Terms and Conditions

General Terms and Conditions of Business

of F. Anton Kesper GmbH, Im Gewerbepark 1, 34508 Willingen, hereinafter referred to as the Seller.

§ 1 General, definitions

(1) The Seller offers kitchen utensils in particular via the online shop on the website www.kesper-shop.com. The following General Terms and Conditions (GTC) apply to the business relationship between the Seller and the Customer in the version valid at the time of the order.

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, are acting in the exercise of their commercial or independent professional activity. Customers within the meaning of the Terms and Conditions are both consumers and entrepreneurs.

(3) Individual contractual agreements shall take precedence over these GTC. Deviating, conflicting or supplementary GTC shall not become part of the contract unless their validity is expressly agreed.

§ 2 Conclusion of contract

(1) The presentation of the goods on the seller's website does not constitute an offer in the legal sense, but merely an invitation to the customer to submit an offer in the legal sense. The goods ordered may deviate slightly from the goods shown on the Internet within reasonable limits due to the technical presentation possibilities, in particular there may be colour deviations, insofar as this is reasonable.

(2) The order by the customer can be placed via the seller's website, by e-mail, by fax or in writing. The customer's order constitutes a binding offer to conclude a purchase contract for the goods ordered.

(3) The seller shall confirm receipt of the customer's order immediately by fax or e-mail.

In the case of payment by credit card, the purchase contract is not concluded with this order confirmation, but only with the dispatch of a separate e-mail with an order confirmation or the delivery of the goods. In the case of payment by credit card, the seller is authorised to accept the contractual offer contained in the order within 2 working days. It is equivalent to acceptance if the seller delivers the ordered goods within this period.

b) In the case of payment by PayPal or instant bank transfer, the contract is already concluded when the customer instructs payment. The condition for an effective conclusion of the contract is always that the order process is completed when the order is sent.

(4) The conclusion of the contract is subject to the reservation that in the event of incorrect or improper self-delivery, no or only partial fulfilment will be made. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. Otherwise the consideration will be refunded immediately. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately.

(5) If the customer orders the goods electronically, the contract text will be saved by the seller and sent to the customer together with the legally effective GTC by e-mail after conclusion of the contract.

§ 3 Retention of title

(1) In the case of consumers, the seller retains ownership of the goods until the purchase price has been paid in full. In the case of entrepreneurs, the seller retains title to the goods until all claims arising from an ongoing business relationship have been settled in full.

(2) In the event of a breach of contract by the customer, in particular in the event of default in payment, false statements by the customer regarding his creditworthiness or if an application for the opening of insolvency proceedings is filed, the seller is entitled - if necessary after setting a deadline - to withdraw from the contract and to demand the return of the goods, provided that the customer has not yet paid the consideration or has not paid it in full.

(3) The entrepreneur is authorised to resell the goods in the ordinary course of business. He hereby assigns to the seller all claims in the amount of the invoice amount that accrue to him from the resale to a third party. The seller accepts the assignment. After the assignment, the entrepreneur is authorised to collect the claim. The seller reserves the right to collect the claim himself as soon as the entrepreneur does not properly fulfil his payment obligations and is in default of payment.

(4) The Seller undertakes to release the securities to which it is entitled at the request of the Customer to the extent that the realisable value of the securities exceeds the claim to be secured by more than 10%. The choice of the securities to be released is incumbent on the seller.

§ 4 Remuneration

(1) The stated purchase price is binding. The purchase price includes the statutory value added tax. The additional shipping costs incurred during shipping are included in the "Shipping" overview. Costs for packaging are already included in the shipping costs.

(2) The customer undertakes to pay the total price within 14 days of receiving the order confirmation by e-mail or the invoice. After expiry of this period, the customer shall be in default of payment. During the period of default, the consumer shall pay interest on the debt in the amount of 5 percentage points above the base interest rate. During the period of default, the entrepreneur shall pay interest on the debt in the amount of 9 percentage points above the base interest rate. In the event of default on a payment claim, the entrepreneur shall also owe a lump-sum payment of 40 euros. This also applies if the entrepreneur is in arrears with a payment on account or any other instalment payment. The seller reserves the right to claim higher damages for default from the entrepreneur. The lump sum according to sentence 5 shall be offset against a claim for damages owed, insofar as the damage is based on the costs of legal action.

(3) The customer shall only have a right of set-off if his counterclaims have been legally established, recognised or not disputed by the seller. The customer's right to offset against contractual and other claims arising from the initiation or execution of this contractual relationship remains unaffected by this. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 5 Payment options

(1) Customers can pay the purchase price by credit card, PayPal or instant bank transfer.

(2) When paying by PayPal, the customer must register at www.paypal.de. The terms of use of paypal.de www.paypal.de apply

(3) Information on any costs incurred for the selected payment method can be found in our "Customer information" and under the "Payment methods" overview on our website.

§ 6 Dispatch 

(1) The seller delivers exclusively to the countries specified in the "Shipping" overview.

(2) The delivery period for deliveries within Germany is specified on the respective offer page. The start of the delivery period is determined (depending on the selected payment method) in accordance with paragraphs 3 to 5.

(3) In the case of payment by credit card, PayPal or instant bank transfer, the delivery period begins one day after the payment instruction has been issued. For all other payment methods, the delivery period begins one day after the order is placed.

(4) Information on the delivery time for deliveries to other countries can be found in our "Customer information" and in the "Shipping" overview on our website.

(5) If the start or end of the deadline falls on a Saturday, Sunday or a public holiday, the start or end of the deadline shall be postponed to the following working day.

(6) With regard to the reservation of proper self-delivery, the Seller refers to § 2 para. 4 of these GTC.

(7) The Seller shall be entitled to make partial deliveries insofar as the Customer can reasonably be expected to accept a partial delivery, taking into account its interests. This has no influence on the content of the contract, in particular on the performance owed by the Seller or on the agreed performance period. The customer shall not incur any additional costs as a result of the partial delivery.

§ 7 Transfer of risks

(1) In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer upon delivery of the goods, even in the case of sale by despatch.

(2) In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover, in the case of sale by dispatch upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the dispatch.

(3) If the customer is in default of acceptance, this shall be deemed equivalent to handover.

§ 8 Warranty

(1) The customer is entitled to a statutory warranty right, which is modified in accordance with §§ 8, 9 of these GTC.

(2) Goods ordered may deviate slightly from the goods depicted on the Internet within reasonable limits. Reference is made to § 2 para. 1 of these GTC.

(3) Consumers have the choice of demanding subsequent fulfilment by repair or replacement. The Seller shall be entitled to refuse the type of subsequent fulfilment chosen if it is only possible at disproportionate cost and the other type of subsequent fulfilment is without significant disadvantages for the consumer. In the case of companies, the seller shall initially provide warranty for defects in the goods at his discretion by repair or replacement.

(4) If the subsequent fulfilment fails, the customer may, at his discretion, demand a reduction of the purchase price (reduction), cancellation of the contract (withdrawal) or compensation instead of performance. In the event of only minor defects, the customer shall not be entitled to withdraw from the contract, taking into account the interests of both parties. Instead of compensation for damages in lieu of performance, the customer may demand compensation for futile expenses within the scope of § 284 BGB (German Civil Code) which he has incurred and could reasonably have incurred in reliance on receipt of the goods. If the customer chooses compensation instead of performance, the limitations of liability pursuant to § 9 para. 1 of these GTC shall apply.

(5) Entrepreneurs must notify the seller of obvious defects in the delivered goods within a period of 2 weeks from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Timely despatch or notification shall suffice to meet the deadline. For merchants, § 377 HGB applies.

(6) If the customer is an entrepreneur, only the seller's product description shall be deemed agreed as the quality of the goods. Public statements, promotion or advertising by the manufacturer do not constitute a contractual quality of the goods.

(7) The warranty period for consumers is 2 years from delivery of the goods. Deviating from this, the warranty period for entrepreneurs is 1 year from delivery. For used goods, the warranty period for consumers is 1 year from delivery of the goods. Notwithstanding this, the warranty for used goods is excluded for entrepreneurs. The one-year warranty period or the exclusion of warranty shall not apply if the seller can be accused of gross negligence, nor in the case of physical injury and damage to health attributable to the seller and in the case of loss of life of the customer, in the case of a guarantee and in the case of delivery recourse in accordance with §§ 478, 479 BGB. The Seller's liability under the Product Liability Act remains unaffected by this.

(8) Notwithstanding para. 7, the regular limitation period shall apply if the Seller has fraudulently concealed a defect.

(9) The Seller shall not provide the Customer with any guarantees in the legal sense, unless expressly agreed otherwise. Manufacturer warranties remain unaffected by this.

§ 9 Limitations of liability

(1) In the event of slightly negligent breaches of duty, liability shall be limited to the foreseeable, contract-typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents of the seller. The seller is not liable for slightly negligent breaches of insignificant contractual obligations. However, he shall be liable for the breach of legal positions of the customer that are essential to the contract. Essential contractual legal positions are those which the contract must grant the customer according to the content and purpose of the contract. The seller shall also be liable for the breach of obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may rely. 

(2) The above limitations of liability do not apply to claims of the customer arising from guarantees and/or product liability. Furthermore, the limitations of liability do not apply in the event of a breach of essential contractual obligations or in the event of physical injury or damage to health attributable to the seller or in the event of loss of life of the customer.

(3) The seller is only liable for his own content on the website of his online shop. Insofar as links provide access to other websites, the seller is not responsible for the third-party content contained therein. He does not adopt the third-party content as his own. If the seller becomes aware of illegal content on external websites, he will immediately block access to these pages.

§ 10 Final provisions, dispute resolution

(1) The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. § Section 18 para. 17 sentence 2, 6 TDSG remains unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract shall be the competent court at the seller's place of business, unless an exclusive place of jurisdiction is given. However, the seller is also entitled to sue the merchant at his place of residence or business. Jurisdiction based on an exclusive place of jurisdiction remains unaffected by this.

(3) We are obliged to inform you that a corresponding online platform is provided by the European Commission with regard to the so-called online dispute resolution. You can access this platform at the following link: https://ec.europa.eu/consumers/odr. In this context, we are also obliged to provide you with our e-mail address. This is: shop@kesper.com 

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

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