I. General Terms and Conditions

§ 1 Scope of application and definitions

(1) These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) apply to all contracts concluded via our online store for the sale of goods between us, C. Josef Lamy GmbH, registered in the Commercial Register of 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 shall be governed exclusively by these GTC in the version valid at the time of the order. Deviating general terms and conditions of the customer shall not be recognized unless we expressly agree to their validity in writing.

§ 2 Conclusion of contract

(1) The presentation and advertising of items in our online store does not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online store by clicking the button “order with obligation to pay”, you place 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 by this.
(3) We will immediately confirm receipt of your order placed via our online store by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.
(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 from a minimum order value. The minimum order value can be found in the price information provided in our online store.
(6) If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we will not issue a declaration of acceptance. In this case, a contract is not concluded. We will inform you immediately and refund any payments already received without delay.

§ 3 Delivery and availability of goods

(1) We are entitled to make partial deliveries insofar as this is reasonable for you. 
(2) Our stated delivery times are calculated from the time the order overview is sent, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in our online store, it is approx. 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, UK. 
(4) If there are justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (reservation of prepayment). In the case of advance payment, the delivery period shall commence upon payment of the purchase price and shipping costs, in deviation from § 3 para. 2 sentence 1 of these GTC. 
(5) We are not responsible for delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which could not have been prevented by us 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 a covering transaction to this effect). They entitle us to postpone delivery for the duration of the impeding event.

§ 4 Goods designed individually

(1) In the case of individually customized 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 e-mail 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, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this context. This also applies to the costs of any legal representation required in this context. 
(3) We do not check the transmitted data for correctness of content and in this respect accept no liability for errors. 
(4) If the goods are individualized, you have no right of withdrawal according to § 12. The exchange of individualized goods is excluded. This does not affect your statutory warranty rights due to defects in the writing instrument or the engraving itself.

§ 5 Reservation of proprietary rights

Until full payment of the purchase price, the delivered goods remain our property.

§ 6 Prices and shipping costs

(1) All prices stated in our online store are inclusive of the applicable statutory value-added tax, but exclusive of any shipping costs incurred.

(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 revocation.

(3) The shipment of the goods will be made by postal service. 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 costs already paid for shipment to you (costs of delivery) (compare on other consequences of revocation § 12).

§ 7 Payment terms

(1) You may make payment through Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), or through 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: immediate transfer and credit card. For more information and the terms of use of Klarna, please visit https://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 for the purchase amount and confirm the information on the billing address of the buyer. The corresponding amount will appear immediately on your PayPal account, but will not be charged until the goods have been shipped from the 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/de/webapps/mpp/ua/useragreement-full.

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

(5) The payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, you are already in default by missing the deadline. In this case you have to pay and for the year default interest in the amount of 5 percentage points above the base interest rate.

 (6) Your obligation to pay default interest does not preclude us from claiming further damages for default.

§ 8 Offsetting and right of withdrawal

(1) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against 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 §§ 434 ff. BGB. The warranty period for goods delivered by us to entrepreneurs is 12 months from delivery. 
(2) An additional guarantee only exists for the goods delivered by us if this was expressly stated in the order confirmation for the respective article.

§ 10 Liability

(1) Our liability shall be governed by the statutory provisions, whereby liability for fault - irrespective of the legal grounds - shall be subject to the limitations set out in the following provisions. 
(2) We shall only be liable for damages - irrespective of the legal grounds - (a) for damages resulting from injury to life, body or health which 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) for other damages which are based on a grossly negligent breach of duty by us or 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 arising from the breach of a material contractual obligation (obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely); in this case, however, our liability shall be limited to compensation for the damage foreseeable and typically occurring 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) Our liability is otherwise excluded. 
(6) The limitations of liability resulting from the above paragraphs (1) - (5) shall also apply to third parties and in the event of breaches of duty by persons (including in their favor) whose fault we are responsible for in accordance with statutory provisions. 
(7) The Buyer may only withdraw from or terminate the contract due to a breach of duty that does not consist of a defect if we are responsible for the breach of duty. A free right of termination of the Buyer (in particular according to §§ 650, 648 BGB) is excluded. In all other respects, the statutory requirements and legal consequences shall apply.

§ 11 Copyrights

We have copyrights to all images, films, texts that are published in our online store. Any use of the images, movies, texts, is not allowed 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 independent professional activity), you have a right of withdrawal in accordance with the statutory provisions. The exceptions to the right of withdrawal are regulated in paragraph (2).
A sample withdrawal form can be found in paragraph (3).

Cancellation policy / Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal 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, Germany, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample 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 has expired. 

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. 
(2) The right of withdrawal does not apply to contracts for the delivery of goods which 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 inform about the model withdrawal form according to the legal regulation as follows:

Model withdrawal form

(If you want to cancel the contract, please fill out and return this form).

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

— I/we (*) hereby cancel 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 consumer(s) (only in case of paper communication)

— Date(s)

(*) Delete as appropriate

§ 13 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the exclusion of 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 this country shall remain 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 the order, the exclusive place of jurisdiction is our registered office and therefore Heidelberg. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.

§ 14 Final provisions

The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective 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 as a whole shall become invalid.

 These terms are subject to change without prior notice.