General Terms and Conditions

General Terms and Conditions and Customer Information

 

I. General Terms and Conditions

§ 1 Scope and Definitions

 

(1) These General Terms and Conditions of Sale (hereinafter referred to as ‘GTC’) apply to all contracts concluded via our online shop for the sale of goods between us, C. Josef Lamy GmbH, registered in the commercial register of the Mannheim Local Court under HRB 330194, represented by the managing director, and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.

(2) The business relationship between you and us is governed exclusively by these GTC in the version valid at the time of the order. Deviating general terms and conditions of the customer will not be recognised unless we expressly agree to their validity in writing.

§ 2 Conclusion of contract

(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract.

(2) By submitting an order via the online shop by clicking on the ‘order with obligation to pay’ button, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order in accordance with § 3 remains unaffected.

(3) We will immediately confirm receipt of your order placed via our online shop by email. Such an email does not constitute a binding acceptance of the order unless it declares acceptance in addition to confirming receipt.

(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.

(5) We can only accept orders for deliveries abroad if they meet a minimum order value. You can find the minimum order value in the price information provided in our online shop.

(6) If it is not possible to deliver the goods you have ordered, for example because the goods are not in stock, we will refrain from issuing a declaration of acceptance. In this case, no contract is concluded. We will inform you of this immediately and refund any payments already received without delay.

 

§ 3 Delivery and availability of goods

(1) We are entitled to make partial deliveries, provided this is reasonable for you.

(2) Our stated delivery times are calculated from the time the order overview is sent, provided that the purchase price has been paid in advance (except for purchases on account). If no delivery time or a different delivery time is specified for the respective goods in our online shop, the delivery time is approximately 5 days.

(3) We only deliver to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, Switzerland, Netherlands, Spain, UK.

(4) If there are reasonable grounds for a risk of payment default, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). In the case of advance payment, the delivery period shall commence, in deviation from § 3 (2) sentence 1 of these General Terms and Conditions, upon payment of the purchase price and shipping costs.

(5) We are not responsible for delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which we could not have prevented even with due care (this includes, in particular, strikes, official or court orders,

COVID-19 and other pandemics, and cases of incorrect or improper self-supply despite covering transactions to that effect), for which we are not responsible. They entitle us to postpone delivery for the duration of the hindering event.

 

§ 4 Individually designed goods

(1) In the case of individually designed goods, you shall provide us with the appropriate information, texts or files required for the design of the goods via the online ordering system or by email at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this connection.

(3) We do not check the transmitted data for correctness and therefore accept no liability for errors.

(4) If the goods are customised, you are not entitled to a right of withdrawal in accordance with § 12. The exchange of customised goods is excluded. This does not affect your statutory warranty rights due to defects in the writing instrument or the engraving itself.

 

§ 5 Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

§ 6 Prices and shipping costs

(1) All prices stated in our online shop include the applicable statutory value added tax, but exclude any shipping costs.

(2) The shipping costs incurred will be displayed in the order overview and are to be borne by you, unless you exercise your right of withdrawal.

(3) The goods will be shipped by post. If you are a consumer, we bear the shipping risk.

(4) If you effectively revoke your contractual declaration, you may, under the statutory conditions, demand reimbursement of any shipping costs already paid (see § 12 for other consequences of revocation).

 

§ 7 Payment methods and invoicing

(1) You can make payment via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (‘Klarna’), or via PayPal (Europe) S.à r.l. et Cie, S.C.A., Boulevard Royal 22-24, 2449 Luxembourg (‘PayPal’).

(2) When paying via Klarna, we offer you the following payment options: instant bank transfer and credit card. Further information and Klarna's terms of use can be found at cdn.klarna.com/1.0/shared/content/legal/terms/0/en_de/user.

(3) When paying via PayPal, we reserve the right to check the validity of the PayPal account to ensure that there are sufficient funds to cover the purchase price and to confirm the buyer's billing address details. The corresponding amount will be displayed immediately on your PayPal account, but will only be charged once the goods have been dispatched from the warehouse. We reserve the right to refuse a purchase via PayPal. Further information and the terms of use of PayPal can be found at www.paypal.com/de/webapps/mpp/ua/useragreement-full.

(4) You can change the payment method stored in your user account at any time.

(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, you will be in default if you miss the deadline. In this case, you will be required to pay default interest at a rate of 5 percentage points above the base rate for the year.

(6) Your obligation to pay default interest does not exclude us from asserting further claims for damages caused by default.

(7) Invoices are issued on the basis of the data provided by the customer during the ordering process. The customer is obliged to check the invoice address and any company details for accuracy and completeness before completing the order.

(8) A subsequent change to the billing address or a transfer of the invoice to another person or company, in particular from a private individual to a company or vice versa, is generally excluded after conclusion of the contract.

(9) The background to this is, in particular, tax and commercial law requirements for proper invoicing. A subsequent change can therefore not usually be made.

§ 8 Offsetting and right of retention

(1) You are not entitled to offset our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset our claims if you assert complaints or counterclaims arising from the same purchase contract.

(2) As the buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

 

§ 9 Warranty for material defects and guarantee

(1) We shall be liable for material defects and defects of title in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the British Civil Code (BGB). For entrepreneurs, the warranty period for goods delivered by us is 12 months from delivery.

(2) An additional guarantee exists for the goods delivered by us only if this was expressly stated in the order confirmation for the respective item.

 

§ 10 Liability

(1) Our liability is governed by the statutory provisions, whereby fault-based liability – regardless of the legal basis – is subject to the restrictions set out in the following provisions.

(2) We shall only be liable for damages – regardless of the legal basis – (a) for damages resulting from injury to life, limb or health based on a negligent breach of duty by us or an intentional or negligent breach of duty by one of our legal representatives or vicarious agents, and (b) for other damage resulting from a grossly negligent breach of duty on our part or from an intentional or grossly negligent breach of duty by one of our legal representatives or vicarious agents.

(3) In the event of simple negligence, we shall only be liable for damages resulting from the breach of an essential contractual obligation (an obligation whose fulfilment is essential for the proper execution of the contract and on whose fulfilment the contractual partner regularly relies and may rely); in this case, however, our liability shall be limited to compensation for the damage typically occurring and foreseeable at the time of conclusion of the contract.

(4) The limitations of liability under paragraphs 2 and 3 shall not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods, and for your claims under the Product Liability Act.

(5) Otherwise, our liability is excluded.

(6) The limitations of liability resulting from the preceding paragraphs (1) - (5) also apply to third parties and to breaches of duty by persons (including for their benefit) for whose fault we are responsible according to statutory provisions.

(7) In the event of a breach of duty that does not constitute a defect, the buyer may only withdraw from the contract or terminate it if we are responsible for the breach of duty. The buyer's right to terminate the contract at will (in particular in accordance with Sections 650, 648 of the British Civil Code) is excluded. In all other respects, the statutory requirements and legal consequences apply.

 

§ 11 Copyright

We hold the copyright to all images, films and texts published in our online shop. The use of images, films and texts is not permitted without our express consent.

 

§ 12 Cancellation policy

(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions. Exceptions to the right of withdrawal are regulated in paragraph (2). A sample withdrawal form can be found in paragraph (3).

Cancellation policy

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 goods. To exercise your right of withdrawal, you must inform us, C. Josef Lamy GmbH, Grenzhöfer Weg 32, 69123 Heidelberg, of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires. Consequences of withdrawal If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

We may refuse to refund 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 or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.

You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties and functionality.

(2) The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

(3) We provide information about the model withdrawal form in accordance with the statutory provisions as follows:

Model withdrawal form

(If you wish to withdraw from the contract, please fill out this form and return it to us.)

— To C. Josef Lamy GmbH, Grenzhöfer Weg 32, 69123 Heidelberg:

— I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

— Ordered on (*)/received on (*)

— Name of the consumer(s)

— Address of the consumer(s)

— Signature of the consumer(s) (only for paper notifications)

— Date (*)

Delete as appropriate

 

§ 13 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed your order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and have your registered office in Germany at the time of ordering, the exclusive place of jurisdiction is our registered office and thus Heidelberg. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.

 

§ 14 Final provisions

Even if individual points of the contract are legally invalid, the remaining parts of the contract remain binding. The invalid points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall become invalid in its entirety.