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Website Terms of Use

1 TERMS
1.1 These terms and conditions apply to the use of this website and any pages or materials contained on this website.  These terms and conditions do not apply to the Thermomix ® Recipe Community or the Cookidoo ® (My-Thermomix ® Recipe Platform).  A copy of the terms of use for the Thermomix ® Recipe Community is set out here, and a copy of the terms of use for Cookidoo ® (My-Thermomix ® Recipe Platform) is set out here.
1.2 In using this website, you agree to be bound by these terms and conditions.  If you do not agree to these terms and conditions, you must refrain from using this website.
1.3 In these terms and conditions, the expressions ‘we’, ‘us’ and ‘our’ are a reference to The Mix Australia Pty Ltd ACN 069 944 930 of 30 Ledgar Road, Balcatta, Western Australia.
2 AMENDMENTS TO TERMS AND CONDITIONS
We reserve the right to amend these terms and conditions from time to time.  Amendments will take effect immediate upon notification on this website.  Your continued use of this website following such notification will be taken by us to represent your agreement to be bound by the terms and conditions as amended.
3 DISCLAIMER
3.1 We do not accept responsibility for any loss or damage, howsoever caused (including through negligence) which you may directly or indirectly suffer, sustain or incur in connection with or as a result of your use of this website or any linked website or reliance upon any information contained on or accessed through this website.
3.2 To the extent permitted by law, condition, warranty or representation which would otherwise be implied into these terms and conditions is hereby excluded.  Any liability we may have to you under legislation in respect of any non-excludable warranty or representation is limited where permitted to supplying the services again or the payment of the cost of having the services supplied again, at our option.
4 EXCEPTION TO DISCLAIMER
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
5 SPECIFIC WARNINGS
5.1 You must ensure that your access to and use of this website is not illegal or prohibited by laws which apply to you.
5.2 You must take your own precautions to ensure that the process which you employ for accessing 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.  For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with or as a result of your use of this website or any linked website.
5.3 Whilst we have no reason to believe that any information contained on this website is inaccurate, and we use all reasonable endeavours to maintain the accuracy of information contained on this website, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated.  We do not accept responsibility for any loss or damage suffered, sustained or incurred as a result of or in connection with your reliance upon the accuracy or currency of information contained on this website.
5.4 We do not give you any assurances that any information contained on this website will be suitable for your purposes or that such information will be error-free.  You agree that you do not rely on any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.
6 RELATIONSHIP WITH VORWERK INTERNATIONAL
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.
7 INTELLECTUAL PROPERTY RIGHTS
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:
7.1 adapt, reproduce, store, distribute, print, display, perform, publish or create any derivative works from any part of this website; or
7.2 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.
8 RESTRICTED USE
Unless we agree otherwise in writing, you are provided with access to this website only 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.
9 THIRD PARTY WEBSITES
9.1 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.
9.2 We are not responsible for the content or privacy practices associated with third party websites.
9.3 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.
10 PRIVACY POLICY
We undertake to comply with the terms of our privacy policy which is set out here.
11 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.
12 TERMINATION OF ACCESS
We may terminate your access to our website at any time without notice.  Our disclaimer will survive the termination of access.
13 GOVERNING LAW
These terms and conditions are governed by the laws in force in the State of Western Australia.

Thermomix - Terms and Conditions of Purchase

Easy 3 Payments
The Mix Australia Pty Ltd (The Mix Australia) extends Easy 3 payment terms to customers (Client or You) paying by credit card only. Simply complete the front of this Order Form authorising The Mix Australia to deduct your initial payment prior to delivery. A second installment will be deducted from your nominated credit card account 30 days after the first instalment, with a third and final payment deducted from the same account 60 days after the first instalment.
Your Consultant will discuss the current pricing schedule for Easy 3 Payments with you. An administration fee applies.
Transfer of Ownership
Title in any Products supplied by The Mix Australia passes to the Client only when the Client has made payment in full for all Products provided by The Mix Australia and of all other sums due to The Mix Australia by the Client on any account whatsoever. Until all sums due to The Mix Australia by the Client have been paid in full, The Mix Australia has a security interest in all Products.
Payment of collection fees upon default
If You do not pay The Mix Australia any amount owing on time (including an Easy 3 Payment), or otherwise default on any of Your obligations, You must pay The Mix Australia its costs and expenses (including administrative costs, mercantile collection agent fees and costs and legal costs on a full indemnity basis) in relation to enforcing and collecting payment.
Cancellation Notice
You may cancel this transaction at any time within 10 business days of the date of this order by contacting your Consultant. In the event that the goods have not been used, are in as new condition and still in the original packaging a full refund of the purchase price will be provided. All return handling and postage costs would be payable by you.
Delivery
Please be assured that we make every effort to deliver your order to you as quickly as possible. Dispatch will normally be within 10 business days of receiving your payment for your order. We use third party delivery services such as Australia Post and StarTrack which may experience delays from time to time. The Mix Australia reserves the right to charge freight on all deliveries. This fee will be made known to you at the time of placing your order. No deliveries will be made while payment is outstanding with the exception of Orders placed with Easy 3 payments conditions as above.
Your Privacy
The Mix Australia collects, holds and uses information subject to its privacy and credit reporting policies (www.thermomix.com.au/privacy). The Mix Australia may collect information from third parties (such as Independent Thermomix Consultants). Not providing information may mean The Mix Australia cannot provide its products and/or services. By providing information, you agree that The Mix Australia may use the information to directly market to you (unless you opt out). Information may be disclosed to recipients in New Zealand, Switzerland, other European countries and the USA.
Becoming a Thermomix Consultant
We know that the best customers often make the best Consultants! As a Thermomix Consultant, you will receive generous commission on the sale of each machine, ongoing training support, the opportunity to meet new people and the chance to expand your culinary skills!
If you would like to share your enjoyment of cooking with the Thermomix with others, ask your Consultant about starting your own Thermomix business.
Competition and Consumer Act 2010 (Cth) (CCA)
(a) Where the provisions of the CCA apply, the provisions of these terms will be read subject to the application of the CCA and in the case of any conflict, the provisions of the CCA will apply.
(b) Nothing in these terms is intended to limit or replace any rights of “consumers” as that term is defined under the CCA.
(c) The Client agrees that if the Client buys any Product for the purposes of re-supply, manufacture or repair of other goods, the CCA will not apply to such supplies.
(d) If the Client on sells any Products the Client agrees that it will not make any representations in relation to the Products which are not:
(i) contained on the packaging of the Products;
(ii) contained in any materials supplied by The Mix Australia;
(iii) set out in any applicable manufacturer’s warranty; or
(iv) approved in writing by The Mix Australia.
(e) If the Client on sells the Products to consumers who purchase them for the purposes of resupply, manufacture or repair of other goods, the Client agrees to contract out of the CCA in writing with those consumers.
(f) The Client agrees that the Client will indemnify The Mix Australia against any claim, liability or cost incurred by The Mix Australia as a result of any breach by the Client of its obligations in sub-clause (d) above.
Thermomix Warranty
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.
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).
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.
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 on Free Call 1800 004 838 or via emailing service@thermomix.com.au. 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.
Transfer of Warranty
This Warranty is transferable by you to any subsequent owner. To transfer the Warranty, you must email ‘proof of purchase’ information (see below) and your details to customerservice@thermomix.com.au. ‘Proof of purchase’ information is your order number and the serial number of the 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.
Limitation of Liability
The Mix Australia’s goods 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 for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
The benefits conferred by the Warranty are in addition to other rights and remedies available to you under the Australian Consumer Law. The Warranty in no way limits or restricts your rights or remedies under the Australian Consumer Law. Payment under the Warranty is only for rights that are additional to the rights available to you under the Australian Consumer Law.
To the maximum extent permitted by law:
(a) despite the above Warranty, The Mix Australia shall have no liability for, and will not accept any claims for Products which, after delivery:
(i) are not intact and in original condition;
(ii) have been used with parts and/or accessories not approved by The Mix Australia or the manufacturer;
(iii) have been altered, improperly stored or handled or suffered damage or deterioration; or
(iv) have been affixed, used or applied in any way.
(b) The Mix Australia shall not be liable for any losses or damages incurred by the Client or any third party in relation to the Products or these terms including any damage to property.
(c) except as set out in these terms, no other term, condition, warranty, representation and/or understanding whether express or implied, in any way extending to, or otherwise relating to or binding upon The Mix Australia, is made or given by or on behalf of The Mix Australia in respect of the Products.
(d) The Mix Australia’s liability to the Client (and any party claiming through the Client against The Mix Australia) for any claim for loss or damage (including legal expenses) made in connection with these terms for breach of contract, tort (including negligence), under statute, in equity, at common law or otherwise shall be limited at The Mix Australia’s discretion, to the replacement of the Products or supply of equivalent Products, or repairing the Products, or crediting you for the price of the Products as at the date of delivery, or paying the Client the cost of repairing of the Products (with such cost having prior approval by The Mix Australia).
(e) The Mix Australia will not be liable for any loss or damage caused by the Client’s negligence or the negligence of any third party acting on behalf of the Client. This includes any loss or damage caused by the supply by the Client or third party acting on behalf of you, of incorrect manufacturing instructions, drawings or material specifications, and faulty installation or misuse of the Product by the Client or a third party.
(f) The Mix Australia will not be liable for any contingent, consequential, direct, indirect, special or punitive damages whether due to negligence or otherwise, and the Client acknowledges this limit of liability and agrees to limit any claim accordingly.
(g) without limiting or affecting sub-clause (c), no dealing between The Mix Australia and you shall be or deemed to be a sale by sample.
(h) you shall rely on your own knowledge and expertise in selecting Products for any purpose and any advice or assistance given by or on behalf of The Mix Australia shall be accepted at your own risk and shall not be deemed to have been given as expert or adviser nor to have been relied upon.
(i) The Mix Australia shall not be liable under these terms in respect of any Products to the extent that any third party manufacturer is liable under a manufacturer’s warranty for such Products (the benefit of which The Mix Australia will, to the extent possible, extend to you).
(j) The Mix Australia shall not be liable nor responsible for any failure to comply with any of your requirements or any other person which are not precisely and accurately communicated in writing directly to the appropriate personnel at The Mix Australia and accepted in writing by The Mix Australia prior to delivery of the Products under these Terms.
Thermomix® and Varoma® are international trade marks of Vorwerk International AG.
* The Mix Australia Pty Ltd reserves the right to change the price of the Thermomix and its components and accessories without notice.
These Terms and Conditions comply with the Direct Selling Australia Code of Practice. Refer to the DSA website at www.directselling.org.au for more information.

The Mix Australia Pty Ltd Purchase Terms and Conditions

These are the terms and conditions that apply when you purchase products from The Mix Australia Pty Ltd ACN 069 944 930 of 30 Ledgar Road, Balcatta, Western Australia, trading under the name “Thermomix ® Australia” (“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 AUSTRALIAN SALES ONLY
We only sell and ship products within Australia. If you wish to purchase products in New Zealand please click here NZ Site
 
2 PRICING
2.1 Our displayed product prices are in Australian 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 11 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, Mastercard, PayPal, AliPay, WeChat and Zip.
 
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 Australia.
 
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 Australia.
 
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. There may be a delay dispatching your order during our sale periods or times of high demand. December delivery times may vary due to high order volumes.
 
6.4 Orders will be shipped to you by Australia 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.
 
7 CONSUMER GUARANTEES
Our products come with consumer 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.
 
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.
 
10 GENERAL
10.1 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.
 
10.2 These terms will be governed by and interpreted in accordance with the laws of Western Australia.
 
10.3 You agree to the jurisdiction of the courts of the Western Australia to determine any dispute arising out of these terms.
 
11 REGISTRATION FOR SHOPPING REQUIRED
11.1 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.
 
11.2 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.
 
11.3 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.
 
11.4 Registered Users may not use membership for business or commercial purposes.
 
11.5 We reserve the right to refuse suggested usernames at our sole discretion and do not have to provide any reasons for such refusal.
 
11.6 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).
 
11.7 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.
 
11.8 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.com.au]).

Cooking Class Terms and Conditions

By booking a Cooking Class or Event via The Mix Australia Pty Ltd ACN 069 944 930 (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. DEFINITIONS
1.1 ‘Cooking Class’ means cooking classes held by us including:
1.1.1 Virtual/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 The Mix 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. PRICES
4.1 Unless otherwise expressly stated, all amounts payable through our online store are in Australian 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 Australian Consumer Law.
 
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 Australia in some cases. We do not charge additional transaction fees for paying by credit card.
6.4 Security
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 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 Cancellations
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 the Event Organiser whose details are listed on the event.
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 such as low attendance or sickness, 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 Australian 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. STUDIO/HANDS ON COOKING CLASSES ONLY – BRING YOUR OWN ALCOHOL
10.1 In accepting these Terms and Conditions, you acknowledge that:
10.1.1 you may consume an alcoholic beverage (the equivalent of a standard drink) with your fellow class participants;
10.1.2 you will consume alcohol responsibly in class;
10.1.3 you will follow the directions of The Mix Australia employees and consultants in relation to the serving and consumption of alcohol at all times.
10.1.4 For further information, please see our Responsible Service of Alcohol Policy at thermomix.com.au/pages/rsa.
11. VIOLATIONS OF THESE TERMS AND CONDITIONS
11.1 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:
11.1.1 you breach any provision of these Terms and Conditions;
11.1.2 we are unable to verify or authenticate any information that you provide to us; or
11.1.3 we believe that your actions may cause damage and/or legal liability, to us, any of our customers or suppliers or any other person.
 
12. DISCLAIMER
12.1 General
12.1.1 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.
12.2 Variations to these Terms and Conditions
12.2.1 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.
12.2.2 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.
12.2.3 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 1800 004 838.

TheMix Shop Gift Cards Terms of Use

1. Any promotional gift cards or discount codes that are issued by The Mix will have their own terms and conditions which will be specific to the promotion in which they’re offered.
2. 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).
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.
4. You can use more than one Gift Card to make a purchase.
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. 
6. Any unused value will remain in the Gift Card until expiry and can be used towards future purchases.
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.
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.
9. 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).
    TMA reserves the right, without notice to you, to change these terms and conditions at any time and for any reason at TMA’s absolute discretion. TMA will provide notice of any changes to these terms and conditions by posting the proposed revised terms and conditions on the Thermomix Australia website https://thermomix.com.au/pages/website-terms-of-use/#gift