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.
2.1 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.
6.1 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.
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.
12.1 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:[firstname.lastname@example.org]).
Cooking Class Terms and Conditions
By booking a Cooking Class or Event via the Thermomix ® in New Zealand Limited Company Number 23044770 (referred to as ‘we’, ‘us’ or ‘our’) Online Store, you (‘the Participant’) acknowledge that you have read and accepted the following terms and conditions (‘Terms and Conditions’)
1.1 ‘Cooking Class’ means cooking classes held by us including:
1.1.1 Studio/Hands on Cooking Classes; and
1.1.2 Demonstration and Seminar Cooking Classes;
1.2 ‘Event’ means the events held by us at various locations:
2 Age Restrictions for Cooking Classes
2.1 Due to occupational health and safety factors, our Studio/Hands on Cooking Classes are only suitable for Participants aged 18 years and over unless it is specifically stated that the class is suitable for children in the event description of the class on the website.
2.2 Our Demonstration and Seminar Cooking Classes are suitable for all ages however, children under the age of 12 years must be accompanied by an adult.
3 Acceptance of Risk – Cooking Class
3.1 As a participant in one of our Cooking Classes, you understand and accept the inherent risks in the preparation and cooking of food at a Cooking Class.
3.2 By attending a Cooking Class you agree, to the extent permitted by law, to release, indemnify and hold harmless Thermomix in Australia and its officers, employees, agents, consultants, licensors, partners and affiliates from liability for any or all damage, loss, costs, expenses, harm and/or injury that may result from, or occur in connection with:
3.2.1 your use of or connection to this site;
3.2.2 your attendance and/or participation at a Cooking Class or Event;
3.2.3 any material or information that you submit, post, transmit or otherwise make available through this site; and
3.2.4 your negligence or misconduct, breach of these Terms and Conditions or violation of any law or the rights of any person.
4.1 Unless otherwise expressly stated, all amounts payable through our online store are in New Zealand Dollars and inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
4.2 We reserve the right to change the prices for goods and services in our Online Store at any time before you place an order.
4.3 This clause does not limit your rights as a consumer under the New Zealand Consumer Guarantees Act.
5 Orders and Confirmation of Booking
5.1 Order constitutes offer
5.1.1 By placing an order through the Online Store, you make an irrevocable offer to us to purchase the services that you have selected pursuant to these Terms and Conditions. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply any services to you – however, we will endeavour to supply your selected services to you.
5.1.2 We will not commence processing any order made through the Online Store unless and until:
- payment for the order has been received by us in full; and
- the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
5.1.3 We reserve the right at our discretion to:
- at any time prior to your order being accepted in accordance with these Terms and Conditions, cancel all or part of your order; and
- at any time:
- refuse to provide services to you;
- terminate your access to this site; and/or
- remove or edit any content on this site.
5.2 Confirmation of Booking
5.2.1 We will notify you of the acceptance of your order and confirmation of your booking when we send you a confirmation email with a tax invoice.
6 Payment Methods and Policy
6.1 Payment for orders placed through the Online Store may be made by credit card (Visa & Mastercard) processed offline.
6.2 You acknowledge that, to the best of your knowledge and belief, the information provided in the Booking Form is correct and complete.
6.3 Credit and debit card payments
6.3.1 Only VISA/MasterCard are accepted.
6.3.2 Please note that we may be unable to accept credit cards issued by banks outside of New Zealand in some cases. We do not charge additional transaction fees for paying by credit card.
6.4.1 While our payment processing and website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than us.
6.4.2 We may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as we consider appropriate at our discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
7 Refunds and other remedies
7.1.1 Except as otherwise expressly provided in these Terms and Conditions or as required by law, all amounts paid through this site are non-refundable.
7.2.1 If you cancel your ticket more than 14 days prior to the event date, you will receive a refund.
7.2.2 Cancellations received less than 14 days from the event date are non-refundable.
7.2.3 Please advise us of your cancellation by calling customer service on 0800 766 966, Monday – Friday 9am – 4pm.
7.3 Transfer to another person
7.3.1 At any time, you may transfer your ticket to another person by forwarding a copy of your tax invoice to the person attending in your place, which will serve as a ticket to the Cooking Class or Event.
7.4 Cancellations of Cooking Classes or Events by us
7.4.1 If a Cooking Class or Event is cancelled or rescheduled for any reason, all Participants will be notified as soon as practicable, and provided with a full refund.
8 Food Allergies and Dietary Requirements
8.1 Under the Consumer Law, we are required to display mandatory advisory and warning statements near food that contains allergens as defined under the Australia New Zealand Food Standards Code.
8.2 Please make our staff aware of any food allergies or dietary requirements you have at the Cooking Class or Event so we can advise you about which foods you should not consume.
9 General Terms and Conditions
9.1 Entry into Cooking Class or Event
9.1.1 To ensure entry into the Cooking Class or Event, please :
- bring the confirmation email to the venue as proof of purchase;
- arrive at least 15 minutes prior to the course commencement time.
9.1.2 Please note that Participants who arrive more than 15 minutes late may be refused entry into the Cooking Class or Event.
9.2 Dress code
9.2.1 Due to occupational health and safety reasons and the comfort of Participants it is a requirement that closed flat shoes are worn to Cooking Classes and Events.
9.3 Photographs of you
9.3.1 From time to time, we may take photographs and short videos for marketing purposes. Please advise a staff member if you do not consent to the use of your image or voice for such purposes.
9.4 Requests to leave
9.4.1 We reserve the right to require any Participant to leave at any time during the Cooking Class or Event if staff believe that the Participant is intoxicated, disruptive, offensive to others, dangerous, reckless and /or harmful in any way.
9.5 Loss and damage
9.5.1 To the extent permitted by law, we are not responsible for the loss or damage of personal items prior to, during or after a Cooking Class or Event.
9.5.2 As a Participant, you may be held financially responsible for any damage to or loss of property caused by you while on the premises.
10 Violations of these Terms and Conditions
10.1 Without limiting any other remedies available to us at law or in equity, we reserve the right to, without notice, temporarily or indefinitely refuse to provide services to you if:
10.1.1 you breach any provision of these Terms and Conditions;
10.1.2 we are unable to verify or authenticate any information that you provide to us; or
10.1.3 we believe that your actions may cause damage and/or legal liability, to us, any of our customers or suppliers or any other person.
11.1.1 This Online Store is provided strictly on an “as is” basis. To the maximum extent permitted by law, we and our officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Online Store or any of its content, and in particular do not represent, warrant or guarantee that:
- the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- this site will meet your requirements or expectations;
- anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
- the quality of any services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
- errors or defects will be corrected; or
- this site or the servers that make it available are free of viruses or other harmful components.
11.1.2 Variations to these Terms and Conditions
11.2.1 We reserve the right to amend these Terms and Conditions and any other policy on this site at any time in our sole discretion and any such changes will, unless otherwise noted, be effective immediately.
11.2.2 Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the services offered through this site.
11.2.3 You may only vary or amend these Terms and Conditions by written agreement with us.
Please direct any questions regarding our terms and conditions to: customer service on 0800 766 966