Thank you for ordering products from Vorwerk UK Limited. This document sets out the terms and conditions that apply to your purchase. Please ensure that you read these terms carefully and check that the details on the Order Form and/or Order Confirmation (as applicable) are complete and accurate. ln these terms and conditions, "We", "Us" and "Our" refer to Vorwerk UK Limited, a company registered in England and Wales, whose company registration number is 05228875 and whose registered office is at Ashurst Manor, Church Lane, Ascot, Berkshire, SL5 7DD, UK. Our registered VAT number is GB868919257. "You" and "Your" refer to the customer whose details are set out on the corresponding Order Form or Order Confirmation.
"Consumer" means that You are an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession.
"Commercial Purposes" means that You will use the Product(s) for purposes relating to your trade, business, craft or profession.
"Domestic Purposes" means that You will use the Product(s) for purposes that are wholly outside your trade, business, craft or profession.
"Order'' means Your order for the Products, provided on an Order Form or by other means such as telephone, email, fax or post, accompanied by Your payment of the Price in full.
"Order Form" means the form on the reverse of these terms and conditions.
"Order Confirmation" means the document completed by Us in response to an Order placed by You and which shall restate the name and quantity of Product(s) specified by You, and the Price given by Us, within the Order Form or during the ordering process (as applicable).
"Price" means the price of the Products specified by Us and valid at the time of Your Order.
"Product" means the Product specified on the relevant Order Form or Order Confirmation.
"Specification" means the specification of the Products that is set out on Our website at the time of Your Order and/or provided to You in paper form, as amended from time to time in line with legislative and safety requirements.
"Trader" means that You are acting for purposes relating to your trade, business, craft or profession.
2. SALE OF PRODUCTS
3. DELIVERY OF PRODUCTS
i. We have refused to deliver the Product(s);
ii. You can show that delivery within the delivery deadline was essential (taking into account the relevant circumstances); or
iii. You told Us before We accepted Your Order that delivery within the delivery deadline was essential.
4. YOUR RIGHT TO CHANGE YOUR MIND/CANCELLATION
i. Within fourteen (14) calendar days of placing Your Order, or
ii. Within fourteen (14) calendar days of receiving the Product, or the last Product, where Your Order was for multiple Products.
Any written statement must be communicated to Us by letter to Vorwerk UK Limited, Ashurst Manor, SL5 7DD or via email to info(at)vorwerk.co.uk
Notice of cancellation is deemed received when:
i. by first class post: at 9:00 am on the second Business Day after posting;
ii. by email: 24 hours from delivery if sent to the correct email address and no notice of delivery failure is received.
Upon receipt of Your written statement, we will confirm your cancellation in writing.
i. fourteen (14) calendar days after the day We receive back from You the Product(s) supplied; or
ii. if there were no Product(s) ever dispatched, fourteen (14) calendar days after the day on which we are informed about Your decision to cancel this contract.
5. RISK AND PROPERTY
You are responsible for the care of the Products from the point at which they are delivered to You. However, property in the Products will not pass to You until We receive cleared funds in payment of the Price. Until this occurs, You are required to maintain the Products and all packaging in their original condition. ln the unlikely event that You become insolvent or file for bankruptcy or some similar act or event prior to Our receiving payment in full for the Products, You agree that We may enter upon Your premises to retrieve Our Products at any reasonable time after We become aware of such event.
i. the defect is not caused by any use of the Products other than in accordance with the documentation supplied with the Products; and
ii. the Products have not been altered or repaired by anyone other than Us; and
iii. the defect is not the result of normal wear and tear, and does not arise in consumables which are expected to be replaced in the normal use of the Product.
Thermomix consumables include spatula, whisk, blade seal, mixing bowl lid, mixing knife (blade unit), measuring cup and Varoma parts. Kobold consumables include cloths, brushes, nozzles and hoses etc.
Except where You are buying the Products as a consumer, in which case nothing in these terms and conditions shall reduce Your statutory rights, We hereby exclude all other warranties including those of satisfactory quality and fitness for any particular purpose that may otherwise be implied by law.
Where You have been referred to a third party maintenance provider and you wish to submit a claim for a potential defect in a Product, the third party maintenance provider will advise as to whether the Product remains under warranty and will then either:
i. Effect the necessary repairs under the terms of the warranty; or
ii. Where the Product is out of warranty, will provide you with the terms and costs of repairing the Product.
7. LIMITED LIABILITY
Where You are buying the Products as a consumer, nothing in these terms and conditions shall reduce Your statutory rights and We shall be responsible to You for any loss or damage You suffer that is a foreseeable result of Our breach of these terms or Our negligence (but We are not responsible for any loss or damage that is not foreseeable).
ln all other cases, Our total liability in respect of the supply of any Products shall be for direct costs and damages only and shall not exceed 125% of the Price. Under no circumstances shall We be liable for any loss of profits, loss of revenue, loss of reputation, loss of use, losses caused by any misrepresentation or any indirect or consequential losses arising from the purchase of the Products for commercial purposes, whether reasonably foreseeable or actually foreseen. Nothing in this agreement shall be taken to exclude liability for death or personal injury caused by Our negligence.
For the purpose of this clause, loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time we entered into this contract.
These terms and conditions, together with the Order Form or Order Confirmation and the Specification, constitute the entire agreement between You and Us with regard to the supply and purchase of the Products ("the Agreement"). No other person shall have any rights to enforce any of its terms.
Any terms and conditions on any purchase order or other document supplied by You in addition to or at variance with those set out in the Agreement shall be void and of no effect. Any notice due to be given under these terms and conditions shall be sent to Us at Our address as given above and to You at Your address as set out on the Order Form or Order Confirmation. No waiver by Us of any term or condition herein shall constitute a waiver of that term or condition in any other case. ln case any term or condition herein is deemed by a competent court to be unenforceable in whole or in part, the remainder of the Agreement shall continue in force.
9. JURISDICTION AND DISPUTE RESOLUTION
This Agreement is subject to English law and the exclusive jurisdiction of the English courts. Notwithstanding the foregoing, if any dispute arises in connection with this Agreement, You and We will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEOR) Model Mediation Procedure. Unless otherwise agreed, the mediator will be nominated by CEOR.
10. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will use the personal information you provide to Us to:
i. provide the Product(s);
ii. process Your payment for such Product(s).
If You have any questions or complaints, please contact Us. You can contact Us by telephoning Our customer service team at +44 (0) 330 660 0834 (UK) or +353 (0) 1447 5157 (Ireland) or by emailing us at info(at)vorwerk.co.uk.
11. TOTAL SATISFACTION
We are sure that You will have total satisfaction from Your purchase and experience with Vorwerk UK Ltd. If You are not totally satisfied please contact our Customer Care Team at Vorwerk UK Ltd, Ashurst Manor, Church Lane, Sunninghill, SL5 7DD in writing, by email info(at)vorwerk.co.uk or call us on 0330 660 0834.
By law Your Product(s) must correspond with their description and any sample by reference to which they were ordered. They must also be of satisfactory quality and be reasonably fit for the purposes for which such goods are normally used or for which You informed the seller that you wanted them.
ln addition to these legal rights and to your legal right of cancellation set out at paragraph 4, in accordance with Our aim of total customer satisfaction, We will acknowledge any complaint within 48 working hours and will seek to resolve it as soon as possible thereafter.
These are the terms and conditions on which we supply our three-year extended warranty service to you (the “Extended Warranty”).
This is a manufacturer’s warranty. By purchasing it you do not give up any legal rights you may have (for example, under consumer protection legislation that applies to you). You will therefore always have the right to choose whether to engage services under the Extended Warranty, or under any legal rights you may have. For more information on your legal rights please visit the Citizens Advice website www.adviceguide.org.uk, or call 03454 04 05 06 if you are in the UK or the Citizens Advice website www.citizensinformation.ie if you are in Ireland.
Please note that purchase of the Extended Warranty is entirely optional. If you do decide to purchase the Extended Warranty, you are also not required to purchase it at the same time as the product to which it relates. The Extended Warranty can be purchased at any time within 30 days of your purchase of the relevant product.
We will provide services under the Extended Warranty for your product subject to the terms set out below. Please ensure you read these terms carefully. We also suggest that you print and keep a copy of these terms for your reference.
INFORMATION ABOUT US AND HOW TO CONTACT US
1. The Extended Warranty is provided to you by Vorwerk UK Limited, a company registered in England and Wales. Our company registration number is 0528875 and our registered office is at Ashurst Manor, Church Lane, Ascot, SL5 7DD. Our VAT number is GB868919257.
2. You can contact our Customer Care team:
(a) by telephoning 0330 660 0834;
(b) by writing to us either:
(i) at the postal address set out above;
or(ii) by email to email@example.com
OUR CONTRACT WITH YOU
3. You may order the Extended Warranty from us by phone, through a sales representative or online.
4. Once we have received your order for the Extended Warranty, we will confirm our acceptance of it to you. The contract for the Extended Warranty between you and us (the “contract”) will only be formed when we send you this confirmation.
5. If we are unable however to accept your order for whatever reason (including for example, your failure to meet our eligibility criteria as set out in clause 7), we will inform you of this, will not charge you for the Extended Warranty, and will promptly (and in any event, within 14 days) refund any amounts that you have already paid to us.
6. If we accept your order our confirmation email or letter to you will contain your Extended Warranty order number. It will help us if you can tell us this number whenever you contact us about your Extended Warranty
7. To be eligible to enter into this contract, (unless we agree otherwise):
(a) you must be at least 18 years old;
(b) you must have purchased the applicable product no more than 30 days before your order
(c) the product must be owned by you and kept only for domestic use;
(d) the product must be used in a private home; and
(e) the product must be purchased and operated in the UK or Ireland
DURATION OF THE EXTENDED WARRANTY
8. We also provide as standard a two-year warranty in relation to the applicable product, but that is separate to this Extended Warranty. That standard warranty is not governed by this contract with us for an Extended Warranty, and it is in place from the date on which your applicable product is delivered (the “Delivery Date”) until 23:59 on the second anniversary of the Delivery Date. For more information on this standard warranty, please visit www.vorwerk.co.uk
9. The period during which we will provide services to you under this Extended Warranty is for the three-year period following the end of the standard warranty period. The Extended Warranty will therefore begin at 00:00 on the day after the second anniversary of the Delivery Date, run for three years, and will then end at 23:59 on the fifth anniversary of the Delivery Date (the “Extended Warranty Period”).
SCOPE OF THE EXTENDED WARRANTY
REPORTING A DEFECT
10. If your product has a mechanical or electrical defect which is clearly attributable to material and/or manufacturing faults (a “Defect”), you should report this Defect to us as soon as you are able after you identify it. In order for us to process any such report, you must give us all information that we reasonably require to verify your report and to determine, to the extent possible, the Defect that has occurred. We will then advise you of next steps.
11. Subject to the terms of this Extended Warranty, if you report a Defect to us in accordance with clause 10 within the Extended Warranty Period, we will (at our option) either repair or replace the product.
12. If you believe your product has a Defect, you must take reasonable steps to limit damage to it (such as, stopping using it if it is likely to cause damage)
13. Products will be repaired at our third-party repair centre and, unless agreed otherwise, we will carry out any repairs within normal working hours (9am to 5pm, Monday to Friday and excluding public holidays). Your Extended Warranty order number must be provided in each case. Any replaced parts will pass into our ownership. We will bear the costs of collection and re-delivery.
14. If we elect to supply a replacement product, we will bear the costs of delivery of the replacement product and the return of the defective product. Unless agreed otherwise, the defective product will become our property and we will dispose of it.
15. If (for whatever reason) we cannot replace the defective product with a new version of the same product, we reserve the right to provide a replacement product of the same or similar technical specification.
16. Please note, if we replace your product during your Extended Warranty Period, the replacement product will carry the standard manufacturer's two-year warranty, and then if applicable, benefit from any period of this Extended Warranty that may remain after that two-year period ends. The product replacement does not affect the timing of the end of the Extended Warranty Period, but if your replacement is made during the last two years of the Extended Warranty Period, the standard manufacturer’s two-year warranty will cover a period after the Extended Warranty period expires.
17. The Extended Warranty does not extend to:(a) product accessories or cosmetic parts or appearance;(b) minor variances from nominal features of no significance to the product’s value or fitness for purpose;
18. This Extended Warranty does not apply where the product has been damaged, except where damage to the product has been caused by a Defect. For example, the Extended Warranty does not apply where the product has been damaged by: (i) accidental damage, wear and tear, transport damage for which we are not responsible, recklessness or intentional damage; (ii) exceptional environmental conditions (including any problem with the supply of electricity, gas and/or water), inappropriate operating conditions or the appliance having come into contact with unsuitable materials; (iii) installation and assembly not in accordance with our instructions, improper use, poor maintenance or failure to observe operating or assembly instructions; or (iv) by the chemical or electrochemical effects of water.
19. This Extended Warranty does not apply to any loss or damage you may suffer which is not foreseeable, whether caused by a Defect or not, including, but not limited to, damage to property other than the product, spoilage of goods, the cost of purchasing a replacement product or removing and re-installing an integrated or bespoke-fitted product or loss or damage caused by installation and assembly not in accordance with our instructions, improper use, poor maintenance or failure to observe operating or assembly instructions. Loss and damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process
20. This Extended Warranty does not apply to products when used in a non-domestic environment.
21. We will have no obligation to carry out any repair or replacement under the Extended Warranty:(a) if repairs or other interventions are performed by persons not authorised by us to take such action, or if the products are fitted with non-original spare parts, extras or accessories;(b) if you knowingly submit or report a false or fraudulent warranty claim; or(c) in the event of physical or verbal abuse towards any member of our staff.
22. Any repairs or replacement provided under the Extended Warranty neither extend the Extended Warranty Period nor commence a new warranty period. The warranty period for any spare parts fitted for a product ends with the expiry of the Extended Warranty Period of the product.
23. We reserve the right to charge for the reasonable costs of a repair or replacement where either no Defect is found or where any of the exclusions set out in clauses 17 to 22 apply. We will contact you prior to arranging repair or replacement to discuss and agree these costs.
PRICE AND PAYMENT
24. The price of the Extended Warranty (which includes VAT) will be the price indicated to you on the online order pages, or advised to you on the telephone, when you place your order through our Customer Care Team or Salesforce. This may be paid either by a one-off payment or by instalments.
25. If you choose to make a one-off payment, this must be paid in full before we will confirm our acceptance of your order.
26. If you choose to make payments by instalments, you must do so in accordance with the timings we set out in our order confirmation. If you do not make any payment in accordance with those timings, we reserve the right to suspend the services that we provide to you under the Extended Warranty until payment is received but such suspension shall not affect the end of the Extended Warranty Period. Instalment payments will commence when the Extended Warranty is taken out, and as such payments could be made prior to the commencement of the Extended Warranty Period.
YOUR CANCELLATION RIGHTS
FULL REFUND – CANCELLATION WITHIN 45 DAYS OF PURCHASE OF THE EXTENDED WARRANTY
27. You may cancel the Extended Warranty by providing notice to us within 45 days of the date on which the Extended Warranty is purchased. Upon receipt of valid notice, we will provide a full refund of the price paid for the Extended Warranty, as long as we have not already provided any service to you under the Extended Warranty. If we have already provided services to you under the Extended Warranty, we will give you a pro-rated refund, which takes into account deductions for the value of the services you have already received, and for any repair or replacement costs we have incurred.
28. You can provide notice under this contract by contacting us using the contact details set out in clause 2. If you cancel the contract under clause 27, your communication must be sent to us before the end of the 45 day period referred to above.
OUR TERMINATION RIGHTS
29. We may terminate this contract if you are in breach of any of the eligibility criteria set out in clause 7. In this case, we will refund all payments you have already made under the contract, except that you will pay us for any repair or replacement costs we have incurred in consideration for the services that you have received.
30. In each case, we will confirm any such cancellation or termination in writing to the last address you gave us.
LIMITATION OF LIABILITY – PLEASE READ THIS SECTION CAREFULLY
31. Subject to clause 32, if we fail to comply with these terms and conditions, we will be liable to you for any losses that you suffer as a result of our failure to comply and which are a foreseeable consequence of such failure up to an amount equal to the cost of replacing the applicable product with a product of the same or similar technical specification. Loss is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
32. Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) defective products under the Consumer Protection Act 1987; or
(d) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
YOUR PERSONAL INFORMATION
33. We will use the personal information you provide to us:(a) to supply the services under the Extended Warranty to you;(b) to process your payment for the Extended Warranty; and(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
EXCLUSION OF THIRD-PARTY RIGHTS
35. The contract is only for your benefit. It is between you and us, is binding on you and us and on our respective successors. No rights or benefits will be given to any other third party under the contract.
TRANSFER OF RIGHTS
36. If you sell your product, you may transfer this Extended Warranty to the new owner of the product. . You can also transfer this Extended Warranty to a replacement product that you have purchased and own if the Extended Warranty period has not yet begun in respect of the previous product.
EVENTS OUTSIDE OUR CONTROL
37. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract that is caused by events outside our reasonable control (a “Force Majeure Event”).
38. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
39. Our performance under this contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under this contract may be performed despite the Force Majeure Event.
40. If we do not insist immediately that you do anything you are required to do under this contract, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the Extended Warranty, we can still require you to make the payment at a later date.
41. If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms and conditions and those remaining provisions will continue to be valid to the fullest extent permitted by law.
CHANGES TO THESE TERMS AND CONDITIONS
42. We may vary these terms and conditions from time to time provided that such changes do not materially affect the nature and quality of the Extended Warranty provided. We will notify any such changes to you as soon as is reasonably practicable. The new terms and conditions will take effect from the date specified in the notice. If you do not agree with the changes, you may cancel the plan by notifying us within 30 days of the date on the notice and you will receive a pro rata refund of any payments that you have made for the unexpired months of the Extended Warranty Period.
43. In the unfortunate event that you are unhappy with the service that we have provided to you, please get in touch with our customer care team using the contact details provided at clause 2.
GOVERNING LAW AND JURISDICTION
44. This contract its subject matter and its formation, are governed by English law. However, if you are a resident of Ireland you will benefit from any mandatory provisions of the law of Ireland. Nothing in this contract affects your rights as a consumer to rely on such mandatory provisions of local law.
45. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, if you are resident of Scotland, you may also bring proceedings in Scotland, and if you are resident in Ireland, you may also bring proceedings in Ireland.