Standard business terms
§ 1 Scope and definitions
(1) These General Terms and Conditions of Sale (in the following "GTC") apply to all contracts for the sale of goods concluded via our online store between us, C. Josef Lamy GmbH entered in the Commercial Register of the Local Court of Mannheim 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 are not recognized unless we expressly agree to their validity in writing.
§ 2 Conclusion of contract
(1) By offering our products in our online store, we make you a binding offer to conclude a purchase contract under the terms and conditions stated in our online store.
(2) The goods you intend to purchase are placed by you in a "shopping cart". In the "shopping cart" you will find an order overview of the goods you have selected. Before submitting your order, you can view and change the data at any time via the corresponding button in the navigation bar. After entering your personal data, the payment and shipping terms, you declare the legally binding acceptance of the offer (order) via the button "Order with costs" and accept our terms and conditions, whereby the contract is concluded.
(3) If you want to use an instant payment system (e.g. PayPal/PayPal Express, Amazon Payments, immediate transfer) as a payment method, you will be redirected to the website of the payment system. There you make the appropriate entries of your data and are then redirected back to our online store.
(4) We will then send you an automatic order summary by e-mail, in which your order is listed again and which you can print out using the "Print" function.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
(6) The contract is concluded in German language.
§ 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 of sending the order overview, prior payment of the purchase price provided (except for purchase on account). If no or no deviating delivery time is specified for the respective goods in our online store, it is 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) In case of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price and shipping costs (advance payment reservation). In the case of advance payment, the delivery period begins, in deviation from § 3 heel 2 sentence 1 of these GTC, with payment of the purchase price and the shipping costs.
(5) We shall not be 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 by exercising due diligence (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 this effect). They entitle us to postpone the delivery for the duration of the impeding event.
§ 4 Goods designed individually
(1) In the case of individually designed goods, you shall provide us with the suitable information, texts or files required for the design of the goods via the online ordering system or by e-mail no later than 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, rights to a name, trademark rights) or violates existing laws. You expressly release us from all claims asserted by third parties in this context. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and therefore assume no liability for errors.
(4) If the goods are individualized, you do not have the right of revocation 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 shipping. 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 notices of defects or counterclaims from the same purchase contract.
(2) As a buyer, you may only exercise a right of withdrawal if your counterclaim arises from the same purchase contract.
§ 9 Warranty for material defects and guarantee
(1) We shall be liable for material and legal deficiencies in accordance with the applicable statutory provisions, in particular §§ 434 cont. BGB (German Civil Code). Towards 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 given 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 forth 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 fulfillment assistant and (b) for other damages which 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 fulfillment assistant.
(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 a prerequisite for the proper execution of the contract and on whose fulfillment the contractual partner regularly relies and may rely); in this case, however, our liability shall be limited to compensation for the damage foreseeable at the time of conclusion of the contract and typically occurring.
(4) The limitations of liability according to paragraphs 2 and 3 shall not apply if we have fraudulently concealed a defect or have given a guarantee for the quality of the goods, and to your claims under the Product Liability Act.
(5) Otherwise, our liability is excluded.
(6) The limitations of liability resulting from the above paragraphs (1) - (5) shall also apply to third parties as well as in the event of breaches of duty by persons (also in their favor) whose fault we are responsible for according to statutory provisions.
(7) Due to a breach of duty which does not consist of a defect, the purchaser may only withdraw from or terminate the contract if we are responsible for the breach of duty. A free right of termination of the purchaser (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 heel (2). In heel (3) you will find a sample revocation form.
Cancellation policy
Right of withdrawal
You have the right to withdraw 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 or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us, C. Josef Lamy GmbH, Grenzhöfer Weg 32, 69123 Heidelberg by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen another type of delivery than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the withdrawal of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs 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 the handling of the goods that is not necessary for the inspection of the condition, properties and functioning of the goods.
(2) The right of revocation 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 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 thus Heidelberg. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
§ 14 Final provisions
The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.