1.2.1 The purchase price set out in an offer is binding. Prices quoted to consumers include the statutory rate of VAT.
1.2.2 With regard to customers that are businesses, prices – if not agreed otherwise – are ex works including loading at the works, but excluding shipping costs, costs of packaging and VAT at the statutory rate.
1.2.3 Where no specific agreement has been made, invoices shall be paid in advance and without any deductions. Payment in good time shall be adjudicated on the basis of the date of receipt onto one of the bank accounts designated on the invoice. Submission of a cheque will not constitute payment on time, and will only be considered as a component part of performance. Bills of exchange will not be accepted.
1.2.4 In the case of individual deliveries that have been constructed in accordance with customer specifications, advance payments shall be agreed individually.
1.2.5 If the customer is in arrears with a payment, Delicious By Emma is entitled to declare that all amounts owed to it are due for payment at once, without taking account of due dates otherwise agreed, and to refuse any further performances and/or deliveries as long as these payments have not been made in full. Moreover, Delicious By Emma may claim the statutory rate of interest on all late payments. If Delicious By Emma provides evidence of damages as a result of delayed payment over and above the reate of interest, Delicious By Emma is entitled to claim the respective damages, unless the customer proves that Fischer Panda GmbH did not suffer any or only suffered less damage as a result of late payment.
1.2.6 A right to a set-off may only be invoked by the customer if the respective counter-claims have been bindingly ascertained at a court of law, are undisputed or admitted by Delicious By Emma. If the customer is a business, it may only assert rights of retention, if the respective counter-claim stems from the same contract, is undisputed or has been bindingly ascertained at a court of law.