LAP GmbH: General Terms and Conditions of Business

1. Scope

The following General Terms and Conditions of business (hereinafter referred to as “GTC”) of Lapdesign GmbH registered in the Austrian Commercial Register under FN 471723k (hereinafter referred to as “LAP GmbH”), apply exclusively to the acquisition of LAP GmbH products through the company website www.LAPDesign.eu or via authorized dealers. The GTC are valid in their current version at the time of purchase and are accessible through the homepage. By using the homepage, you fully and unconditionally accept and agree to these GTC. If you do not agree to them, please do not use the homepage. LAP GmbH reserves the right to revise these GTC at any time by updating this page. By using the homepage, you agree to be bound by any such changes.

2. Condition of the contract
   • Assuming the cost of the product order leads to the conclusion of the contract and an implicit acknowledgment of the GTC.
   • The presentation of products (hereinafter referred to as “Goods”) in the online shop is not a legally binding offer but an invitation to place an order.
3. Contracting Parties
   • The contract is concluded between LAP GmbH and the Customer (hereinafter referred to as “Customer”), whereas the GTC form an integral part of the contract.
   • Consumers within the meaning of the GTC are natural persons who enter into a legal transaction with LAP GmbH, for a purpose that can neither be attributed to their commercial or professional activity (hereinafter referred to as “Consumer”).
4. Pricing

Product prices are disclosed upon request and are to be understood as the net price. Any delivery and transportation costs are determined by the size and weight of the product and are not included as part of the net price. No liability is assumed for changes in delivery costs due to unforeseen events during the transportation process. In addition, all duties, import taxes and associated fees and costs will be the sole responsibility of the customer.

5. Payment Methods

LAP GmbH only accepts payments in the Euro currency (hereinafter referred to as “EUR”) in the form of credit cards  including Visa, Master Card, Amex and Diners Club; a direct transfer; a PayPal transaction or a transaction via alibaba.com Secure Payment, as stipulated during the course of concluding the contract.

6. Notice of defects (review of Goods received)

In case the Customer is not a Consumer (as set out in Clause 3.1), he must report the correctness and integrity of the product, or any existing defects, immediately upon receipt. Should the customer neglect to file a complaint regarding discrepancies or faults, freedom from defect will be assumed by default upon acceptance of the product.

Please note that variations might occur from product to product as each item is unique and made in nature; thus, slightly differing characteristics are to be both expected and appreciated.

7. Warranty

The right of the customer to file a warranty claim expires following the lapse of two years from the product receipt date. If the Customer is not a Consumer, LAP GmbH accepts no liability for defects which could have been detected by the customer upon initial receipt of the Goods (Clause 6.), nor those which were not reported immediately after discovery (or within the warranty period).

The right to warranty is invalidated in cases where non-professional, non-expert and non-stipulated manipulation of the product has occurred.

The warranty for Customers who are Consumers is governed by the statutory provisions.

8. Exchanges and returns

Within the EU: In accordance with EU law, EU customers have the right to cancel or withdraw from an order within 14 days of receipt. The customer assumes responsibility for all return shipping costs. The use of a fully insured shipping service is mandatory.

In cases where pre-existing defect is cited, such defects must be reported immediately upon receipt and supporting evidence may be requested as proof. Such complaints will be dealt with on a case by case basis.

Outside the EU: Orders placed by parties outside of the EU can be canceled within 24 hours of being submitted. Exchange or return of products is not possible except in cases of reported and proven pre-existing defect.

No returns will be accepted for customized special orders; all custom orders are a final sale.

9. Liability
   • Liability is limited to intent and gross negligence.
   • Claims of the Customer, who is not a Consumer, for damages shall be forfeited six months after knowledge of the damage and in any case three years after the Agency’s infringement. Claims for damages shall be limited to the net contract value.
10. Withdrawal
    • In case the Customer is a Consumer, he has the right to cancel the contract within fourteen days without giving a reason. The revocation period of fourteen days starts on the day on which you or a third party named by you, other than the carrier, have taken physical possession of the Goods.
    • The Consumer exercising his or her right to withdraw from the contract has to return the delivered Goods to LAP GmbH at his or her own expense.
    • In case the Consumer revokes the contract, LAP GmbH will refund all payments, excluding delivery costs and payment fees (credit card and Paypal). For this repayment, LAP GmbH will use the same method the Consumer used in the original transaction. LAP GmbH may refuse reimbursement until the Goods have been received. Returns will be processed within one week of receipt by LAP GmbH. Please note that the length of time for a refund to be issued may vary depending on your card issuer.
    • The right to withdraw from the contract is excluded in case the Goods were tailored according to the Consumer’s specifications.
11. Retention of Title

Title to the Goods shall remain vested in LAP GmbH and shall not pass to the Customer until the purchase price for the Goods has been paid in full and received by LAP GmbH.

12. Guarantee

LAP GmbH reserves the right to grant longer warranty periods than those described under Clause 7. (guarantee). These guarantees are subject to the terms and time limits specified in the individual contract.

In the absence of statements to the contrary in the guarantee terms, the terms of clauses 5 and 6 shall apply to the customer’s duty to inspect and file a complaint.

In the event of a replacement of the product, specific warranty periods will not start anew.

13. Cookies policy
14. Data Protection

For the fulfillment and handling of the contract, specified personal information of the Customer (such as name, e-mail address, mailing address and bank data) are used. The Customer gives his consent to the use of the data in accordance with Clause 13.1 of the GTC. This consent can be revoked in writing at any time.

15. Applicable Law and Jurisdiction

Austrian law is solely applicable. Court of jurisdiction is Vienna, if the Customer is not a Consumer