP Coffee provides a Platform that allows Users to pre-order and purchase products for pick-up at designated LAP Coffee shop locations. Through the Platform, Users can also purchase digital gift cards valid at LAP Coffee shop locations, participate in LAP Coffee’s loyalty program via a digital stamp card, and add funds to their account for future purchases. A more detailed description of the Services can be found in the applicable Section of these Terms and on the Website.
(2) Using the Platform is free of charge. However, placing product orders, purchasing gift cards, or adding funds through the Platform creates a payment obligation under the respective purchase or service agreement.
2. Creating an Account
(1) In order to use the App, you must register by creating a User account (the "Account"). This requires you to provide a name, email address, and password. By opening the App for the first time, you must accept these Terms. By accepting the Terms (by clicking the appropriate button), you make an offer to enter into a usage agreement for the App (the "Usage Agreement"). LAP Coffee accepts your offer by providing access to the App’s Services. However, LAP Coffee is not required to enter into such an agreement with you.
(2) You agree to keep your password and access data secure and agree not to share it with third parties, unless necessary for the intended and permitted use of the Service and you acknowledge that you are responsible for all activities that occur under your Account and password. LAP Coffee is not liable for unauthorized transactions due to User negligence. Users must notify LAP Coffee immediately if they suspect any unauthorized access to their Account.
3. Copyrights; License to use our Services; Use Restrictions
(1) LAP Coffee grants Users a non-exclusive, non-transferable, non-sublicensable, time-limited, and revocable right to access the Services via the Platform solely for the purposes outlined herein and to use them accordingly. Any further use of the Platform, including the displayed images, logos, symbols, or product descriptions, is not permitted without the express consent of LAP Coffee. The Platform is protected by copyright.
(2) When using the Platform, it is prohibited to copy, modify, or create derivative works from the displayed information and the software related to the Services. It is also prohibited to extract the goods depicted and offered on the Platform (e.g., through "scraping") and/or reuse the information outside of the Platform.
4. Technical Requirements
(1) The use of the Platform requires compatible devices as well as adequate internet access and/or a telephone connection, which the User must provide at their own responsibility and expense.
(2) LAP Coffee assumes no responsibility for the loss or improper transmission of information and/or services resulting from the User's failure to meet the necessary requirements.
5. Availability / System Outage
While we strive to ensure the Platform is available 24/7, we cannot guarantee continuous availability. Access to the Platform may be temporarily restricted due to capacity limitations, security concerns, system integrity, or scheduled maintenance aimed at improving or maintaining service quality.
6. Termination
(1) The Usage Agreement is entered into for an indefinite period. You may use the Platform (as available) at any time and terminate this Agreement by deleting your Account.
(2) We reserve the right to terminate the Usage Agreement, and consequently, your access to the Platform immediately for good cause.
7. Beta Version
(1) This Section applies, when you access, use, specifically test, any beta / testing / staging version(s) of the App ("Beta Version(s)").
(2) If we grant you access to the Beta Version, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Beta Version solely for testing purposes and for providing feedback on the Beta Version, subject to your compliance with this these Terms.
(3) The Beta Version is intended solely for testing, evaluation, and feedback purposes.
(4) The Beta Version is still in development and testing, meaning it is not a final product and may contain defects, bugs, or other issues. Not all features may be fully functional. It is provided "as is" and "as available" without any warranties, including any warranty that the Beta Version will be available, uninterrupted, error-free. The Beta Version may be modified or discontinued at our sole discretion. Use of the Beta Version is at your own risk. You should install the Beta Version on non-production devices that are not business-critical and have been backed up beforehand.
(5) We reserve the right to modify or terminate the Beta Version or your use thereof, or to limit or deny access to the Beta Version, at any time, in our sole discretion, for any reason, without any liability or additional notice to you.
8. Stamp Card
(1) LAP Coffee offers Users to participate in a loyalty program (“Loyalty Program”), by collecting stamps for each purchase of a LAP Coffee beverage (“Drink Order”) from a LAP Coffee store Location (“Location(s)”) through a digital stamp card with a personalized QR code (“Stamp Card”).
(2) The Loyalty Program is available to Users who have a compatible mobile device to access the Stamp Card via our App or their respective smartphone wallet app (“Wallet”).
(3) To subscribe to the Loyalty Program, User is required to download the App and register as described above in Section II.2. or to directly sign up to the Loyalty Program. To do this, User must scan a QR code at one of the Locations, or, if available, sign up directly on the Website. During sign-up User must provide their first name, last name and a valid email address. Afterward, User receives an email with their Stamp Card, which can then be added to their Wallet.
(4) For each Drink Order, Users earn one (1) digital stamp (“Stamp”).
(5) Stamps are added to the Customer’s Stamp Card upon scanning the Stamp Card at the Location.
(6) A Stamp Card is considered full and complete once the User has collected the required number of Stamps as indicated on the Stamp Card.
(7) Stamps hold no cash or monetary value and cannot be converted into any other form of currency. They cannot be combined with other offers, vouchers, or discounts.
(8) Stamps are non-transferable between participating Users, email addresses, Stamp Cards, or any other means.
(9) Once a Stamp Card is full, Users can redeem their Stamps for a free LAP Coffee beverage at a Location.
(10) Users are responsible for maintaining access to their Stamp Card.
(11) LAP Coffee
• is not responsible for lost, stolen, or unauthorized use of Stamp Cards,
• reserves the right to withhold or suspend a User’s ability to collect Stamps if there is a (suspected) violation of these Terms,
• may, at its sole discretion, refuse a User’s participation in the Loyalty Program.
• reserves the right to correct any stamps that have been awarded incorrectly.
9. LAP Card
(1) When using the App, Users can access their LAP Coffee Card (“LAP Card”). In addition to functioning as a Stamp Card, it also allows Users to load funds (“Credit”) onto the LAP Card for future purchases at the Locations.
(2) Users can top up their Credit at any time using the payment methods available within the App. The Credit balance is non-refundable, except where required by law.
(3) The Credit loaded onto the LAP Card serves as a prepayment for the purchase of products at Locations and can only be used for transactions at these Locations. The LAP Card is not a credit card, and it does not offer a credit limit, overdraft protection, or a savings account. No interest, dividends, or other earnings will be provided on the Credit balance.
(4) Users can view their Credit balance directly within the App. To make a payment at a Location, Users can display the QR Code from their LAP Card.
(5) LAP Coffee reserves the right to correct the Credit balance in case of billing or accounting errors.
(6) LAP Coffee reserves the right to refuse acceptance of the LAP Card or limit its usage if it is used in an unauthorized, fraudulent, or unlawful manner or if it violates these Terms.
IV. Terms of Purchase
1. Online Pre-Order
(1) During the business hours of the respective Location, Users can pre-order coffee, food, and drink products (“Product(s)”) available at that Location via the Platform and pay in advance using available payment methods. Users can then pick up their order (“Product Order”) at the respective Location.
(2) The User can select the Products and add them to their cart. The presentation, product description, or promotion of products does not constitute a binding offer to conclude a purchase agreement.
(3) When placing a Product Order, you will be prompted to choose your payment method and enter your payment details on the Platform.
(4) The User submits a legally binding offer to purchase the selected Products and enter into a purchase agreement (“Purchase Agreement”) by clicking the "Place order" button or another corresponding button with a clear and unambiguous wording in the Product Order.
(5) After receiving your Product Order, LAP Coffee will send an electronic confirmation of your Product Order. The confirmation of receipt of the Product Order merely documents that LAP Coffee has received the User's Product Order and does not constitute acceptance of the offer.
(6) If we accept your offer, we will send you an electronic acceptance of your offer after or in conjunction of confirming your Product Order. The acceptance of the Product Order is subject to availability, and we reserve the right to cancel or reject a Product Order at our discretion. LAP Coffee will provide the User with a confirmation of the Purchase Agreement (consisting of the purchase receipt/invoice and applicable Terms), in a durable medium such as via email. The text of the underlying Purchase Agreement will be stored by LAP Coffee in accordance with applicable data protection laws.
(7) Once the User has placed a Product Order, the Product Order cannot be cancelled by the User unless such a right is provided in the Purchase Agreement and/or by applicable law. If the User is a consumer as defined in § 13 BGB, any potential right of withdrawal remains unaffected in accordance with Section IV.4.
(8) LAP Coffee is entitled to reject the User's order, for example, if (i) the User violates these Terms during the Product Order, (ii) payment for the Product Order is not received from the User, (iii) the User is unlikely to be at the Location, or (iv) there are reasonable doubts about the accuracy, seriousness, or authenticity of the Product Order.
(9) Carefully check your selection before submitting your Product Order. You can review and modify the details of your Product Order at any time before placing it.
(10) We may use ingredients and additives in our foods and drinks that could cause allergies or intolerances. If you have any food allergies, we recommend contacting the designated Location for current allergen information before placing a Product Order.
(11) On the Platform, Users have the option to assign a tip to the person at the Location preparing their Product Order. The tip is a voluntary payment from the User, with no obligation, which LAP Coffee will forward to the recipient accordingly. Once the tip is assigned and the Product Order is placed, the User cannot cancel or request a refund of the assigned tip.
(12) Users must select a designated Location for pickup when placing the Product Order. The estimated pick-up time will be displayed during checkout.
(13) While we aim to prepare orders on time, delays may occur. All pickup times provided to the User are only estimated times. There is no guarantee that the Product Order will be available for pickup, or ready for consumption at the estimated time.
(14) LAP Coffee may take measures to identify the User when providing the ordered Products at the pickup Location. If the User does not collect the ordered Products within the specified pick-up time, LAP Coffee may withdraw from the affected Purchase Agreement. LAP Coffee is entitled to claim any resulting costs from the Customer.
2. Gift cards
(1) You can purchase a LAP Coffee gift card (“Gift Card(s)”) on the Platform by following the instructions provided on the Platform.
(2) The User can choose Gift Cards with varying cash values. The presentation, product description, or promotion of Gift Card does not constitute a binding offer to conclude a purchase agreement.
(3) When placing a Gift Card order (“Order”), you will be prompted to choose your payment method and enter your payment details on the Platform.
(4) User submits a legally binding offer to purchase the selected Gift Card(s) and enter into a purchase agreement (“Purchase Agreement”) by clicking the "Pay" button or another corresponding button with a clear and unambiguous wording in the Order.
(5) After receiving your Order, LAP Coffee will send an electronic confirmation of your Order. The confirmation of receipt of the Order merely documents that LAP Coffee has received the User's Order and does not constitute acceptance of the offer.
(6) If we accept your offer, we will send you an electronic acceptance of your offer after or in conjunction of confirming your Order. The acceptance of the Order is subject to availability, and we reserve the right to cancel or reject an Order at our discretion. LAP Coffee will provide the User with a confirmation of the Purchase Agreement (consisting of the purchase receipt/invoice and applicable Terms), in a durable medium such as via email. The text of the underlying Purchase Agreement will be stored by LAP Coffee in accordance with applicable data protection laws.
(7) Once the User has placed an Order, the Order cannot be cancelled by the User unless such a right is provided in the Purchase Agreement and/or by applicable law. If the User is a consumer as defined in § 13 BGB, any potential right of withdrawal remains unaffected in accordance with Section IV.4.
(8) LAP Coffee is entitled to reject the User's order, for example, if (i) the User violates these Terms during the Order, (ii) payment for the Order is not received from the User.
(9) Carefully check your selection before submitting your Order. You can review and modify the details of your Order at any time before placing it.
(10) Gift Cards can be redeemed through our App, where the amount will be credited to the User’s Credit balance (see Section II.9.), or directly at our Locations for the purchase of Products.
(11) To redeem a Gift Card in the App, Users must register an Account and input the Gift Card code.
(12) Gift Cards are non-refundable. They cannot
• be exchanged for cash, except where required by law,
• transferred or resold,
• topped up,
• used to purchase other Gift Cards,
• used in conjunction with cash,
• be used in conjunction with any promotional codes or discount vouchers.
(13) If the value of your purchase is less than the value of your Gift Card, the remaining balance will stay on the Gift Card and can be used for future purchases of Products.
(14) If the value of your purchase exceeds the value of the Gift Card, the remaining balance can be paid using another accepted payment method.
(15) If no expiration date is specified on the Gift Card, it will remain valid for 3 years from the purchase date. After this period, any remaining balance will be forfeited unless required by law.
(16) We reserve the right to cancel Gift Cards or refuse redemption if we suspect fraud, misuse, or a violation of these Terms.
(17) We are not responsible for lost, stolen, or unauthorized use of Gift Cards.
3. Payment Terms
(1) The User pays the agreed purchase price as per the Purchase Agreement. The User’s payment obligation arises upon the conclusion of the respective Purchase Agreement.
(2) The prices indicated on the Platform include the applicable VAT.
(3) The User can fulfil their payment obligation under the Purchase Agreement only by using one of the payment methods available in the Platform. The User will be informed about the available payment methods on the Platform.
4. Withdrawal
(1) The User cannot revoke a (Product) Order with LAP Coffee, as far as the delivery of goods is concerned:
• where the goods 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 (§ 312g (2) no. 1 BGB);
• where the goods can spoil quickly or whose expiry date would be exceeded quickly (§ 312g para. 2 no. 2 BGB);
• which for reasons of health protection or hygiene, the goods are not suitable for return if their seal has been removed after delivery (§ 312g para. 2 no. 3 BGB);
• if the goods were inseparably mixed with other goods after delivery due to their nature (§ 312g para. 2 no. 4 BGB).
(2) For the part of the (Product) Order which does not fall under the exclusion facts mentioned above, the User is entitled to a right of withdrawal insofar as the User is a consumer within the meaning of § 13 BGB.
Instructions on withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days, without giving any reason.
The withdrawal period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise the right of withdrawal, you must inform us,
Micro Retail Technologies MRT GmbH
Rosenthaler Straße 13
10119 Berlin
E-Mail: [email protected]
of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or an e-mail). You may use the attached model withdrawal form, but it is not mandatory. If you use this option, we will communicate to you an acknowledgement of receipt of such withdrawal on a durable medium (e.g., by email) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you all payments received from you, including delivery costs (except for the additional costs arising if you have chosen a different type of delivery than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notice of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the initial transaction unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.
You will bear the direct cost of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
LAP Coffee informs about the model withdrawal form in accordance with legal regulations as follows:
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
To:
Micro Retail Technologies MRT GmbH
Rosenthaler Straße 13
10119 Berlin
E-Mail: [email protected]
I/We (*) hereby withdraw from the contract concluded by me/us (*) concerning the purchase of the following goods/provision of the following service (*):
___________________________________________________________________
Ordered on (*) / Received on (*):
___________________________________________________
Name of consumer(s):
___________________________________________________
Address of consumer(s):
_______________________________________________________________________________________________________
Signature of consumer(s) (only if notification is on paper))
Date:
(*) Delete as appropriate.
*End of withdrawal notice*