Terms and conditions
Validity of conditions
Deliveries, services rendered and offers made are done so on the basis of these general terms and conditions. As such these are valid for all subsequent business transactions, even where this is not again expressly agreed. These conditions are taken as agreed at the latest when the goods or services are received. We herby refuse to recognise any counter confirmation on the part of the buyer with reference to his own general terms and conditions.
Any departure from these terms and conditions will only be valid when the seller confirms such in writing.
All orders done via the Claspgarten E-shop are done with the party that orders and the Claspgarten GmbH.
Orders can be submitted in our online shop directly, by fax or E-mail. The minimum order quantity for retail shops is € 100 and € 70 for end consumers per each order.
The seller’s duty to deliver is suspended when the buyer is in arrears with a payment that remains outstanding.
Where a fixed delivery date cannot be adhered to because the seller is at fault than the buyer is entitled to resign the contract and to refuse acceptance of the performance. Substantial unpredictable breakdowns, failure to comply with delivery dates etc. or acts of God affecting the seller and his suppliers will extend the delivery period accordingly. Any further claims, in particular claims for damages of any sort are ruled out.
All prices are issued in Euros and without VAT. (value added tax)
If your company is in Germany you will be billed including the German VAT (MwSt = 19,0%)
If your company is within the European Union and you have a valid VAT number you will be billed without VAT. If not you will be charged the German VAT of 19,0%
If your company is outside the European Union you will not be charged the VAT. You will be charged instead by your customs office a customs duty and if applicable an import tax. Please refer to your local customs office.
If you are an end consumer / private client and within the European Union, the prices indicated are including the German value added tax (VAT) of 19%.
If you are an end consumer / private client and outside the European Union, the prices indicated are without VAT.
Due to fluctuations in base metal pricing or other reasons and therefore ongoing recalculations all listed prices may change without notice. All prices are quoted in Euros and all payments have to be made in Euros.
All invoices are to be paid in advance by TTM bank wire transfers, via PayPal or credit card. We do accept MasterCard and Visa. If you order from outside the European Union, please understand that we have to add 5 € bank charges if you pay by bank money wire transfer.
We deliver all packages with German Post registered letter or UPS
Any complaints concerning the characteristics or amounts are to be reported immediately, at the latest 7 days after receipt of goods to the seller in writing, quoting the invoice and dispatch number and the description of the product.
It is the responsibility of the buyer to check that the goods are in good condition.
Where a claim has been reported correctly and is justified the seller is bound, within an appropriate period of time to replace the goods.
We will accept returns with in 14 days from receipt of the goods. Please contact us via e-mail to clear out all details.
The seller’s liability on account of delay in performing the contract is regulated by the rules of No.2 of the general terms and conditions. Liability for compensation instead of performance is not applicable.
Where the seller breaches a duty elsewhere in the contractual obligation the liability only covers a breach of duty fundamental to the contract.
Reservation of ownership
The goods will remain the property of the seller until the buyer has met all his obligations towards the seller concerning past, present and future business transactions.
Place of performance, place of jurisdiction, partial invalidity
Place of performance in the case of delivery is the seller´s corresponding dispatch centre, in the case of payment his registered office.
The place of jurisdiction is for all disputes Kaufbeuren/Germany. The laws governing the Federal Republic of Germany will be applied to all orders.
In the event that any individual provisions of these terms and conditions for sale and delivery prove to be invalid, either in part or in their entirety, this will have no effect on the validity of the other provisions.
Photos and Sales material
Permission is granted to use photos, digital material, sales material of Claspgarten and the Claspgarten website only to active qualified customers of Claspgarten GmbH. All the pictures and other information material used remain intellectual property of the Claspgarten GmbH.
Place of fulfilment and jurisdiction
Place of fulfilment and jurisdiction is the city of Kaufbeuren/Germany.
As of 10.04.2013 Kaufbeuren, Claspgarten GmbH