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 "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 District Court of Mannheim, Germany under HRB 330194, represented by the Managing Director, and you our customer. These General Terms and Conditions apply regardless of whether you are a consumer, entrepreneur or merchant. 
(2) The business relationship between you and us is exclusively governed by these General Terms and Conditions in the version valid at the time of the order. Any deviating General Terms and Conditions provided by the customer shall not be accepted unless we expressly agree to their validity in writing. 

§ 2 Conclusion of Contract 

(1) The presentation and promotion of products 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 "pay and submit order" button you are entering into a legally binding agreement. You are bound to this agreement for a period of two (2) weeks following the placement of the order; your right to cancel your order under Section 3 remains unaffected.
(3) You will immediately receive an email confirming the receipt of your order placed via our online shop. This email does not constitute a binding acceptance of the order unless it also confirms receipt as well as declares acceptance.
(4) A contract shall not come into effect until we accept your order by a declaration of acceptance or by delivering the ordered items.
(5) We only accept orders for international shipments if the order is above a certain value. The minimum order value can be found under the price information provided in our online shop.
(6) If the delivery of the goods you have ordered is not possible, for example if the corresponding goods are not in stock, we shall be obliged to cancel the order. In this case, there exists no conclusion of contract. We shall inform you of this immediately and refund any payment already received.

 § 3 Shipping and Product Availability 

(1) We are entitled to make partial deliveries as long as this is deemed acceptable for you. 
(2) Our indicated shipping times are calculated from the time of sending the order confirmation, provided that the purchase price has been paid in advance (except in the case of purchase on account). If no or no other shipping time has been specified for the respective products in our online shop, the estimated time is 5 days. 
(3) We only ship to customers who have their habitual residence (billing address) in one of the following countries and can provide a shipping address in the same country: Germany, Austria, Switzerland, Spain, Netherlands, UK. 
(4) If there are reasonable grounds for suspecting a risk of non-payment, we reserve the right to ship the order only once the purchase price plus shipping costs has been paid in full (subject to advance payment). In case of advance payment, the shipping period begins, contrary to § 3 clause 2 sentence 1 of these Terms and Conditions, upon payment of the purchase price and shipping costs. 
(5) We are not responsible for shipping delays and performance due to force majeure and due to extraordinary and unforeseeable events which could not have been prevented even with due care (this includes but is not limited to: strikes, official or court orders, COVID-19 and other pandemics and cases of incorrect or insufficient stocks despite a hedging transaction to that effect). You grant us the right to postpone shipping for the duration of the hindering event. 

§ 4 Custom Products 

(1) In the case of custom-designed products, you shall provide us with the appropriate information, text or files required for the design of the goods via the online ordering system or, at the latest, by email immediately after conclusion of the contract. Our specifications regarding file formats must be observed. 
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming and trademark rights) or violates existing laws. You expressly release us from all claims asserted by third parties in this regard. This also applies to any legal fees required in this context. 
(3) We do not check the transmitted data for accuracy of content and therefore assume no liability for errors. 
(4) Custom-made products are exempt from the right of withdrawal according to Section 12. There are no returns or exchanges on customised products. This does not affect your statutory warranty rights due to defects related to 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 all applicable statutory sales tax (VAT) but exclude the cost of shipping. 
(2) Any shipping costs incurred shall be indicated in the order overview and are to be borne by you unless you exercise your right of withdrawal. 
(3) The order shall be dispatched by post. If you are a consumer, we bear the shipping risk. 
(4) If you effectively revoke your contractual declaration, you can, according to the statutory conditions, demand reimbursement of any costs already paid for delivery (shipping costs) (see Section 12 for other consequences of order cancellation). 

§ 7 Payment Methods 

(1) Payment can be made 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 the following payment options: instant bank transfer or credit card. For more information and Klarna's terms of use, please visit cdn.klarna.com/1.0/shared/content/legal/terms/0/en/user. 
(3) When paying via PayPal, we reserve the right to check the validity of your PayPal account to determine whether there are sufficient funds to cover the purchase price and to confirm the details of the buyer's billing address. The corresponding amount will appear immediately in your PayPal account, but will not be charged until the contents of your order have been dispatched from our warehouse. We reserve the right to refuse a purchase via PayPal. For more information and PayPal's terms of use, please visit www.paypal.com/en/webapps/mpp/ua/useragreement-full. 
(4) You may change the payment method saved under 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 shall be considered in arrears simply by missing the deadline. In this case, you shall have to pay interest on any late payments for that year at a rate of 5 percent above the base interest rate. 
(6) Your obligation to pay default interest does not exclude us from claiming further damages for non-payment. 

§ 8 Set-off and Right of Retention 

(1) You are not entitled to set off against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if there exist complaints regarding product defects or counterclaims arising from the same purchase contract. 
(2) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract. 

§ 9 Warranty and Guarantee for Material Defects 

(1) We are liable for any material and legal defects in accordance with the applicable statutory provisions, in particular Sections 434 of the German Civil Code. For businesses, the warranty period for goods delivered by us is 12 months from delivery. 
(2) An additional warranty for goods delivered by us only exists for the respective item if this was expressly stated in the order confirmation. 

§ 10 Liability 

(1) Our liability is governed by statutory provisions, whereby liability based on fault – on whatever legal grounds – is subject to the restrictions set out in the following provisions. 
(2) We shall only be liable for damages – on whatever legal grounds – (a) resulting from loss of life, bodily injury or damage to one's health that are 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) that are based on a grossly negligent breach of duty by us or on 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 a breach of an essential contractual obligation (an obligation whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner relies on, and may rely on, regularly); in this case, however, our liability is limited to compensation for any foreseeable damages typically appearing upon conclusion of the agreement. 
(4) The limitations of liability according to paragraphs 2 and 3 do not apply if we have fraudulently concealed a defect or have provided a warranty for the quality of the goods and for your claims under the Product Liability Act. 
(5) Otherwise, we are legally exempt from any liability. 
(6) The limitations of liability resulting from the above paragraphs (1) - (5) also apply to third parties and in the event of breaches of duty by persons (including in their favour) whose faults we are legally responsible for. 
(7) The buyer may only withdraw or terminate the contract due to a breach of duty that does not constitute a defect if we are responsible for that breach of duty. The buyer is not entitled to freely terminate the contract (in particular in accordance with Sections 650, 648 of the German Civil Code). Otherwise, any statutory requirements and legal consequences apply. 

§ 11 Copyrights 

We own 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 Right of Withdrawal 

(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to any commercial or independent professional activity), you have the right to withdraw from a purchase contract in accordance with any statutory provisions. Exceptions to the right of withdrawal are outlined in Paragraph 
(2). A sample cancellation form may be found under Paragraph 
(3). Right of Withdrawal 
Right of withdrawal 
You have the right to withdraw from this contract within fourteen days without giving providing a reason. The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must inform us, C. Josef Lamy GmbH, Grenzhöfer Weg 32, 69123 Heidelberg, in writing (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the attached sample cancellation form, although this is not mandatory. To meet the cancellation deadline, your written declaration regarding your exercising your right of withdrawal must be submitted before the cancellation period has expired. 
Consequences of cancellation 
If you cancel this contract, we shall refund all payments received from you, including shipping costs (with the exception of additional costs resulting from your choice of a type of shipping other than the cheapest standard shipping offered by us), promptly and within fourteen days at the latest from the day on which we received notification of your withdrawal from this contract. For this refund, we shall use the same method of payment that you used for the original transaction, unless otherwise agreed; under no circumstances shall you be charged any fees for this refund.
We may refuse to process the refund until we have received the goods or until you have provided evidence that you have shipped the goods, whichever comes first. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is considered met if you ship the goods before the end of the fourteen-day period. You shall bear the cost of return shipping. You shall only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods beyond that which is required to check their quality, properties and function. 

(2) The right of withdrawal does not apply to contracts for the delivery of goods which are not ready-made and which involved customised choices or provisions made by the consumer or which are clearly tailored to the personal needs of the consumer. 

(3) In accordance with statutory law, information about the sample cancellation form can be found here: 
Sample Cancellation Form 
(If you wish to cancel the contract, please fill out this form and send it back.) 
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 consumer(s)
— Address of consumer(s)
— Signature of the consumer(s) (only if declaration is on paper)
— Date (*) Delete as applicable 

§ 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 legal jurisdiction made in Sentence 1. 

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

§ 14 Final Provisions 

The contract remains binding in its entirety even if individual points have been deemed legally invalid. Any invalid provisions shall be replaced, where applicable, by statutory provisions. However, the contract shall be deemed invalid in its entirety if it constitutes undue hardship for one of the contracting parties.