Terms & Conditions

Article 1: Definitions

In these General Terms and Conditions, the following definitions apply:

1. Consumer: a natural person who is not acting in the exercise of a profession or business.
2. Contracting Party: a counterparty of KCHEFT GmbH to whom an offer has been made, a quotation has been issued, whose order has been accepted and/or with whom an Agreement has been concluded.
3. KCHEFT GmbH: the private limited liability company KCHEFT GmbH, having its statutory seat in Radstadt and its office at Birkenweg 4/2, 5550 Radstadt, registered in the commercial register of the Wirtschaftskammer Salzburg under company registration number: FN 661564 p.
4. Agreement: any agreement concluded between KCHEFT GmbH and a Contracting Party, including any amendments or additions thereto, as well as all (legal) acts in preparation for and execution of that agreement.
5. Service(s): all services provided by KCHEFT GmbH, including any related additional services/products.
6. Product(s): all goods that are the subject of a (potential) Agreement.
7. Website: the website of KCHEFT GmbH with the domain name: KCHEFT.com.
8. General Terms and Conditions: these general terms and conditions.

Article 2: Applicability

1. These General Terms and Conditions apply to all offers made by and Agreements concluded with KCHEFT GmbH, as well as to all (other) legal relationships with KCHEFT GmbH.
2. Deviations from these General Terms and Conditions are only valid if agreed upon in writing.
3. KCHEFT GmbH reserves the right to amend these General Terms and Conditions at any time. Such amendments shall enter into force two weeks after publication, unless a different statutory period is required, in which case that period shall apply. Amendments also apply to existing Agreements.
4. Not only KCHEFT GmbH, but also all (legal) persons involved by KCHEFT GmbH in the execution of any Agreement with the Contracting Party, or who are or were in any way connected to KCHEFT GmbH, may invoke these General Terms and Conditions against the Contracting Party.

Article 3: Offers and Quotations

1. Any offer or quotation made by KCHEFT GmbH is non-binding and shall be considered solely as an invitation to make an offer.
2. The quality standards, models, dimensions, colors, weight specifications, etc., mentioned in any offer or quotation from KCHEFT GmbH are approximate and non-binding.
3. All information included in offers, quotations, printed materials, brochures, or on the Website of KCHEFT GmbH, such as prices and specifications, is non-binding and subject to change.
4. All prices, rates, and amounts stated by KCHEFT GmbH in offers and quotations to companies and institutions are exclusive of value-added tax (VAT). For Consumers, all prices, rates, and amounts stated by KCHEFT GmbH include VAT.

Article 4: Conclusion of Agreement

1. An Agreement with KCHEFT GmbH is concluded at the moment KCHEFT GmbH has received and accepted an order or assignment from the Contracting Party.
2. Without prior written consent from KCHEFT GmbH, the Contracting Party is not permitted to transfer its rights and obligations under an Agreement to third parties.
3. If an Agreement is entered into with two or more Contracting Parties, all such parties shall be jointly and severally liable for full compliance.
4. If an Agreement is concluded with the intention of performance by a specific person, KCHEFT GmbH is always entitled to replace this person with one or more individuals possessing the same qualifications. Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code do not apply to any Agreement with KCHEFT GmbH.

Article 5: Distance Agreements

No right of withdrawal. If and insofar as an Agreement between KCHEFT GmbH and a Contracting Party is offered or concluded remotely (which in this context also includes by telephone, via the website, app, or email), the provisions of this article also apply:

1. If and insofar as a Contracting Party acts as a Consumer and the Agreement qualifies as a distance contract within the meaning of Article 6:230m, it applies that the (fresh) products offered by KCHEFT GmbH, due to their nature, cannot be returned. For this reason, the Consumer’s right of withdrawal is expressly excluded by KCHEFT GmbH pursuant to Article 6:230p subsection f under 2.

Article 6: Amendment of the Agreement

1. All costs resulting from a modification of (parts of) the Agreement proposed by the Contracting Party and accepted by KCHEFT GmbH shall be charged to the Contracting Party by KCHEFT GmbH and shall be payable by the Contracting Party. KCHEFT GmbH is not obligated to honor a request to amend the Agreement. Furthermore, KCHEFT GmbH may require that a separate agreement be concluded for the desired changes.
2. The Contracting Party hereby accepts the risk that the modifications referred to in paragraph 1 of this article may affect the agreed or expected delivery time—in the broadest sense of the word—and the mutual responsibilities of the parties.
3. A Consumer is entitled to cancel (terminate) an agreement for the delivery of fresh meals free of charge up to five days before the delivery date as provided to KCHEFT GmbH by the Consumer.

Article 7: Price Changes

1. KCHEFT GmbH is entitled at all times to change the rates for its Products and/or Services. This change also applies to existing Agreements. KCHEFT GmbH shall inform the Contracting Party of any price change in a timely manner.
2. The changes shall take effect two weeks after the announcement, or on a later date as stated in the announcement.

Article 8: Payment and Complaints Regarding Invoices

1. Payment must be made in the manner(s) indicated by KCHEFT GmbH.
2. The Contracting Party shall pay the amounts due within fourteen (14) days from the invoice date. The right of the Contracting Party, not being a Consumer, to set off any claims against KCHEFT GmbH or to suspend any payment is expressly excluded.
3. The term referred to in paragraph 2 is a strict deadline, the exceeding of which will automatically put the Contracting Party in default.
4. In the event of late payment by a Contracting Party, not being a Consumer, for any reason, KCHEFT GmbH is entitled to charge interest on the outstanding amount at a rate of 12% per annum.
5. All actual costs arising from or related to (extra)judicial collection of the claim of KCHEFT GmbH shall be borne by the Contracting Party, not being a Consumer.
6. A Contracting Party, not being a Consumer, must report complaints about an invoice to KCHEFT GmbH in detail and in writing within eight (8) days of the invoice date. After this period, the Contracting Party is deemed to have irrevocably accepted the amount stated on the invoice as due.

Article 9: Delivery Period and Deadline for Acceptance

1. The delivery periods indicated by KCHEFT GmbH to a Contracting Party are approximate and shall never be considered as strict deadlines within the meaning of Article 6:83(a).
2. A delivery period shall not commence until KCHEFT GmbH has received all items, data, and documents required from the Contracting Party.
3. The Contracting Party is obliged to take delivery within the agreed period; failure to do so shall result in a penalty payable to KCHEFT GmbH amounting to ten percent (10%) of the principal amount, without prejudice to any further rights of KCHEFT GmbH, including the right to full compensation and/or performance.
4. If no acceptance period has been agreed upon, KCHEFT GmbH is entitled to impose the penalty mentioned in the previous paragraph if and as soon as the Products and/or Services have not been accepted by the Contracting Party within fourteen (14) days after KCHEFT GmbH has requested acceptance, without prejudice to any other rights of KCHEFT GmbH.
5. If KCHEFT GmbH demands fulfillment of the acceptance obligation for Products and/or Services by the Contracting Party after the expiration of the periods referred to in paragraph 3 and 4, the Products and/or Services shall be deemed to have been accepted by the Contracting Party. Thereafter, they shall be stored by KCHEFT GmbH (where applicable) at the risk of the Contracting Party. All costs associated with such storage will be charged to and are payable by the Contracting Party.
6. The Contracting Party shall remain liable for payment of the purchase price (in the case of Products) or the agreed fee (in the case of Services), including interest, costs, and the penalty as stated in this article, reduced by any net proceeds from the sale of the Products to a third party.
7. If the Contracting Party is not present at the time of delivery, resulting in the inability to deliver the ordered fresh product, the fresh product will be destroyed and will not be reoffered. The payment obligation (also for the Products that could not be delivered) remains in full force.

Article 10: Delivery and Transfer of Risk

1. Delivery of Products shall take place when KCHEFT GmbH makes them available to the Contracting Party at its business premises or at a location designated by KCHEFT GmbH.
2. If it has been agreed that KCHEFT GmbH will deliver the Products on-site (at the Contracting Party’s location), delivery shall take place at the moment the Products are offered for delivery at that location.
3. The risk of the delivered goods shall always transfer to the Contracting Party at the moment of delivery as referred to in paragraph 1 or paragraph 2.

Article 11: Packaging, Shipping, and (Internal) Transport

1. KCHEFT GmbH shall determine the method of packaging and shipping. If the Contracting Party requests a specific method of packaging and/or shipping, the additional costs associated therewith shall be borne by the Contracting Party.
2. All shipments and all (internal) transport – including deliveries on location – shall be at the expense and risk of the Contracting Party.
3. KCHEFT GmbH does not take back packaging as standard. The Contracting Party shall handle the packaging in a manner that complies with the applicable (governmental) regulations.

Article 12: Duty of Inspection

1. The Contracting Party shall inspect the delivered Services and Products – including the (results of the) services and/or support – immediately upon, but no later than 24 hours after, delivery. The Contracting Party shall verify both the quantity and quality of what has been delivered. If the Contracting Party identifies any defects – in the broadest sense of the word – during this inspection, it must notify KCHEFT GmbH in detail and in writing without delay, but no later than 48 hours after delivery.
2. Upon discovering any defect, the Contracting Party is obligated to immediately cease the use, processing, or further handling of the relevant Products, and to take all reasonable measures to prevent (further) damage.
3. The Contracting Party shall provide all necessary cooperation in investigating the complaint by KCHEFT GmbH. If the Contracting Party fails to cooperate or if investigation is otherwise no longer possible, the complaint will not be processed and the Contracting Party shall have no claims in this regard. If the complaint proves to be unfounded, the costs of investigating the complaint shall be borne by the Contracting Party, if not a Consumer. No rights can be derived by the Contracting Party from the mere handling of a complaint.
4. Failure to comply with the inspection, reporting, and/or cooperation obligations described in this article shall result in the forfeiture of any rights of the Contracting Party, if not a Consumer.

Article 13: Retention of Title

1. Ownership of the Products delivered by KCHEFT GmbH shall not transfer to the Contracting Party until the Contracting Party has paid the full amount owed to KCHEFT GmbH, including interest and costs.
2. The Contracting Party is not permitted to deliver, dispose of, encumber, establish any limited rights on, or otherwise deal with unpaid Products in violation of the retention of title.
3. If the Contracting Party is in default, KCHEFT GmbH shall be entitled, without any further notice of default, to reclaim all Products subject to retention of title, even if this requires dismantling. The Contracting Party shall grant KCHEFT GmbH access and full cooperation to enter the premises where the delivered Products are located.
4. Any costs incurred by KCHEFT GmbH in exercising its retention of title shall be charged to and owed by the Contracting Party.
5. As long as KCHEFT GmbH remains the owner of the Products, the Contracting Party shall immediately notify KCHEFT GmbH in writing if the Products are seized (or are at risk of being seized) or if any claim is made to (any part of) the Products. Furthermore, the Contracting Party shall, upon KCHEFT GmbH’s first request, disclose the location of the Products owned by KCHEFT GmbH.
6. In the event of seizure, (provisional) suspension of payments, or bankruptcy of the Contracting Party, the Contracting Party shall immediately inform the seizing bailiff, administrator, or trustee of the ownership rights of KCHEFT GmbH. The Contracting Party guarantees to KCHEFT GmbH that any seizure of the Products will be lifted without delay.
7. If and to the extent that the Contracting Party has not paid the purchase price for the Products, the Contracting Party shall, at the first request of KCHEFT GmbH, fully cooperate in establishing a right of pledge in favor of KCHEFT GmbH on all claims of the Contracting Party against third parties to whom the unpaid Products have been resold, without prejudice to all other rights of KCHEFT GmbH.

Article 14: Liability and Indemnification by the Contracting Party

1. If the Contracting Party fails to fulfill one or more of its obligations arising from the law, the Agreement, and/or these General Terms and Conditions, either in whole, in part, or on time, the Contracting Party shall, without any notice of default being required, be liable to compensate KCHEFT GmbH for all (indirect) damages resulting therefrom. This provision is without prejudice to KCHEFT GmbH’s right to pursue other claims (e.g. performance) or to take other legal action (e.g. termination) against the Contracting Party.
   2. The Contracting Party is liable to KCHEFT GmbH for all direct and/or indirect damage caused to (employees of) KCHEFT GmbH or to third parties, or to the property of (employees of) KCHEFT GmbH or of third parties, which is caused by (employees of) the Contracting Party, by third parties engaged by the Contracting Party, and/or by materials used by the Contracting Party or related thereto, or which results from or is related to an unsafe situation caused by the Contracting Party.
   3. The Contracting Party guarantees that no third-party rights prevent the provision by or on behalf of the Contracting Party to KCHEFT GmbH of equipment, software, or materials for the purpose of use, processing, and/or repair. The Contracting Party shall indemnify KCHEFT GmbH against any claim based on the assertion that such provision, use, or processing infringes any third-party rights.
2. The Contracting Party shall indemnify KCHEFT GmbH against any claims from third parties resulting from the Contracting Party’s failure to comply with any statutory provisions or other applicable regulations concerning import/export.
   5. The Contracting Party shall indemnify KCHEFT GmbH against claims from third parties for compensation of direct and/or indirect damages, costs and/or losses for which KCHEFT GmbH does not accept liability under these General Terms and Conditions or otherwise.
   6. The Contracting Party, if not a Consumer, shall indemnify KCHEFT GmbH against any claims from third parties, whether directly or indirectly related to the use of the Products and/or Services, and shall reimburse KCHEFT GmbH for all damages, including (legal) costs, suffered as a result of such claims, unless the damage is demonstrably caused by intent, recklessness, or gross negligence on the part of (employees of) KCHEFT GmbH.
   7. If the Contracting Party uses a computer program that fully or partially and autonomously/automatically visits a website and retrieves information, Products, or Services from it, all (legal) acts performed by the computer program shall be attributed to the Contracting Party. The Contracting Party is furthermore liable for all damages caused by the computer program.

Article 15: Limitation of Liability

1. KCHEFT GmbH shall never be liable for any damages whatsoever, except in cases where the damage has been caused by intent or gross negligence on the part of KCHEFT GmbH or its senior management.
2. Without prejudice to paragraph 1, the liability of KCHEFT GmbH shall at all times be limited to the amount of (the portion of) the agreed price of the Product or Service (excluding VAT) to which the liability relates.
3. Without prejudice to paragraph 1, KCHEFT GmbH shall never be liable for indirect or consequential damages, in the broadest sense of the word and however named.
4. Without prejudice to paragraph 1, any liability of KCHEFT GmbH is limited to the amount paid out in the specific case by KCHEFT GmbH’s insurer, plus the deductible under the insurance policy that is at the expense of KCHEFT GmbH.
5. Without prejudice to paragraph 1, KCHEFT GmbH shall not be liable for any damage if and insofar as the Contracting Party has not taken all reasonable measures to prevent and/or limit its damage.

Article 16: Force Majeure

1. Force majeure on the part of KCHEFT GmbH suspends its obligations under the Agreement for as long as the force majeure situation continues. This suspension does not apply to the obligations of the Contracting Party.
2. Force majeure on the part of KCHEFT GmbH refers to any circumstance beyond the control of KCHEFT GmbH that temporarily or permanently prevents the fulfillment of the Agreement, including (but not limited to): hindrances caused by codes of conduct, regulations, laws or decisions of competent international or national (government) authorities, shortage of raw materials, strikes, company occupation, blockade, embargo, war, riots or comparable situations, power outage, failure of (tele)communication lines, internet connection disruptions, network and equipment failures, fire, explosion, water damage, flooding, lightning strikes and other natural disasters and calamities, widespread epidemiological illness, and any failure on the part of auxiliary persons and/or suppliers of KCHEFT GmbH.
3. KCHEFT GmbH is also entitled to invoke force majeure if the circumstance preventing (further) fulfillment arises after KCHEFT GmbH should have fulfilled its obligations.
4. If, at the time the force majeure situation arises, KCHEFT GmbH has already partially fulfilled its obligations, KCHEFT GmbH is entitled to invoice the fulfilled part separately. The Contracting Party is obliged to pay this invoice as if it concerned a separate Agreement.
5. If it becomes clear that the force majeure situation at KCHEFT GmbH will last for at least three (3) months, each party is entitled to terminate the Agreement prematurely without observing any notice period. Termination under this article must be done by registered letter.
6. KCHEFT GmbH shall never be liable for any damage in any way related to the force majeure situation on the part of KCHEFT GmbH.

Article 17: Termination of the Agreement

1. The Contracting Party, not being a Consumer, shall be in default by operation of law if it breaches any obligation under the Agreement and/or these General Terms and Conditions.
2. In the event of default by the Contracting Party, KCHEFT GmbH has the right to unilaterally terminate the Agreement, in whole or in part, without notice of default and without judicial intervention, without being liable for any compensation, and without prejudice to any other rights of KCHEFT GmbH, including the right to full compensation for all direct and/or indirect damages.
3. In the event of (provisional) suspension of payment, bankruptcy, application of the statutory debt restructuring scheme (WSNP), guardianship, cessation or liquidation of (the business of) the Contracting Party, KCHEFT GmbH has the right to terminate the Agreement.
4. If, at the time of termination as referred to in this article, the Contracting Party has already received performance(s) in execution of the Agreement, these performances and the corresponding payment obligations shall not be subject to reversal. Amounts invoiced by KCHEFT GmbH prior to termination in connection with what it has already performed and/or delivered in execution of the Agreement shall remain due, subject to the provisions of the previous sentence, and shall become immediately payable upon termination.

Article 18: Confidentiality

1. The Contracting Party guarantees that all confidential information made available to it during (the conclusion of) the Agreement shall be kept confidential. Information shall in any case be considered confidential unless it is evident that neither party regards the information as confidential.

Article 19: Website

1. KCHEFT GmbH provides no guarantees and accepts no liability for the continuous availability or error-free operation of the Website. All images, illustrations, data regarding weights, visuals, colors, or other characteristics displayed on the Website are indicative only. KCHEFT GmbH shall not be liable for any damage resulting from the absence, inaccuracy, or incompleteness of the information presented on the Website.
2. If the Website contains hyperlinks (click-through links) to third-party websites, KCHEFT GmbH shall not be liable for the content of such sites or for the software offered on those sites.

Article 20: Intellectual Property Rights

1. All intellectual property rights relating to know-how and/or equipment are the exclusive property of KCHEFT GmbH or its licensor(s).
2. The Contracting Party acknowledges that any know-how and/or equipment provided by KCHEFT GmbH may contain confidential information and trade secrets of KCHEFT GmbH or its licensor(s). Without prejudice to other provisions, the Contracting Party agrees to keep such know-how and/or equipment confidential, not to disclose or make it available to third parties, and to use it solely for the purpose for which it was provided. For the purposes of this clause, third parties also include individuals within the Contracting Party’s organization who do not necessarily require access to the know-how and/or equipment.
3. All images, drawings, information, and/or ideas included in or attached to any offer, promotion, quotation, or Agreement may be used solely for the purpose of the assignment granted or to be granted, and may not be used by the Contracting Party for any other purpose nor disclosed to third parties. All (copyright) rights remain vested in KCHEFT GmbH. These materials shall always remain the property of KCHEFT GmbH, which reserves the right to reclaim them.

Article 21: Complaints and Disputes

1. KCHEFT GmbH will make every effort to handle complaints as effectively as possible and within a reasonable time.
2. Consumers also have the option to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
3. The submission of a complaint does not release the Contracting Party from its other obligations.

Article 22: Miscellaneous

1. The legal relationship between KCHEFT GmbH and the Contracting Party is governed exclusively by Austrian law.
2. The Vienna Sales Convention (CISG) does not apply.
3. Except as provided in Article 20, any disputes between KCHEFT GmbH and a Contracting Party shall be submitted exclusively to the competent court in Salzburg.
4. All claims against KCHEFT GmbH shall expire if they are not brought before the competent court within one year from the date the Contracting Party became aware, or could reasonably have become aware, of the claim.

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