The Mix ™ Shop Terms & Conditions

THERMOMIX ® IN NEW ZEALAND LTD

PURCHASE TERMS & CONDITIONS

These are the terms and conditions that apply when you purchase products from Thermomix ® in New Zealand Limited Company Number 2304477 c/- Uhy Haines Norton (Auckland) Limited, 22 Catherine Street, Henderson, Auckland 0612, New Zealand, trading under the name “Thermomix ® in New Zealand” (“we”, “us” or “our”) from our online shop.
For information relating to the cancellation of transactions entered into through an ‘in-home’ Cooking Experience please click here or contact the independent consultant specified in your Order Form and Tax Invoice

1                 New Zealand Sales Only

We only sell and ship products within New Zealand. If you wish to purchase products in Australia please click here.

2                 Pricing

2.1            Our displayed product prices are in New Zealand Dollars and include GST, unless otherwise indicated.
2.2            Our displayed prices exclude freight and handling charges which will be added to the total price for your order.
2.3            Our displayed prices may change from time to time.

3                 Product Descriptions

3.1            We update our online shop regularly. We will do our best to ensure, but cannot promise, that the information displayed on our online shop will always be correct.
3.2            Our online shop includes images for illustrative purposes, but we cannot promise that any image will always reflect or portray the full design or options relating to that product.

4                 Placing Your Order

4.1            You must be at least eighteen years of age to place an order on this online shop.
4.2            Registration is required prior to submitting an order through this online shop. Please see clause 13 for details of how to register.
4.3            You may place your order by clicking on the ‘Add to Cart’ button alongside the products of your choosing on this online shop. 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 online shop.
4.4            By placing an order, you make an offer to us to purchase the products you have selected based on these terms.
4.5            We will notify you that your order is being processed by sending you an ‘Order Confirmation’ or ‘Tax Invoice’ indicating that the products have been 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 and availability of products ordered.
4.6            We will confirm acceptance of your order when we send you an email confirming shipment of the products you have ordered. If we cannot process or accept your order after payment is received we will contact you by email or telephone.

5                 Payment Methods and Processing

5.1            We currently accept Visa and Mastercard only.
5.2            We process credit card payments after you place an order in accordance with clause 4.
5.3            For security reasons we reserve the right to decline any credit cards issued by banks outside of New Zealand.
5.4            You may be required to provide further identification for additional security reference checks.

6                 Delivery

6.1            Delivery costs will be displayed either as you proceed to add products or after you have entered your postcode at the checkout.
6.2            Delivery prices may change from time to time. Delivery costs are influenced by the size and weight of the products and your location. Delivery times are estimated at between 5-10 business days once dispatched depending on your location within New Zealand.
6.3            We will endeavour to process all orders on this online shop 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.
6.4            Orders will be shipped to you by New Zealand Post, or where more appropriate, a courier service of our choosing.
6.5            All risk of loss or damage to the goods passes to you when we dispatch the products. Title to the goods passes once full payment for the goods is received by us.

7                 Consumer guarantees

Our products come with consumer guarantees that cannot be excluded under the Consumer Guarantees Act 1993. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
Please ensure that you open your parcel and check all products are included and are undamaged. If you believe that the products were damaged in transit or are faulty, please contact us as soon as possible.
We do not offer refunds if you simply change your mind. The consumer guarantees may also not apply if the products are damaged by abnormal use.

8                 Privacy Policy

We undertake to comply with the terms of our privacy policy which is set out here.

9                 Security of information

Whilst we use our reasonable endeavours to protect the security of transmission of information over the Internet, we do not guarantee or warrant that any transmission of any data over the Internet as totally secure. Accordingly, any information which you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of such information. You should never share your secure information, password or identifier with any person.

10               Indemnity and Limitation of Liability

10.1            You indemnify us at all times against any loss, damage or costs suffered or incurred as a direct or indirect result of your breach of any obligations under these terms and conditions (including without limitation all dishonour fees, debt collection, collection agency costs and legal costs on a solicitor/client basis).
10.2            Notwithstanding any contrary provision contained in these terms and conditions or elsewhere, our maximum liability to you under or in connection with these terms and conditions or in relation to any products and/or services will be limited at our sole option to:
(a) replacement of the product or the supply of an equivalent product; or
(b) the refund of any amount actually paid by you the for the product.
10.3            Nothing expressed or implied in these terms and conditions will confer any liability on us for any consequential, indirect or special loss, damage, cost or expense suffered or incurred by you as a direct or indirect result of:
(a) a breach by us of any of obligations under these terms and conditions; or
(b) any use of any of our products otherwise than in accordance with any relevant specifications we have notified you of.

11               Cancellation or Suspension of Contract

We reserve the right to refuse to accept any order without liability to you. You acknowledge that upon our acceptance of any order, you will be bound by that order and will not be entitled to terminate, rescind or cancel any order placed with except in accordance with clause 7.

12               General

12.1            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.
12.2            These terms will be governed by and interpreted in accordance with the laws of New Zealand.
12.3            You agree to the jurisdiction of the courts of the New Zealand to determine any dispute arising out of these terms.
12.4            These terms and conditions will not be deemed waived or varied unless in writing and signed by an authorised representative of Thermomix ® in New Zealand Limited.
12.5            We will not be liable for any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or any other even beyond our reasonable control.
12.6            Any failure by us to enforce any provision of these terms and conditions will not be treated as a waiver of that provision, nor will it affect our right to subsequently enforce that provision.

13               Registration for Shopping Required

13.1            Registration is required prior to submitting an order through this online shop. Registration is not completed until you have submitted the registration form and we have confirmed registration by confirming your login information with you. 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.
13.2            We will use your email address as your user name and therefore when registering as a user, you must provide a genuine email address. You must not impersonate another living person or Registered User.
13.3            We may refuse your registration where we consider 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.
13.4            Registered Users may not use membership for business or commercial purposes.
13.5            We reserve the right to refuse suggested usernames at our sole discretion and do not have to provide any reasons for such refusal.
13.6            Without limiting any other provision of these 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 this online shop (or any portion thereof).
13.7            You agree not to assign, transfer or sublicense your rights as a Registered User of this online shop. 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 online shop.
13.8            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 us immediately (Email:[info@thermomix.co.nz]).