Important – this website www.thermomix.com.br (“site”) is operated by thermomix do brasil, tmh do brasil comercial e servicos ltda, cnpj 31.027.864/0001-20. this is a legal agreement between you (here referred to as “you” or “user” or “users” or “your”) and vorwerk do brasil (here referred to as “vorwerk” or “we” or “our”) that applies each time you use or access this site. therefore, please read carefully the following terms and conditions contained in this terms of use agreement (“agreement”) as they govern your purchase of goods and services, your access and use of the available information, software functionality and materials, as well as the user-created content provided through this site.
thermomix agrees to provide goods and services through this site, as well as license the use of this site and provide related information, services, software functionality, or content to you, only on the condition that you accept and agree to all the terms and conditions contained in this agreement.
if you do not agree with this agreement, you will not have permission to access or otherwise use this site and must immediately stop using it and not purchase any goods or services offered through it.
please read carefully the following sections of these terms of use: (a) applicable law; (b) limitation of liability; and (c) indemnification/disclosure.
We only sell and transport products within the Republic of Cyprus.
All price quotations are subject to change with or without notice. The quoted prices are in Reais and do not include shipping, handling or delivery charges, air transportation expenses, taxes (sales, excise, use, ad valorem, etc.), insurance, or any export or import fees. Taxes are not included and any applicable taxes may be added to the amount due for the Products at checkout. The Consumer will be responsible for the payment of all and any taxes, whether or not stated in the Product order confirmation. These charges may, at VORWERK’s sole and absolute discretion, be prepaid by VORWERK and added to the Consumer’s order confirmation. VORWERK is not responsible for pricing, typographical, or other errors in any of our offers and we reserve the right to cancel any orders arising from such errors.
We regularly update our online shop. We will do our best to ensure, but cannot promise, that the information displayed in our online shop will always be correct.
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.
You must be at least eighteen years of age to place an order in this online shop.
Registration is not required prior to submitting an order through this online shop but it is recommended for your convenience. By setting up an account at our shop, you will be able to proceed faster with your payment process, track your orders in your account, and more. See section 11 for details on how to register.
You may place your order by clicking on the ‘Add to Cart’ button below the products of your choice in this online shop. Once your selected products are in your virtual “shopping cart”, click on the ‘Check Out’ link and follow the on-screen instructions to complete your purchase. When you place your order and payment is received, we will email you a confirmation of your order details. Ordering through our online store requires a valid email address and phone number.
By placing an order, you make an offer to us to purchase the products you have selected based on these terms.
We will notify you that your order is being processed by sending you an ‘Order Confirmation’ indicating that the products have been fully paid by email. If we are unable to process or accept your order after receiving the payment, we will contact you by email or phone.
We will confirm the shipment of the products you have ordered by sending an SMS-type message from the courier of our choice.
All orders for Products must be paid in full before shipment. In order to initiate the purchase of VORWERK Products, the Consumer must have a valid credit card associated with the Consumer’s account or qualify for third-party Consumer financing, if any is provided on this Site or Mobile App. The Consumer’s credit card may be charged a nominal amount – for example, $1.00 – to validate the credit card. VORWERK may use third-party commercial processors to process the Consumer’s credit card payment. VORWERK will have the right to suspend or cancel any order until the order amounts are paid in full. The Consumer represents and warrants that: (a) any and all payment information provided to VORWERK is true, correct, and complete; (b) the Consumer is duly authorized to use the credit card presented for purchase, if any; (c) charges incurred by the Consumer will be honored by the Consumer’s credit card company; and (d) the Consumer will pay the charges incurred, including all applicable taxes, if any. The Consumer agrees to pay all attorney fees, litigation expenses, and costs incurred by VORWERK in the collection of any amounts due from the Consumer to VORWERK.
All shipments and freight originate F.O.B. An additional fee may apply to any order shipped to a destination other than the Consumer’s billing address. All indicated delivery and shipping dates are approximate and subject to Product availability. VORWERK reserves the right to ship products in multiple boxes and/or shipments.
If delivery is delayed at the Consumer’s request, or for any other reason beyond VORWERK’s control, the Product will nevertheless be considered delivered to the Consumer as of the date of VORWERK’s notification to the Consumer that the Product is available for shipment for the purposes of determining the final Product price and payment period. Products held by VORWERK for the Consumer after such notification will be held at the Consumer’s expense and risk. Under no circumstances will VORWERK be liable for incidental, consequential, or special damages, including lost profits, arising from delay or failure to deliver.
According to this Agreement, an order is an offer to purchase the Products listed in the order. All orders submitted are subject to final review and approval/acceptance. All orders must be accepted by us or we shall not be obligated to sell the Products to you. Upon order approval, we will send an email with shipping information. Acceptance of your order and the formation of the sales contract between VORWERK and you will not occur unless you receive an email with shipping information for your order. VORWERK reserves the right, in our sole discretion, to not accept any orders. Returns will be processed according to VORWERK’s current Return Policy. To return Products, the Consumer must contact VORWERK Customer Service Department before returning any Product. The Customer Service Department will provide the Consumer with a shipping label. The product must not be returned without it, and VORWERK is not responsible for products returned without the shipping label provided by VORWERK. All used or refurbished products are sold “as is” and cannot be returned for any reason. Any refunds issued by VORWERK will be returned in the form in which the order was paid, as identified in the applicable order confirmation.
The consumer declares and warrants that they shall: (a) comply with all applicable laws regarding the use of the Product; (b) take all reasonable precautions necessary when using the Product to promote safety, prevent accidents, and avoid injury or damage to persons or property; and (c) promptly notify VORWERK upon discovering any issue with the Product that poses any health or safety risk. VORWERK warrants that the Products purchased under this document will be free from defects in material and workmanship in accordance with the terms of its Warranty Limitation for Products located at thermomix.com.br.
“VORWERK seeks to adhere to best practices in safety and personal data protection, promoting awareness of good practices in this area, and enhancing systems to manage the protection of data provided by its customers in strict compliance with legal obligations.
Completion of data collection forms and the provision of data, whether directly or indirectly, imply understanding of the conditions of this Policy, and any other specific terms, policies, and conditions related to the services provided.
“”Personal information”” refers to any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to a particular consumer or household, including real name, pseudonym, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, ID number (RG/CPF/CNPJ), driver’s license number, passport number, or other similar identifiers.
Personal information does not include:
Information publicly available in government records.
Non-identified or aggregated consumer information.
Information excluded from the scope of privacy regulations (e.g., LGPD).”
Whilst reasonable efforts are made 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 is completely secure.
“Registering for an account is not mandatory before placing an order on this online store, but it is recommended for your convenience.
Once you have opened an account in your name, all information provided at the time of registration must be true, complete, and accurate (“”User Data””). You must promptly maintain and update your User Data as appropriate from time to time.
We will use your email address as your username, and therefore, when registering as a user, you will need to provide a genuine email address. You must not impersonate any living person or a Registered User.
We may reject your registration if we find your proposed username or passwords inappropriate. Reasons for rejection may include, but are not limited to, offensive content, obscenity, abuse, defamatory content, contempt, incitement, copyright infringement, brand names or trademarks, company names or organizations, high-profile names or names of public figures, or names that promote political, religious, social, or economic groups or issues.
Registered users may not use their membership for commercial or business purposes.
We reserve the right to refuse suggested usernames at our sole discretion and are not obligated to justify such refusal.
Without limiting any other provisions of these terms, if you provide any information that is false, inaccurate, or incomplete, or if we have reason to suspect that this is the case, we reserve the right to suspend or terminate your user account and refuse all current and future use of this online store (or any part thereof).
You agree not to assign, transfer, or sublicense your rights as a registered user of this online store. You also agree not to register more than one account, create an account on behalf of another person, or create a false or misleading identity on this online store.
You agree to keep User Data confidential. You understand and agree that you are fully responsible for all actions and submissions made from your account. If you notice any unauthorized use of your account, you must notify us immediately (Email: contato@thermomix.com.br).”
We may use the categories of personal information mentioned above for one or more of the following business purposes:
To process your request for information, such as products/services, culinary demonstrations, and Independent Consultant opportunities.
To process product and service transactions and send transaction notices.
To provide sales support and customer service, as well as quality assurance.
To fulfill or meet the reason for which information is provided. For example, if you provide us with your banking information to receive commission payments, we will use that information to transmit commission payments.
To provide targeted marketing and advertising, service update notices, and make promotional offers based on your communication preferences.
To enable friend referral emails. We may provide functionality to allow you to send messages about Site-related content to a friend through the Site. If you choose to use this feature, you may provide us with your friend’s email address so that we can facilitate sending your message to them.
To verify your identity, including account-related matters.
To send administrative communications related to the Site, service-related announcements, etc., that are necessary to serve you, respond to your concerns, and provide the high level of customer service that VORWERK offers. Because such information may be important for your use of the Site, you may not opt out of receiving such communications unless you explicitly withdraw your consent to our use of your personal information as described in this Privacy Policy.
To review/manage Site usage and operations and for compliance with our Terms of Use and the law.
To resolve issues with the Site, our business, or our services.
To contact you at any phone number, via voice call or through text (SMS) or email, as authorized by our Terms and Conditions and Independent Consultant Agreement.
To detect, prevent, or investigate security breaches, fraud, or other suspicious/prohibited/illegal activities; or violations of our Independent Consultant Agreement or Consultant Manual.
Maintain appropriate records for internal administrative purposes.
To provide important product safety information and product recall notices.
We use your IP address and the IP addresses of all users for purposes such as calculating Site usage levels, assisting in diagnosing problems with Site servers, administering the Site, analyzing trends, conducting internal statistics/research, including detecting and preventing suspicious activities, administering the Site, tracking traffic patterns, and gathering demographic information for aggregate use.
To improve our website and present content to you.
For testing, research, analysis, and product development.
As described to you when collecting your personal information.
We may use these technologies to collect information for a variety of purposes, such as analyzing how the Site is used, personalizing your experience on the Site, or improving our content or offers. Your browser may provide tools to block or delete cookies. However, if your browser is set to reject cookies or you manually delete them, you may have difficulty accessing and using some of the pages and features currently on our Site, or that we may add to our Site in the future.
All this information collected by VORWERK is cumulative so that VORWERK and its Operators can provide better service. Personal data is processed to offer better management of the company’s business, commercial, and digital marketing services. To achieve this, it is often necessary to cross-reference the data we collect so that marketing actions are targeted towards what the customer expects to receive from VORWERK.
Should any provision of this Agreement be deemed invalid or unenforceable, that provision shall be interpreted in accordance with applicable law, and the remaining provisions shall remain in effect. In the event that any provision of this Agreement is deemed invalid, void, or unenforceable by a court of competent jurisdiction, you agree that, unless it materially affects the entire intent and purpose of this Agreement, such invalidity, voidness, or unenforceability shall not affect the validity of this Agreement or the remaining provisions herein, and the affected provision shall be replaced with a valid and enforceable provision that best reflects the intent and purpose of the original provision. Headings are for reference purposes only and do not define, limit, construe, or describe the scope of such section in any way. Our failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision. This Agreement constitutes the entire agreement between you and us regarding the use of this Site. The relationship between you and VORWERK is and shall remain that of independent contractors, and nothing in this Agreement shall be construed or used to create or imply any partnership, joint venture, or employer-employee relationship. You may not assign or otherwise transfer this Agreement or the license granted herein, or delegate any of your specified duties herein, in whole or in part, without the prior written consent of VORWERK. Any attempt to assign, delegate, or transfer in violation of this Agreement shall be void and constitute a material breach of this Agreement. Notwithstanding the foregoing, VORWERK may assign ownership of this Agreement in whole or in part. Additionally, VORWERK may delegate our rights and responsibilities or use contractors or agents to fulfill our obligations under this Agreement. This Agreement and VORWERK’s Privacy Policy, which is incorporated herein by reference as if fully set forth herein, constitute the entire agreement between you and VORWERK regarding the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and VORWERK regarding this Site. Please note that VORWERK reserves the right to change the terms and conditions of this Agreement and the manner in which this Site is extended to you by providing you with written or electronic copies of such revised terms or by posting notice on this Site. Your continued use of this Site after any changes to such Site will constitute acceptance of being bound by any changes to this Agreement or this Site.
Questions about the Terms should be sent to us at contato@thermomix.com.br.
