Rewards with Thermomix® Double Points Offer (9-10 December 2023) Terms and Conditions
This offer is available exclusively to Rewards with Thermomix® members that make an eligible purchase on TheMix Shop at www.thermomix.co.nz/pages/themix-shop between 2:00am NZDT Saturday 9 December and 11:59pm NZDT Sunday 10 December 2023. Double points not eligible on Thermomix® TM6 Machines (including special edition machines), Kobold VK7 Complete Cleaning System, Kobold VK7 Vacuum, Kobold VK7 2 in 1 Vacuum and Mop Set, Limited Time Offer (LTO) Products, Complimentary items, Express shipping, TheMix Shop Gift Cards and Items from the Host Rewards Collection Members that purchase an eligible product during the offer period will earn double points on the item, which will be reflected on your Rewards with Thermomix account within 24 hours of the purchase. The offer is multi-use. The Rewards with Thermomix® promotion terms and conditions also apply and can be viewed at www.thermomix.co.nz/terms-of-use
Terms & Conditions In these terms and conditions (‘Terms’), a reference to ‘we’, ‘us’ or ‘our’ is a reference to The Mix Association New Zealand Company Number 9429048677417 and our officers, employees, agents, consultants, licensors, partners, affiliates and related bodies corporate.
Rewards with Thermomix® Promotion New Zealand
Terms & Conditions
The Mix Australia Pty Ltd (TMA) - TMA is the sole Australian distributor of Thermomix®, which are made by Vorwerk International. We are proud that TMA has become the world’s leading independent Thermomix® distributor. TMA is also the owner of The Mix Association New Zealand and TheMix Shop, our ecommerce store for genuine Thermomix® parts and accessories, as well as a whole range of premium kitchen and home products.
Vorwerk International – Manufacturer of the Thermomix® and Kobold.
TheMix Shop (TMS) - Our ecommerce store for genuine Thermomix® parts and accessories, as well as a whole range of premium kitchen and home products.
TheMix Shop Account – All customers can create an account on TheMixShop which allows you to track and manage your purchases.
Rewards with Thermomix® promotion – Our exclusive promotion running from 2pm (NZDT) Tuesday 3rd October 2023 to 11:59PM (NZDT) Tuesday 9th January 2024, open to all our customers in New Zealand. You must have an existing TheMixShop account or create a new account to join the promotion.
Promotion – the Rewards with Thermomix®® promotion.
Member – A member of the Promotion.
Eligible purchase – Purchase that is eligible to earn points as part of the Promotion.
Rewards – Includes vouchers and other rewards that are available through the Promotion e.g. free standard shipping on TheMix Shop.
LTO Products – Limited time only products that are available on TheMix Shop, which are excluded from earning points.
Consultant – An expert Thermomix® Consultant that supports customers throughout their journey with Thermomix®.
Cooking Experience – A way to see the Thermomix® live in action with a dedicated Thermomix® consultant, who will demonstrate the functionality of the machine and answer all your questions. Any customer can host a Cooking Experience.
Cooking Experience Check In Form – A check-in form for attendees at a Cooking Experience
Host Rewards Collection – A collection of exclusive products and offers, available to customers that host a qualifying Thermomix® Cooking Experience
First Cook Experience Survey – A survey sent via SMS to customers that have a delivery briefing with a Consultant, after they purchase their TM6
Joining the Promotion
- The Rewards with Thermomix® promotion is operated by The Mix Australia Pty Ltd ACN 069944930 of 30, Ledgar Road, Balcatta WA 6021.
- You agree to these Terms by:
- Creating an online account on TheMix Shop and providing your personal details, including your name, mobile phone number and email address on our website, and opting into the Rewards with Thermomix® promotion; or
- Logging in to your existing TheMix Shop account and opting in to the Rewards with Thermomix® promotion
- You can become a member of the Rewards with Thermomix® promotion by:
- Visiting our website www.thermomix.co.nz/rewards, and signing up to the Promotion, or logging into your existing TheMix Shop account, and opting in to the Promotion; or
- Opting in the Promotion when you complete the Cooking Experience Check In Form at a Cooking Experience; or
- Opting into the promotion when you complete the First Cook Experience Survey, which you will receive via SMS when you complete your First Cook Experience with a Consultant
- You can only participate in the promotion, including receiving Rewards under the Promotion if you are a customer. Consultants are not able to join the Promotion.
- If you are under 18 years old you must have parental/guardian consent to register for the Promotion and further your parent/guardian must read and consent to these Terms. Your parent/guardian may be required by us to enter into a further agreement as evidence of consent to you registering for the Promotion.
- Opting into the Rewards with Thermomix® promotion will also opt you in to receive news, offers and product information from TheMix. You will be able to opt out of this at any time via your online account.
- There is a strict limit of one (1) registered Account per person. Each Account requires an independent email address.
- Once you are opted into the Promotion, you will be eligible to earn Points and Rewards as per the Promotion terms laid out in this document
Participation in the Promotion
- The “Rewards with Thermomix®” promotion is only open to customers, not Consultants.
- Should a customer that is opted in to the “Rewards with Thermomix®” promotion transition into a Consultant, the promotional account will be paused and no longer active, whilst they are a Consultant. They will not be able to earn points or rewards, however if they have any active vouchers, they will be able redeem these.
- Whilst an account is paused, points will remain on the account and expire at the end of the promotion period (09/01/2024). Refer to section 4 for more details on points.
- If a Consultant reverts back to a customer, and if they were opted into the Promotion prior to becoming a Consultant, their Rewards with Thermomix®® account will be un-paused and they will be able to participate in the Promotion again.
- Upon joining the Promotion, you will receive a $15 voucher to use on TheMix Shop as a welcome gift.
- You $15 welcome gift voucher will be issued to your account, and you will also be notified via email.
- Each voucher is valid for 90 days from the date of issue and can be redeemed online at www.thermomix.co.nz/pages/themix-shop. If the voucher is not redeemed within 90 days of issuance, it will expire at 11:59pm on day 90.
- Vouchers can be redeemed to pay for the whole, or part of any purchase online at www.thermomix.co.nz/pages/themix-shop. The whole $15 voucher must be used in one transaction and cannot be used across multiple transactions. Any unused amount remaining on the $15 voucher will be forfeited, if not redeemed in full.
- Vouchers cannot be redeemed on Thermomix® TM6, Host Rewards, Gift Cards, Cooking Classes, Limited Time Offer (LTO) products, Kobold VK7 Vacuum and Mop Set, Kobold VK7 Complete Cleaning System and Consultant items
The Promotion and Earning Points
- The Promotion is only available at TheMix Shop New Zealand from 2pm (NZDT) Tuesday 3rd October 2023 to 11:59PM (NZDT) Tuesday 9th January 2024. You will be notified via email when this Promotion is ending
- Until otherwise advised, one (1) point will be accrued for each one ($1) dollar spent online at TheMix Shop New Zealand on Eligible Purchases. Points will not accrue on purchases of:
- Thermomix® TM6 Machines (including special edition machines)
- Kobold VK7 Complete Cleaning System
- Kobold VK7 Vacuum
- Kobold VK7 2 in 1 Vacuum and Mop Set
- Limited Time Offer (LTO) Products
- Complimentary items
- Products to be used or sold by wholesale customers
- Express shipping
- TheMix Shop Gift Cards
- Items from the Host Rewards Collection
- To accrue points, you must ensure you are logged in to your TheMix Shop account and opted in to the “Rewards with Thermomix®” promotion when making a purchase online at www.thermomix.co.nz/pages/themix-shop
- Points will only be accrued on items that are deemed as ‘Eligible Purchases’. Points will be recorded and stored on your account.
- Points will be allocated for eligible products once the transaction has been completed. Note points will usually be reflected in accounts within 15 minutes of the transaction being completed, however from time to time there maybe delays of up to 24hrs in allocating points for certain transactions.
- Your points balance and history can be viewed online via your TheMix Shop account.
- All points earned during the promotion will be valid until the end of the promotion (11:59PM NZDT on 01/01/2024). If any points remain on your account after the end of the promotion, they will be automatically expired.
$15 Voucher Issuance & Redemption
- When you have accrued 130 points, you will automatically be issued a $15 voucher.
- Vouchers are issued to your account, and you will be notified via email.
- Each voucher is valid for 90 days from the date of issue and will expire at 11:59 PM on day 90. Vouchers can only be redeemed online at www.thermomix.co.nz/pages/themix-shop by entering the voucher code into the “Gift card or discount code” field when you checkout at TheMix Shop. If the voucher is not redeemed within 90 days of issuance, it will expire.
- $15 vouchers can be redeemed to pay for the whole, or part of any purchase online at www.thermomix.co.nz/pages/themix-shop. The whole $15 voucher must be used in one transaction and cannot be used across multiple transactions. Any unused amount remaining on the $15 voucher will be forfeited, if not redeemed in full.
- Vouchers cannot be redeemed on Thermomix® TM6, Host Rewards, Gift Cards, Cooking Classes, Limited Time Offer (LTO) products, Kobold VK7 Vacuum and Mop Set, Kobold VK7 Complete Cleaning System and Consultant items
- Only one (1) $15 voucher will be issued at a time. Should you accrue enough points for multiple $15 vouchers (e.g., 230+ points), any subsequent voucher/s will be held until the active voucher has been redeemed or expired.
- Any unused points at the end of the promotional period (meaning points not converted to a $15 voucher) will be forfeited.
- If you are a member of the “Rewards with Thermomix®” promotion, you can check your points balance and available Rewards anytime by logging into your TheMix Shop account at www.thermomix.co.nz/account/login
- You may, from time to time, receive statements from us, via email, displaying your points balance and information of other Rewards. There will be an option in each email to opt out of receiving communications from us.
- Vouchers can only be redeemed by the Member and points balances and Rewards offered under the Promotion are not transferable, exchangeable or redeemable for cash. Points accrued in multiple Accounts cannot be combined.
- It is your responsibility to ensure that the correct number of points has been added for each Eligible Purchase. You must notify us of any apparent discrepancy by contacting us on 0800 766 966 or via our online form at www.thermomix.co.nz/pages/contact-landing. We will not be able to add points related to transactions where you were not opted in to the “Rewards with Thermomix®” promotion
- Free Standard Shipping reward
- Members of the “Rewards with Thermomix®” promotion will receive free standard shipping on all orders placed through TheMix Shop (www.thermomix.co.nz/pages/themix-shop)
- Bonus rewards
- From time to time, you may receive bonus rewards and offers which will be communicated to you via email. The terms of any bonus rewards will be listed in the email you receive.
Leaving the Promotion
- You will be able to opt out of the ‘Rewards with Thermomix®” promotion at any time between the 03/10/2023 – 09/01/2024, by visiting our website www.thermomix.co.nz/pages/themix-shop, logging into your TheMix Shop account, and opting out of the Rewards with Thermomix®® promotion
- By doing so, the status of your Rewards with Thermomix®® account will be changed to ‘inactive’ and you agree to forfeit any remaining points balance on your account. This action is irreversible.
- Any active vouchers will remain valid until the expiry date listed on the voucher
- Opting out of the ‘Rewards with Thermomix®” promotion will not close your TheMix Shop account. If you wish to close your TheMix Shop account, please contact us on 0800 766 966 or via our online contact form on https://thermomix.co.nz/pages/contact-landing
- If you wish to re-activate your “Rewards with Thermomix®” membership during the promotion period (03/10/2023 – 09/01/2024), simply log back in to your TheMix Shop account and opt back into the promotion as per details listed out in section ‘2. Joining the promotion’. Note this will not re-instate your previous points balance.
- The “Rewards with Thermomix®” promotion will automatically end at 11:59pm NZDT on Tuesday 9th January 2024.
- Any points remaining on your account will be automatically expired, however any active rewards (including vouchers) will remain active until the expiry date listed on the individual voucher
- We may suspend, cancel or terminate the Promotion, including any offer or promotion conducted under it (e.g. Reward redemption), at any time and for whatever reason, including:
- if the Promotion is inoperable due to computer virus, bugs, tampering, unauthorised intervention, fraud and other technical failures;
- causes beyond our control which corrupt or affect the administration security, fairness, integrity or proper conduct of the Promotion.
- Should the Promotion be suspended, cancelled or terminated at any time we will notify Members via email or on the relevant section of our website.
- Without limiting the previous clause we reserve the right to terminate your membership, without notice, if:
- we believe you have supplied false or misleading information; or
- we believe that you have tampered with the registration process, the Account verification process and/or the points accrual/redemption process and/or engaged in fraudulent or unlawful or improper conduct calculated to jeopardise the fair and proper conduct of the Promotion; or
- we believe you have failed to comply with these Terms or the terms and conditions of any Reward; or
- If we terminate your membership under the previous clause we reserve our legal rights to recover from you any losses or damages that we have incurred as a result of your conduct.
- Errors and omissions may be accepted at our discretion.
- Failure by us to enforce any of our rights at any stage does not constitute a waiver of those rights.
- Should you forget the password to your Account, you can go to https://thermomix.co.nz/account/login , where you can request to re-set your password. A link to re-set your password will be sent to your nominated email address.
- We reserve the right, at any time, to verify the validity of Members, Accounts, and points accrual and redemption (including a Member’s identity, age and place of residence).
- If there is a dispute as to the identity of a Member, we reserve the right, in our sole discretion, to verify the identity of the Member.
- Incomplete or indecipherable registrations may, in our discretion, be deemed ineligible to participate in the Promotion or be deemed invalid.
- All conditions and warranties, whether express or implied and whether arising under statute or otherwise as to the condition, suitability, quality, fitness or safety of any goods or services supplied under the Promotion are expressly excluded to the full extent permitted by law.
- Except for any liability that cannot, by law, be excluded, we will not be responsible for or liable for personal injury or any loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, related to or arising in any way out of participation in the Promotion, including but not limited to loss or damage related to or arising from:
- your failure to login to your registered account at the time of making an Eligible Purchase;
- any delay, failure or inability to accurately record the details of any Eligible Purchase or points to your Account;
- the supply of a Reward and your acceptance and use of a Reward;
- any Reward not being made available or supplied for any reason;
- the suspension, cancellation or termination of the Promotion;
- any disruption to the Promotion or any delay or inability to provide any Reward caused by circumstances beyond our control;
- any technical malfunction of any telephone network or line, computer system, equipment, server or provider, software, technical problem or traffic congestion on the Internet or on any website, including (but not limited to) any injury or damage to your computer or another person's computer related to or resulting from participation in the Promotion or downloading any materials associated with the Promotion;
- any theft, unauthorised access or third party interference, accrual or redemption of points;
- any registration or Reward claim that is late, lost, altered, damaged or misdirected (whether or not after receipt by us) due to any reason beyond our reasonable control;
- any tax liability incurred by you in connection with the Promotion, including in relation to any Reward offered;
- any communication to you that is late, lost or misdirected for any reason, including but not limited to, spam filters operating on your email account or other system configuration problems.
- These Terms are to be read in conjunction with, and subject to, any additional terms and conditions governing any particular Reward. In the case of any inconsistencies, these Terms will prevail.
Privacy Collection Notice
Change to Terms and Conditions
- All decisions made by us in relation to all matters arising under the Promotion are final and binding, and no correspondence will be entered into.
- We may, at any time without notice, change the Promotion or these Terms, including but not limited to changing the number of points awarded to Eligible Purchases, changing how points are earned or redeemed, introducing an expiry date for use of any points credited to an Account and running additional special promotions at TheMix Shop NZ for selected products and or periods for which additional points will accrue. If we do we will publish the amended Terms on our website. If you continue to participate in the Promotion after the amended Terms are published, you will be deemed to have accepted the amended Terms.
- The laws of New Zealand apply to the Promotion to the exclusion of any other law. You submit to the exclusive jurisdiction of the courts of New Zealand.
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 Consumer Guarantees Act 1993) 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 New Zealand dollars and include Goods and Service Tax within the meaning of New Zealand 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 Valid 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 Valid 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 Valid Payment is received we will contact you by email or telephone.
12. VALID PAYMENT METHODS
12.1. You must pay for Goods or Services by a Valid Payment method acceptable to us in our absolute discretion. Valid Payment requires that The Mix New Zealand receives cleared funds in New Zealand dollars. Currently, we accept the following payment methods:
a. Visa or MasterCard for all orders;
b. Visa, MasterCard, American Express, PayPal, 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 Valid 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 Valid Payment you acknowledge that no transmissions over the internet can be guaranteed as totally secure and therefore you use your credit card to make Valid 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 Valid 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 Valid 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. If you pre-order Goods then the time for delivery will vary depending on when the Goods first become available to us.
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 New Zealand Post 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 Australia, please visit our AU 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 Valid Payment requirements or us not being able to process or accept your Valid 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 Consumer Guarantees Act 1993. 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 Consumer Guarantees Act 1993. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
17.2 In addition to your rights and remedies under the Consumer Guarantees Act 1993, The Mix New Zealand 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 New Zealand. Within this period, The Mix New Zealand 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 New Zealand 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 New Zealand on Free Call 0800 766 966 or by filling out the contact form at our website thermomix.co.nz/pages/service-support
17.5 Your concerns will then be assessed for appropriate action to be decided by The Mix New Zealand. In the event that the Thermomix is to be repaired or parts sent to you under the Warranty, The Mix New Zealand will be responsible for all costs associated with freight charges within New Zealand to and / or from The Mix New Zealand service centre nominated by The Mix New Zealand 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.co.nz/pages/transfer-of-ownership, and submit 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.co.nz.
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. 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.
19.2. 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).
19.3. Where the cost of a purchase exceeds the available balance on a Gift Card you must pay the difference using another Valid 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. 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 within 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.
20.15. You may not consume any alcoholic beverages ( at studio or hands on Cooking Classes.
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 New Zealand.
29.2. We make no representation or warranty that the content of this website complies with the laws of any country outside New Zealand. If you access this site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access this website.