- This Website is owned and operated by Thermomix in Australia Pty Ltd ACN 069 944 930 of 30 Ledgar Road, Balcatta, Western Australia, trading under the name “Thermomix in Australia” (“Thermomix in Australia”, “we”, “us” or “our”).
- These Terms form the basis of the sale agreement between the customer (you) and Thermomix in Australia when you purchase products from our Website. If you proceed with your purchase you are acknowledging that you have read and understood the Terms and agree to be bound by the Terms.
- Thermomix in Australia reserves the right to change or add content to this Website, including the Terms, without notice and at any time. We are not liable to you or anyone else if errors occur in the information or that information is not up-to-date.
2. Australian Sales Only
- If you are under the age of eighteen (18) years you cannot place orders with Thermomix in Australia. By accepting these Terms you acknowledge that you are over the age of eighteen (18) years.
- If Thermomix in Australia suffers any damage or other losses as a result of a transaction entered into by a minor, Thermomix in Australia reserves the right to seek compensation for such losses from the parents or guardians of the minor who cause any order(s) to be placed with Thermomix in Australia.
4. Relationship with Vorwerk International
Thermomix in Australia is authorised by Vorwerk International Mittelsten Scheid & Co.
(Vorwerk) to use under licence the Thermomix brand and intellectual property on the Internet. Thermomix is the trade name and the registered trademark and servicemark of Vorwerk, as are certain other trademarks and servicemarks used by Thermomix in Australia on this Website under Vorkwerk’s control.
All content included on this Website such as, but not limited to, text, images and logos is the property of Thermomix in Australia, Vorkwerk or its content suppliers. This Website is Thermomix in Australia’s copyright property and is protected by Australia and International copyright laws. You may not in any form or means adapt, reproduce, or publish any part of it without written consent from Thermomix in Australia.
- All prices are listed in Australian Dollars and include GST, unless otherwise indicated.
- The prices indicated exclude freight and handling.
- Prices are subject to change without notice.
7. Product Descriptions
- Thermomix in Australia updates the Website regularly, however Thermomix in Australia makes no representation as to the accuracy or completeness of any information or services of the Website. All information and services are provided on the basis that you undertake the responsibility for assessing, at your own risk.
- Images have been provided for illustrative purposes only and we do not guarantee that any image will reflect or portray the full design or options relating to that product.
8. Placing Your Order
- You may place your order by clicking on the ‘Add to Cart’ button along side the products of your choosing on this Website. Once your selected products are in your virtual ‘shopping cart’, click on the ‘Check Out’ link and follow the on-screen prompts to complete your purchase. When you place your order and payment is received, we will issue you with an email confirmation of your order details. A valid email address is required when ordering through our Website.
- By placing an order, you make an offer to us to purchase the products you have selected based on the Terms. No information on our Website constitutes or should be deemed as an offer by us to supply any products, however, Thermomix in Australia will make every effort to supply products to you. We give no undertaking as to the availability of any product advertised on our Website.
- We will notify you that your order is being processed by sending you an Order Confirmation or Invoice indicating items fully paid by email however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying each order placed.
- We will confirm acceptance of your order when we send you an email confirming shipment of the items you have ordered. If we cannot process or accept your order after payment is received we will contact you by email or telephone.
- Thermomix in Australia reserves the right to refuse service, remove or edit content, or cancel orders at its sole discretion.
9. Payment Methods and Processing
- Thermomix in Australia currently accepts Visa and Mastercard only. Payment processing will not begin until we receive all the information we need.
- We process credit card payments after you click the ‘Submit My Order’ button. For credit card payments we will email a tax invoice to you as part of your Order Confirmation. Your tax invoice is your proof of purchase.
- Please note: a. For security reasons we reserve the right to decline any credit cards issued by banks outside of Australia, b. Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.
- You may be required to provide further identification for additional security reference checks.
- Subject to the Terms, we will supply to you the products indicated on your Order Confirmation or Invoice. If for some reason a product becomes unavailable you will be contacted either by email or by phone.
- When your order items have been dispatched, we will email you to confirm shipment of each item.
- Delivery costs will be displayed either as you proceed to add items or after you have entered your postcode at the checkout.
- Thermomix in Australia reserves the right to change prices for delivery at any time. Delivery costs are influenced by the size and weight of the product and location. Delivery times are estimated at between 5-10 business days once dispatched depending on your location within Australia.
- We will endeavour to process all orders on this Website within three working days, however due to circumstances out of our control this may not occur. If there are any unforeseen delays, you will be contacted.
- Orders will be shipped to you by Australia Post, or where more appropriate, a courier service of our choosing.
12. Refund Policy
- Thermomix in Australia takes great care when packaging your order.
- Please ensure that you open your parcel and check all items are included and are undamaged. If you find that the items were damaged in transit or were faulty in some manner, please contact us within 48 hours of receiving the items. Claims for missing or damaged items cannot be accepted after 48 hours of receiving your items.
- We do not offer refunds if you simply change your mind.
- All risk of loss or damage to the goods passes to you when we despatch the items.
13. Limitations of Liability, Disclaimers of Warranties and Indemnity
Subject to the rights you may have under the Competition and Consumer Act 2010 (Cth) (as amended) or other applicable legislation (Applicable Legislation), if any:
- content and materials on this Website are provided “as is” and, to the extent permitted by law, without warranties of any kind, either express or implied;
- we disclaim all warranties, express or implied, including but not limited to implied
- warranties of acceptable quality and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement of intellectual property rights;
- we do not warrant that the Website is secure, free from viruses, bugs, worms, interruption, errors, theft or destruction or that the Website will meet your requirements. We are not responsible for any damage to your computer system which arises in connection with your use of our Website or any linked website. You assume all risks associated with using the Wesbite or any linked website.
- content and material downloaded or otherwise obtained through the use of this Website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content or material;
- Thermomix in Australia’s liability is excluded if and to the extent to which the application and safety advice in the Thermomix instruction manual is not observed;
- you expressly understand and agree that Thermomix in Australia and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential exemplary or punitive damages, or any other damages whatsoever, or for any damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from: a. the use or the inability to use this Website; b. the use of any material on this Website or any website or websites linked to this website; unauthorised access to or alteration of your transmissions or data; statements or conduct of any third party on this website; or any other matter relating to this Website.
- If any term, condition or warranty is implied into these Terms and we are able to limit your remedy for a breach of such a term, condition or warranty, then our liability for breach of the term, condition or warranty is limited to one or more of the following at our option: a. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or b. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
- Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms or the Website, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or any other basis, is limited to the amount paid by you to us as a result of the purchase of the item. In calculating our aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied terms, conditions or warranties referred to above.
- By accessing our Website, you agree to indemnify, hold harmless and, at Thermomix in Australia’s option, defend Thermomix in Australia and its affiliates, and its and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable lawyers’ fees and expenses) arising from or in connection with your use of our Website.
- We undertake to take all due care with any information which you may provide to us when accessing our Website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
15. Force Majeure
Thermomix in Australia shall not be liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond the reasonable control of Thermomix in Australia and Thermomix in Australia shall be entitled to a reasonable extension of time for the performance of such obligations.
- If any part of these Terms are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of the Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
- These Terms will be governed by and interpreted in accordance with the laws of Western Australia.
- You agree to the jurisdiction of the courts of the Western Australia to determine any dispute arising out of these Terms.
17. Registration for Shopping Required
- Registration is required prior to submitting an order in the shopping cart and is conducted through the Website. Registration is not completed until you have submitted the registration form and Thermomix in Australia has confirmed registration by confirming with you your login information. All information supplied by you upon registration must be true, complete and accurate information (User Data). You must maintain and promptly update your User Data as appropriate from time to time.
- Thermomix in Australia will use your email address as your user name and therefore when registering as a user, you must provide a genuine email address. Users must not impersonate another living person or Registered User
- Thermomix in Australia may refuse your registration where Thermomix in Australia considers your suggested user name or passwords to be inappropriate. Grounds for refusal may include, but are not limited to, offensive content, obscenity, abuse, defamatory content, contempt, incitement, copyright infringement, brand names or registered trademarks, company or organisation names, names of high-profile or public figures or names promoting political, religious, social or economic groups or issues.
- Registered Users may not use membership for business or commercial purposes.
- Thermomix in Australia reserves the right to refuse suggested usernames at its sole discretion and does not have to provide any reasons for such refusal.
- Without limiting any other provision of the Terms, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and to refuse any and all current or future use of the Website (or any portion thereof).
- All decisions made by Thermomix in Australia are final and no correspondence will be entered into.
- You agree not to assign, transfer or sublicense your rights as a Registered User of this Website. You further agree not to register more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.
- You agree to keep the User Data confidential. You understand and agree that you are fully responsible for all actions and submissions made from your account. If you become aware of any unauthorised use of your account, you should notify Thermomix in Australia immediately. (Email:firstname.lastname@example.org)