Terms & Conditions In these terms and conditions (‘Terms’), a reference to ‘we’, ‘us’ or ‘our’ is a reference to The Mix Australia Pty Ltd ACN 069 944 930 and our officers, employees, agents, consultants, licensors, partners, affiliates and related bodies corporate.
2. ACKNOWLEDGEMENT AND ACCEPTANCE
2.1. By accessing or using this website or acquiring any Goods or Services, you agree to accept and comply with these Terms. If you do not agree to these Terms then you must refrain from accessing or using this website or acquiring any Goods or Services.
3.1. We reserve the right to amend these Terms from time to time without notice with immediate effect. Your continued use of this website or acquisition of Goods or Services following such amendment will be taken by us to represent your agreement to be bound by the Terms as amended.
4. ACCESS AND USE
4.1. When you access or use this website you must:
a. only do so in accordance with these Terms;
b. be at least 18 years of age to place an order or purchase Goods or Services;
c. ensure that your access and use is not illegal or prohibited by laws that apply to you;
d. only access parts of this website that are designated for unrestricted public access unless we have expressly given you permission to access other areas and then only for the purposes, and in the manner, permitted by us;
e. keep all passwords that we give you confidential and not disclose it to any other person or permit any other person to use that password;
f. immediately change any password that we have given you if you believe that it has become known to any other person;
g. follow our instructions and any terms we publish on this website in so far as they apply to you;
h. make sure all information and instructions that you give us are true, correct and complete, and that you are authorised to provide the information and instructions;
i. not reproduce, duplicate, copy, sell, re-sell, adapt, transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, or caching by a storage or information retrieval system, or download accelerator) or otherwise exploit any part of this website for any commercial purpose;
j. take your own precautions to ensure that the process which you employ for accessing or using this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system;
k. unless we agree otherwise in writing, only access or use this website for your personal use. You are authorised to print a copy of any information contained on this website for your personal use (unless such printing is expressly prohibited). Without limiting the foregoing, you may not without our prior written permission (which may be granted or withheld at our absolute discretion) on-sell information obtained from this website.
5.1. This website is provided strictly on an “as is” basis. To the maximum extent permitted by law, we make no representation, warranty or guarantee:
a. as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the website or any of its content;
b. this website or any information contained on this website will be suitable for your purposes or that it will meet your requirements or expectations;
c. that access to this website will be uninterrupted or error-free;
d. that defects will be corrected or that the site or the server that makes it available is free of viruses, bugs or anything similar that may impact the functionality, accuracy and/or reliability of the website.
5.2. You acknowledge that despite reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of the information on your computer or this website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
6.1. To the extent permitted by law, we do not accept liability or responsibility for any direct, indirect, incidental, special and/or consequential loss or damage (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other economic losses), howsoever caused (including through negligence) which you may suffer, sustain or incur in connection with or as a result of your use of, or inability to use, this website or any linked website or Goods or Services, or reliance upon any information contained on or accessed through this website.
6.2. Nothing in these Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right, representation or remedy implied by law (including the Competition and Consumer Act 2010 or the Australian Consumer Law) which cannot by law be excluded, restricted or modified. Any other condition, warranty, guarantee, right, representation or remedy which might otherwise be implied into these Terms is hereby excluded.
7. ACCURACY OF REPRESENTATIONS
7.1. Whilst all reasonable care has been taken to ensure that product images and product descriptions shown on this website are an accurate representation of the actual product the very nature of imaging product and reproducing those images on a website means that we cannot warrant the accuracy of these representations and product features, specifications, sizes and colours may vary. The colours you see on this website will also depend on your screen display and settings and we cannot guarantee that your monitor's display of any image will accurately reflect the colour of the product you receive.
8.1. All prices are in Australian dollars and include Goods and Service Tax within the meaning of Australian tax law (‘GST’) unless otherwise indicated.
8.2. In addition to the price of the Goods or Services, you will also need to pay any applicable delivery or shipping fee, which will appear in your shopping cart at the checkout. Delivery or shipping fees may change from time to time and may be influenced by the type of product or delivery location.
8.3. We reserve the right to change the price of Goods or Services at any time without prior notice to you.
9.1. All Goods or Services advertised on this website are subject to availability and may be out of stock or not be available at the time of placing an order.
9.2. We reserve the right to withdraw any Goods or Services from sale temporarily or permanently without prior notice to you for any reason. Some Goods or Services might still appear on this website for a period of time after that withdrawal but that is not a representation that they are available.
10. REGISTRATION TO PLACE AN ORDER
10.1. You must become a registered user (‘Registered User’) before you can place an order for Goods or Services through this website or a third party website used to book Cooking Classes (defined below). Registration is not completed until you have submitted the registration form and you have received confirmation of your registration. 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.
10.2. 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.
10.3. 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.
10.4. Registered Users may not use their account for business or commercial purposes.
10.5. We reserve the right to refuse suggested usernames at our sole discretion and do not have to provide any reasons for such refusal.
10.6. 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).
10.7. 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.
10.8. 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 by filling out this form.
11. PLACING AN ORDER
11.1. When you place an order on this website it becomes an offer by you to purchase those Goods or Services.
11.2. We may accept or reject your offer or place limits on the number of Goods or Services in your order in our absolute discretion.
11.3. If we accept your order it will become a separate and binding agreement between you and us with respect to the supply of those Goods or Services in accordance with these Terms.
11.4. By placing an order for Goods or Services, you agree to pay:
a. the purchase price of each Good and Service that is ordered;
b. all applicable delivery or shipping fees for delivering the Goods or Services to you; and
c. any other fees and charges that apply in relation to your order. 11.5. We may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation where:
d. our fraud detection systems detect possible irregularities;
e. your financial institution has declined payment; or
f. your payment card has expired.
11.6. Where this is the case, we reserve the right to cancel your order or place your order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
11.7. 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.
11.8. 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.
12. PAYMENT METHODS
12.1. You must pay for Goods or Services by a payment method acceptable to us in our absolute discretion. Currently, we accept the following payment methods:
a. Visa or MasterCard for all orders;
b. Visa, MasterCard, American Express, PayPal, AliPay, WeChat, Zip Money and Direct Deposit for Thermomix and TheMix Shop orders.
12.2. If the name on the credit card/payment card/account does not match the name on the order, we may ask you to provide additional information (for example, proof of identity documents) in accordance with our fraud detection processes. By providing your credit card/payment card/gift card you authorise us to deduct all amounts due and payable.
12.3. We reserve the right to change the payment methods that can be used for orders at any time without prior notice to you in our absolute discretion.
12.4. For Thermomix orders, we also offer ‘Easy 3 Payments’ when paying by a credit card acceptable to us. Easy 3 Payments allows payment over three instalments, where the first instalment is required to be paid prior to delivery of the Thermomix; the second instalment is required to be paid within 30 days of the first instalment; and the third instalment is to be paid within 60 days of the first instalment. And administration fee may apply.
12.5. Whilst we make every effort to ensure the security of your payment you acknowledge that no transmissions over the internet can be guaranteed as totally secure and therefore you use your credit card to make payments for Goods or Services on this website entirely at your own risk.
13. TRANSFER OF OWNERSHIP
13.1. We retain ownership and title, and have a security interest, in any Goods we supply to you until we have received full payment for the Goods and other amounts due to be paid to us at that time by you.
13.2. If you do not pay any amount you owe to us by the due date then we may seek to recover from you any costs incurred (including on a full indemnity basis) as a result of enforcing and collecting payment that we are lawfully entitled to recover.
14.1. We seek to dispatch Goods (other than a Thermomix) within 3 business days and a Thermomix within 10 business days of your order being accepted.
14.2. There may be delays in dispatching Goods due to circumstances beyond our control or during periods of high demand such as sale periods and during December.
14.3. We currently use third party delivery services including Australia Post and StarTrack to deliver our Goods so we cannot influence delivery times after dispatch. Estimated delivery times after dispatch are 7 to 10 business days for cities and major metro areas and an additional 2 to 5 business days for other areas.
14.4. All dispatch and delivery timeframes are estimates only and to the extent permitted at law we do not accept liability for any loss, expense, or other damage caused by any delay in dispatch or delivery.
14.5. For deliveries to New Zealand, please visit our NZ site by clicking here.
14.6. Risk passes to you upon dispatch.
15.1. For Thermomix orders, if you wish to change your mind you may cancel your order at any time within 10 business days of placing your order by contacting your Consultant. In this event, we will provide a full refund of the purchase price if the product has not been used, in as new condition and still in the original packaging. All return handling and postage costs are payable by you.
15.2. For other Goods, we do not offer refunds for change of mind returns.
15.3. We reserve the right to cancel an order that we have previously accepted, at any time before delivery and for whatever reason, including but not limited to:
a. not being able to supply the Goods or Services within a reasonable time or at all due to an event beyond our control;
b. an error on the website in relation to the Goods or Services, for example, in relation to a description, price or image;
c. you not meeting our payment terms or us not being able to process or accept your payment.
15.4. Where we cancel your order after acceptance, we will notify you of cancellation and refund money paid in respect of that order.
16.1. You must check your Goods as soon as they are delivered to you in order to ensure that you received what your ordered and they are not damaged or faulty. If you believe the Goods you received are incorrect, damaged or faulty, please contact us a s soon as possible.
16.2. If you wish to return your Goods please contact our Customer Service team by filling out this form.
16.3. Our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled to cancel your Service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with Goods. If a failure with the Goods or a Service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the Goods and to cancel the contract for the Service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Goods or Service.
16.4. Where Goods or Services are not used for personal, domestic or household purposes, to the extent permitted by law any liability we may have to you in respect of any non-excludable consumer guarantee, warranty or representation is limited to supplying the Services again or the payment of the cost of having the Services supplied again, at our option.
16.5. You may not be entitled to a remedy if you have damaged the Goods by using them in a way that is unreasonable.
17. THERMOMIX TM6 WARRANTY
17.1. The Products come with guarantees that cannot be excluded under the Australian Consumer Law. 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.
17.2 In addition to your rights and remedies under the Australian Consumer Law, The Mix Australia provides the following warranty on the Thermomix (including the Varoma) – The Thermomix and spare parts supplied with the Thermomix at the time of purchase carry a 24 month warranty against faulty parts and workmanship when used in a domestic environment and a 12 month warranty against faulty parts and workmanship when used in a commercial environment. The warranty excludes normal wear and tear on blades and other consumable parts. The warranty commences from the date of dispatch from The Mix Australia. Within this period, The Mix Australia will repair or replace, at its option, defective parts at no charge (Warranty).
17.3 This Warranty only applies if the Thermomix is used and cared for in accordance with the guidelines set out in the manufacturer’s instruction manual provided at the time of purchase. This Warranty is not valid if repairs had previously been undertaken by anyone other than an authorised The Mix Australia service technician (Service Technician) or if the fault has been caused by misuse, negligence or alterations to the Thermomix by anyone other than a Service Technician.
17.4 The instruction manual provides remedies for common malfunctions. Please consult your manual first should a minor malfunction occur. In all other situations, in the first instance please contact your independent Thermomix Consultant or alternatively The Mix Australia by filling out the contact form at our website thermomix.com.au/pages/service-support
17.5 Your concerns will then be assessed for appropriate action to be decided by The Mix Australia. In the event that the Thermomix is to be repaired or parts sent to you under the Warranty, The Mix Australia will be responsible for all costs associated with freight charges within Australia to and / or from The Mix Australia service centre nominated by The Mix Australia for the repairs. Except to the extent required by law, all consumer guarantees, representations, warranties, terms and conditions in relation to the Products (whether implied or otherwise) are hereby excluded to the maximum extent permitted by law.
17.6 This Warranty is transferable by you to any subsequent owner. To transfer the Warranty, fill out the webform at https://thermomix.com.au/pages/transfer-of-ownership, and submitting the form. In the Description box, please include your order number and the serial number of the TM6, TM5 or the base number of the TM31. Further information in relation to the transfer of the Warranty, including a frequently asked questions section, can be found at our website www.thermomix.com.au.
18. Competitions and Promotions
18.1. Certain parts of the website may contain competitions or promotions. The terms and conditions for those competitions and promotions will be specified on the relevant part of the website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, we specifically retain the right, at any time and without notice, to remove, alter or add to competitions or promotions on the website without any liability to you.
19. GIFT CARDS
19.1. A gift card purchased from The Mix Shop (‘Gift Card’) where the face value of the Gift Card has been paid by a customer in exchange for the Gift Card can only be used to purchase Goods offered for sale on this website including Thermomix (but excluding other Gift Cards and Thermomix purchases using the Easy 3 Payments method).
19.2. Gift Cards issued by us for promotional purposes (e.g. where a Gift Card is issued as a bonus with the purchase of a Thermomix, or where a Gift Card is issued without the face value of the Gift Card being paid for by the customer) can only be used to purchase Goods offered for sale on this website (excluding Thermomix and other Gift Cards).
19.3. Where the cost of a purchase exceeds the available balance on a Gift Card you must pay the difference using another payment method acceptable to us.
19.4. You can use more than one Gift Card to make a purchase.
19.5. Gift Cards are non-refundable and cannot be exchanged for cash, reloaded or topped up. No change will be given for any unused value of a Gift Card.
19.6. Any unused value will remain in the Gift Card until expiry and can be used towards future purchases.
19.7. Where you are eligible for a refund on Goods purchased wholly or in part by using a Gift Card we may, at our discretion, issue you with another Gift Card to the same value of the amount paid to purchase the Goods using the Gift Card.
19.8. Gift Cards purchased from The Mix Shop (‘Gift Card’) where the face value of the Gift Card has been paid by a customer in exchange for the Gift Card expire 3 years from the date of issue. Upon expiry, the Gift Card can no longer be used and any unused value is forfeited.
19.9. Gift Cards issued by us for promotional purposes (e.g. where a Gift Card is issued as a bonus with the purchase of a Thermomix, or where a Gift Card is issued without the face value of the Gift Card being paid for by the customer) will state the expiry date within the promotion. The expiry dates for promotional Gift Cards are determined at our discretion.
19.10. We are not responsible or liable for lost or stolen gift cards, damage to a Gift Card not caused by us or for errors in any details provided to us for the purchase of a Gift Card (including any name, email address or physical address).
20. COOKING CLASSES AND EVENTS
20.1. A ‘Cooking Class’ means a cooking class or event arranged or held by us or one of our agents, consultants, licensors, partners or affiliates including but not limited to virtual, studio, hands on, demonstration or seminar cooking classes or other event.
20.2. Due to occupational health and safety factors, our studio and hands on Cooking Classes are only suitable for participants aged 18 years and over unless it is specifically stated that the Cooking Class is suitable for children in the description of the Cooking Class on this website.
20.3. 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.
20.4. There are inherent risks in attending a Cooking Class, including but not limited to, the preparation and cooking of food. By attending a Cooking Class, you agree, to the extent permitted by law, to release us, indemnify us and hold us harmless and our 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:
a. your use of or connection to this website;
b. your attendance or participation at a Cooking Class;
c. the attendance of a child or other person who is under your care at a Cooking Class;
d. any material or information that you submit, post, transmit or otherwise make available through this website; and e. your negligence or misconduct, breach of these Terms or violation of any law or the rights of any person.
20.5. We will provide you with a refund of price you paid to book a Cooking Class if you cancel your booking no later than 14 days before the date of Cooking Class. We do not offer refunds if you cancel your booking withing 14 days of the date of the Cooking Class. To cancel your booking you should contact the organiser of the Cooking Class.
20.6. If a Cooking Class is cancelled or rescheduled by us for any reason such as low attendance or sickness we will notify you as soon as possible and offer you a full refund of the amount you paid to book the Cooking Class.
20.7. You may transfer your Cooking Class booking 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.
20.8. Please make staff aware of any food allergies or dietary requirements you have when attending a Cooking Class so they can advise you about which foods you should not consume.
20.9. To ensure your entry into the Cooking Class, you must bring the confirmation email to the Cooking Class as proof of purchase and arrive at least 15 minutes prior to the commencement time. Entry may be refused if you arrive after the commencement of the Cooking Class.
20.10. Due to occupational health and safety reasons you must wear closed toe flat shoes to Cooking Classes.
20.11. 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.
20.12. We reserve the right to require you to leave at any time during the Cooking Class if staff believe that you are intoxicated, disruptive, offensive to others, dangerous, reckless or harmful in any way.
20.13. 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.
20.14. When you attend a Cooking Class, you will be held financially responsible for any damage to or loss of property caused by you while on the premises.
Alcohol (Bring Your Own Alcohol – Studio / Hands On Cooking Classes only)
20.15. You may consume an alcoholic beverage (the equivalent of a standard drink) at studio or hands on Cooking Classes.
20.16. If you consume alcohol then you will consume alcohol in a responsible manner and follow the directions of staff in relation to the serving and consumption of alcohol.
20.17. For further information, please see our Responsible Service of Alcohol Policy at thermomix.com.au/pages/rsa.
21. RELATIONSHIP WITH VORWERK INTERNATIONAL
21.1. We are authorised by Vorwerk International Strecker & 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 us on this website under Vorwerk’s control.
22. INTELLECTUAL PROPERTY RIGHTS
22.1. Copyright in this website (including all text, graphics, logos, icons, sound recordings and software) is owned or licensed by us from Vorwerk or a related entity of Vorwerk. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means: a. adapt, reproduce, store, distribute, print, display, perform, publish or create any derivative works from any part of this website; or b. commercialise any information, products or services obtained from any part of this website, without our prior written permission, which may be granted or withheld at our absolute discretion.
23. THIRD PARTY WEBSITES
23.1. This website may contain links to other websites (“third party websites”). The links are provided for convenience only and may not remain current or be maintained.
23.2. We are not responsible for the content or privacy practices associated with third party websites. We assume no responsibility and accept no liability for the terms and condition or content of third party websites that may be linked to or accessed from this website.
23.3. Our links with third party websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of the third party websites, or of any information, graphics, materials, products or services referred to or contained on the third party websites, unless and to the extent stipulated to the contrary.
25. SECURITY OF INFORMATION
25.1. 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.
26. TERMINATION OF ACCESS
26.1. We may terminate your access to our website at any time without notice. Our disclaimer will survive the termination of access.
27.1. If any provision of these Terms is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms and shall not affect the validity and enforceability of any other provision of these Terms.
28.1. If we do not exercise or enforce any right available to us under these Terms or otherwise arising at law or in equity, this does not constitute a waiver of those rights.
29. GOVERNING LAW
29.1. These Terms are governed by, and are to be interpreted in accordance with, the laws in force in the State of Western Australia.
29.2. We make no representation or warranty that the content of this website complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this website.