1. Applicability
The following Terms and Conditions (T&Cs) apply to all orders placed via our website. The offer on this website is aimed exclusively at buyers residing in Switzerland and the Principality of Liechtenstein (hereinafter “customer”).
A consumer is a natural person who maintains business relations with Keller’s Kitchen that cannot be attributed to their commercial or independent professional activity. Orders in non-household quantities can be rejected without justification.
Keller’s Kitchen reserves the right to change these T&Cs at any time. The version of these T&Cs valid at the time of the order shall apply, which cannot be changed unilaterally for this order. Any terms and conditions of the customer that conflict with or deviate from these T&Cs shall not be recognized.
The operator of this website is Keller’s Kitchen (kellerskitchen.com/imprint).
2. Information on this website
This website contains the opinions and ideas of the authors. It is intended to provide helpful general information on the topics covered. The content of https://kellerskitchen.com/ may not be suitable for all readers. For legal reasons, it should be noted that the advice and strategies are in no way a substitute for medical advice or medical treatment based on the reader’s own individual conditions, symptoms or concerns. If the reader requires personal medical, health, exercise, dietary or other support or advice, they should consult a competent medical practitioner and/or other qualified medical professionals. The authors expressly disclaim any responsibility for any injury, damage or loss that may be suffered by the reader as a direct or indirect result of following the instructions or suggestions given on this website. All information and advice contained on this website has been compiled by the authors to the best of their knowledge and checked by them with the greatest possible care. However, in compliance with product liability law, we must point out that errors or omissions in content cannot be completely ruled out. The authors cannot accept any liability for any incorrect information.
Keller’s Kitchen contains information about products and services. Prices, product ranges and technical specifications are subject to change without notice. All information on https://kellerskitchen.com/ (product descriptions, images, illustrations, films, dimensions, weights, technical specifications, anecdotal evidence, results of scientific studies, references to scientific studies, sources and other information) are for illustrative purposes and are to be understood as approximate values and are non-binding. In particular, they do not constitute an assurance of properties, results or guarantees, unless explicitly stated otherwise. Keller’s Kitchen makes every effort to ensure that all details and information on this website are correct, complete, up-to-date and clear, but Keller’s Kitchen cannot provide any express or tacit guarantee in this respect.
All offers on this website are subject to change and are not to be understood as a binding offer.
Keller’s Kitchen cannot guarantee that the products listed will be available at the time of ordering. Therefore, all information on availability and delivery times is subject to change at any time and without notice.
3. Prices
The sales prices stated on Keller’s Kitchen are final prices and, unless otherwise stated, include VAT and any other statutory charges. The prices are quoted net in Swiss francs (CHF).
Unless otherwise stated, any shipping costs will be charged additionally and must be paid by the customer. Shipping costs are shown separately in the order process.
Keller’s Kitchen reserves the right to make technical changes, errors and misprints, and in particular to change prices at any time and without prior notice. Consulting and support services are not included in the sales prices.
4. Contract formation
The products and prices on this website are non-binding offers.
By placing an order via this website, including the acceptance of these T&Cs, the customer submits a legally binding offer to conclude a contract. Keller’s Kitchen then sends an automatic order confirmation by email, which confirms that the customer’s offer has been received by Keller’s Kitchen. Orders placed are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal.
The contract is concluded as soon as Keller’s Kitchen sends a declaration of acceptance by email confirming the dispatch of the ordered products or services.
Orders will only be shipped after full payment has been received (exception: delivery against invoice) and if the goods are available. If it turns out that the ordered goods cannot be delivered or cannot be delivered in full, Keller’s Kitchen is entitled not to accept or only partially accept or fulfill the order. In such a case Keller’s Kitchen will inform the customer by email. If the customer’s payment has already been received by Keller’s Kitchen, the payment will be refunded to the customer. If no payment has yet been made, the customer is released from the obligation to pay.
5. Payment options and retention of title
The customer has the payment options specified in the order process at thier disposal.
Keller’s Kitchen reserves the right to exclude customers from individual payment options without giving reasons or to insist on payment in advance.
Keller’s Kitchen may charge default interest of 5% per year and a reminder fee of a maximum of CHF 20.- per reminder if the customer is in delyed payment.
The products delivered to the customer remain the property of Keller’s Kitchen until full payment has been made.
6. Delivery, obligation to inspect, notification of defects and returns
Deliveries are sent by A or B mail to the address specified by the customer in the order. Unless expressly requested and paid for by the customer, Keller’s Kitchen sends parcels by B Mail. Keller’s Kitchen accepts no liability for lost parcels or parcels delivered too late if this is due to an error on the part of the delivery service.
Keller’s Kitchen endeavors to keep delivery times as short as possible. However, any delivery times stated in the order confirmation are non-binding. Keller’s Kitchen is entitled to make partial deliveries. In this case, the customer will only be charged the shipping costs once.
If delivery against invoice is offered, Keller’s Kitchen may choose to send the invoice by email or by post.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, Keller’s Kitchen may terminate the contract after notifying the customer by email and granting a reasonable grace period and charge the customer for the costs incurred.
If goods are delivered with obvious damage to the packaging or contents, the customer must immediately complain to the carrier/parcel service provider and refuse acceptance, without prejudice to his warranty rights. Hidden defects must be reported to the forwarding agent/parcel service provider (e.g. responsible post office) within 24 hours (1 working day) of receipt of the goods. The customer is obliged to obtain a damage confirmation report from the parcel deliverer (e.g. postal employee). All transport damage must also be reported immediately in writing to Keller’s Kitchen.
All orders are final and non-refundable. Returns to Keller’s Kitchen are at the expense and risk of the customer. Returns will only be accepted by Keller’s Kitchen if they have been sufficiently stamped. In the case of unstamped returns, we demand the postage costs as well as a lump sum of CHF 20.00 from the customer. The customer must send the goods in their original packaging, complete with all accessories, together with the delivery bill and a detailed description of the defects to the return address given by Keller’s Kitchen in the imprint.
If the inspection by Keller’s Kitchen reveals that the goods have no detectable defects or that they are not covered by the warranty of the commissioned printing company, Keller’s Kitchen may charge the customer for the costs of handling, return shipment or possible disposal.
7. Right of withdrawal
All orders are final and non-refundable. The only exception to this is if there are defects in the book printing (namely missing pages or completely illegible printing due to a manufacturer’s error). Typing or grammatical errors or changes in content (e.g. new scientific findings, etc.) do not constitute grounds for a right of withdrawal.
The exercise of the right of withdrawal leads to a reversal of the contract. The customer must return the goods within 10 calendar days in their original packaging, complete with all accessories and together with the delivery bill to the return address specified by Keller’s Kitchen in the imprint. Returns to Keller’s Kitchen are at the customer’s expense and risk. Any payment already made will be refunded to the customer within 20 calendar days, provided Keller’s Kitchen has already received the goods back or the customer can provide proof of shipment. The customer shall bear the costs and risk of the return shipment, unless the delivered goods do not correspond to the ordered goods.
Keller’s Kitchen reserves the right to demand reasonable compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the customer for it.
No right of withdrawal is granted in the following cases:
- If the subject of the contract is digital content (e.g. e-books, PDF files or other electronic files).
- If the contract has a random element, namely because the price is subject to fluctuations over which the provider has no influence;
- If the contract concerns a movable item that is manufactured according to the customer’s specifications or is clearly tailored to personal needs;
- If the subject of the contract is a service and the contract is to be fulfilled in full by the supplier with the customer’s prior express consent before the withdrawal period has expired.
8. Warranty
If the delivered goods are defective at the time of the transfer of risk, e.g. due to a manufacturer’s defect, or if there is an incorrect delivery or an incomplete delivery, Keller’s Kitchen shall, at its own discretion, deliver a replacement or cancel the purchase and refund the purchase price to the customer. The same applies to incomplete or faulty downloads of eBooks. Further warranty rights are excluded.
Keller’s Kitchen will reimburse the postage for the return shipment in the event of incorrect delivery or delivery of defective goods.
The customer’s warranty claim expires if he does not report the defect or incorrect delivery by e-mail within 14 days after receipt of the goods or within 14 days after provision for download.
The warranty does not cover normal wear and tear or the consequences of improper handling or damage by the customer or third parties or defects attributable to external circumstances. The warranty for consumables and wearing parts is also excluded.
Keller’s Kitchen is unable to give any assurances or guarantees that the content of the books and data is up-to-date, complete and correct, or that the website, its functionalities, integrated hyperlinks and other content will be available at all times or without interruption. In particular, it is neither assured nor guaranteed that the use of the website will not infringe the rights of third parties not owned by Keller’s Kitchen.
9. Licenses for downloads
The customer can acquire licenses for downloads for a fee or free of charge and save them on end devices of their choice, e.g. eReader, smartphone. The customer requires certain system requirements and playback software for use, e.g. the e-reading app or an e-reader. Any connection costs incurred are to be paid separately by the customer to their service provider.
9.1 Copyright for downloads
The downloads are protected by copyright. The customer receives the simple, non-exclusive, non-transferable and non-sublicensable right to use the titles offered for exclusively personal use in accordance with copyright law in the manner offered in each case.
The customer is permitted to download downloads once and to save them exclusively for personal use on their own end devices of their choice. Furthermore, it is not permitted to change the content or editorial content of downloads in any way or to use modified versions, to copy them for third parties, to make them publicly accessible or forward them, to post them on the Internet or in other networks for a fee or free of charge, to imitate them, print them out, sell them on or use them for commercial purposes.
As far as possible, Keller’s Kitchen will enable the customer to make further downloads after the first complete download (re-downloads); however, there is no entitlement to this. Keller’s Kitchen is entitled to temporarily or permanently change, interrupt or discontinue the possibility to download at any time. Furthermore, Keller’s Kitchen is entitled to delete individual downloads from the customer’s account if there is an important reason, in particular in the event of disputes about any legal infringements. The possibility of deletion does not apply to downloads that are already stored on the customer’s own storage location, e.g. their PC or eReader, after the customer has downloaded them.
Downloads can be individually marked with digital watermarks so that the original purchaser can be identified and traced in the event of misuse. Downloads may also be protected against illegal duplication by DRM (Adobe Digital Rights Management). The use of these downloads via the customer’s end devices is only possible via the respective Adobe ID stored on the customer’s end device(s).
10. Liability
All cases of breach of contract and their legal consequences as well as all claims of the customer, irrespective of the legal grounds on which they are based, are conclusively regulated in these T&Cs. Under no circumstances shall the customer be entitled to claim compensation for damage that has not occurred to the product itself. This also applies with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents. Any liability claim exceeding the value of the order is excluded. Keller’s Kitchen excludes all liability, irrespective of its legal basis, as well as claims for damages against Keller’s Kitchen and against any auxiliary persons and vicarious agents. Keller’s Kitchen is in particular not liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss of the customer. Further mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved.
The products ordered may only be used for the agreed and intended purpose. Written consent must be obtained in advance for any other use.
Keller’s Kitchen only uses hyperlinks to simplify the customer’s access to other websites. Keller’s Kitchen cannot know the content of these websites in detail, nor can it assume any liability or other responsibility for the content of these websites.
11. Data protection
Keller’s Kitchen may process and use the data collected during the conclusion of the contract to fulfill the obligations arising from the purchase contract and for marketing purposes. The data required to fulfill the service may also be passed on to contracted service partners (logistics partners) or other third parties.
Details can be found in the separate privacy policy.
12. Customer reviews
If the customer writes a customer review, Keller’s Kitchen is entitled to display this text in all channels, in the webshop, eReader and for social media appearances of Keller’s Kitchen. Keller’s Kitchen reserves the right not to display a review or to display it only for a limited period of time and, if this is required for legal reasons (e.g. violation of personal rights), to shorten it. Customer reviews reflect the opinion of the customer only and do not necessarily reflect the opinion of Keller’s Kitchen.
13. Partial validity
Should individual provisions of these T&Cs prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
14. Further provisions
Keller’s Kitchen expressly reserves the right to amend these T&Cs at any time and to put them into effect without prior notice.
In the event of disputes, Swiss substantive law shall apply exclusively to the exclusion of conflict of laws rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is the location/registered office of Keller’s Kitchen.
15. Contact
If you have any questions about these GTC, please contact:
info[at]kellerskitchen.com