2. All agreements are only binding for us if they are confirmed by us in writing. Verbal collateral agreements are excluded. The confirmation of this order received by you shall only be valid with regard to the number of pairs and the possibility of delivery to the extent that we ourselves are able to provide all necessary raw and finished materials. Difficulties with raw materials shall release us from delivery, increases in the cost of raw materials shall entitle us to increase prices even after the acceptance of the order.
3. All prices are quoted ex-warehouse Küps, including packaging unless expressly confirmed otherwise. Shipments are always for the account and at the risk of the recipient and will only be insured upon express request. Delivery to Germany, Austria, and Benelux is "free of charge" from € 350.- order value per the delivery date. Other countries on request.
If the order value is less than € 100.-, a minimum quantity surcharge of € 10.- will be charged.
4. in case of not in time received divisions according to the agreement or after request, we reserve ourselves article changes and delivery possibilities expressly.
5. we are entitled to make all deals and orders in partial deliveries.
6. the delivery times indicated by us are non-binding. Events of force majeure shall release us from compliance with the delivery times, but shall not entitle the purchaser to withdraw from the purchase. The purchaser's right to withdraw from the contract shall only become effective if the purchaser grants a reasonable period of grace in writing, which must be at least 14 working days, the observance of which has been acknowledged by the seller once again, but which has otherwise been missed.
7. in case of justified complaints, the seller has the right to send replacement pairs free of defects as soon as possible. Justified complaints must be made immediately upon arrival of the goods. After the expiration of three (3) days, complaints are no longer admissible. The delivery bill shall be enclosed with the complaints. The goods complained about may be returned only with the Seller's approval; returns sent freight collect will not be accepted.
8. price reduction or compensation, set-off as well as assertion of lien and retention rights against us is inadmissible. We shall not be liable for claims for damages due to non-delivery or delayed delivery or for other reasons. Liability due to intent or gross negligence remains unaffected.
9. the terms of payment are noted in each case under offers and invoices. Unless otherwise agreed, payments must be made before dispatch of the goods when the invoice is issued. Otherwise, our invoices are payable - if we have concurring information - 10 days to the present day. All invoices are due and actionable after this period. In the event of late payment, the purchaser undertakes to pay interest at a rate of 9% above the applicable prime rate of the Deutsche Bundesbank (§ 288 (2) BGB). The assertion of further claims due to default of payment remains reserved to Brütting & Co. EB-Sport International GmbH and GEKA-Sport GmbH respectively. The purchaser shall be in default if it responds to a reminder from Brütting & Co. EB-Sport International GmbH or GEKA-Sport GmbH after the due date for payment. Irrespective of this, the purchaser shall be in default if it fails to pay by the due date specified in the contract or invoice issued by Brütting & Co. EB-Sport International GmbH or GEKA-Sport GmbH on a date specified in the calendar. The statutory provision according to which the Buyer is also automatically in default thirty (30) days after receipt of an invoice remains unaffected. The receipt of an invoice shall be accepted no later than three (3) days after the invoice was sent.
10. Acceptance of payments shall be subject to the terms and conditions in effect at the time of payment. Acceptable means of payment are bank transfers and domestic checks, which may not be postdated. Cheques will only be credited subject to correct receipt and will only be considered as payment after they have been cashed.