TERMS & CONDITIONS
Contractual Partner
Based on these General Terms and Conditions (GTC), a contract is concluded between the customer and LAPEY®, represented by:
Peggy Lange Address: Curtiusweg 14, 20535 Hamburg
hereinafter referred to as the provider.
Subject Matter of the Contract
This contract regulates the sale of new goods in the clothing sector through the provider’s online shop. For details of the respective offer, please refer to the product description on the offer page.
Conclusion of Contract
The contract is exclusively concluded in electronic business transactions via the shop system. The displayed offers constitute a non-binding invitation for the customer to submit an offer through the order, which the provider can then accept.
The order process for the conclusion of the contract in the shop system includes the following steps:
- Selection of the offer in the desired specification (size, color, quantity)
- Adding the offer to the shopping cart
- Clicking the ‘Checkout’ button
- Entering the billing and delivery address
- Choosing the payment method
- Reviewing and processing the order and all entries
- Clicking the ‘Buy’ button
- Confirmation email that the order has been received
The contract is concluded with the dispatch of the order confirmation.
Contract Duration
The contract is concluded for an indefinite period.
Retention of Ownership
Until full payment is received, the delivered goods remain the property of the provider. In the event of the non-availability of the promised service, the provider reserves the right not to provide it.
Prices, Shipping Costs, Return Costs
All prices within the EU are final prices and include the statutory value-added tax.
Please note that outside the EU, additional costs for customs and value-added tax may arise and must be borne by the customer.
If there is a right of withdrawal and it is exercised, the customer bears the cost of return.
The shipping costs are specified in our online shop. The price, including VAT and any shipping costs, is also displayed in the order mask before submitting the order.
Payment Conditions
The customer has the following payment options: credit card (American Express, Mastercard, VISA), Paypal.
Other payment methods are not offered and will be rejected.
A customer’s right of retention not based on the same contractual relationship is excluded.
Offsetting with customer claims is excluded unless they are undisputed or legally established.
Delivery Conditions
The delivery time varies depending on status of order.
As sustainability is very important to us, we will only place a new order with our manufacturer once the total available quantity in our shop has been sold. Therefore, plan enough time. You can track available quantity on the website. When the quantity displays “0”, a new order is placed with the manufacture. From that date on it will take around 8 weeks until you can hold the pants in your hands.
We firmly stand behind the concept of Order-on-demand without excess or waste. We think it’s worth the possible longer waiting time.
The specified delivery times are non-binding and may change under certain circumstances. Any changes to delivery times will be communicated to you during the ordering process. Please note that individual circumstances such as product availability, adjustments, or personalized orders may affect delivery time. We are available to clarify any questions regarding delivery times.
If the provider has a permanent delivery obstacle, especially force majeure or non-delivery by its own suppliers, even though a corresponding cover transaction has been made in a timely manner, the provider has the right to withdraw from a contract with the customer to that extent. The customer will be informed immediately, and received services, especially payments, will be refunded.
Right of Withdrawal and Customer Service
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day you or a third party named by you, who is not the carrier, take possession of the goods.
To exercise your right of withdrawal, you must inform us (LAPEY®, Curtiusweg 14, 20535 Hamburg, Tel: 0151-40382039) by means of a clear statement (e.g., a letter sent by post, fax, or email) about your decision to withdraw from this contract.
You can fill out the withdrawal form and electronically submit it to contact@lapey.style. If you make use of this option, we will promptly (by email) send you a confirmation of receipt of such withdrawal. To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period expires (14 days after receiving the goods).
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (except for the additional costs arising from your choice of a type of delivery other than the standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received notification of your withdrawal from this contract. We will use the same means of payment for this reimbursement as you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.
We may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to us immediately, and in any case, no later than fourteen days from the day on which you informed us about the withdrawal from this contract.
The deadline is met if you send the goods before the period of 14 days has expired. You bear the direct cost of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling them in a way that is not necessary for checking the nature, properties, and functioning of the goods.
You can reach our customer service at: contact@lapey.style.de
We generally respond within 48 hours, but no later than within five working days.
Warranty
Consumers have a statutory warranty right for the offered services according to the relevant provisions of the German Civil Code (BGB). If deviated from, the warranty is governed by the regulations set out in the General Terms and Conditions (GTC).
The provider is granted the right to choose between repair or replacement in the case of rectification, if the goods are new and the customer is a business entity.
This does not apply to customer claims for damages due to injury to life, body, health, or essential contractual obligations that must be fulfilled to achieve the purpose of the contract. This also does not apply to claims for damages resulting from grossly negligent or intentional breach of duty by the provider or its legal representatives or vicarious agents. In all other respects, the statutory regulations apply.
Contract Design
If the customer is a business entity, the risk of accidental loss and/or deterioration of the goods passes to the customer upon handover, or in the case of dispatch, upon delivery of the goods to the selected service provider.
The contract text is stored by the provider.
The customer has the option to access the stored contract text: If they have created an account, they can go to ‘Orders’ in their account. This area is found on the following page: On www.badesofa.de.
Disclaimer of Liability
Claims for damages by the customer are excluded unless something else results from the following reasons. This also applies to the representative and vicarious agent of the provider if the customer asserts claims for damages against them. Excluded are claims for damages by the customer due to injury to life, body, health, or essential contractual obligations, which must be fulfilled to achieve the purpose of the contract. This also does not apply to claims for damages resulting from grossly negligent or intentional breach of duty by the provider or its legal representatives or vicarious agents.
Prohibition of Assignment and Pledge
Claims or rights of the customer against the provider may not be assigned or pledged without the provider’s consent, unless the customer has demonstrated a legitimate interest in the assignment or pledge.
Language, Jurisdiction, and Applicable Law
The contract is written in German. The further execution of the contractual relationship is in German. The law of the Federal Republic of Germany applies exclusively. For consumers, this only applies insofar as no legal provisions of the state in which the customer has his domicile or habitual residence are restricted.
The place of jurisdiction is the registered office of the provider for disputes with customers who are not consumers, legal entities under public law, or public-law special funds.
Severability Clause
The ineffectiveness of a provision of these GTC has no effect on the effectiveness of the other provisions.
Implementation of the ODR Directive
Online dispute resolution according to Art. 14 para. 1 ODR-VO The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.
Note according to § 36 para. 1 No. 2 VSBG: We point out that we do not participate in dispute resolution proceedings before a consumer arbitration board.