These Terms and Conditions of Use were last updated on May 1, 2019.
Separate Terms and Conditions of Use apply to the purchase and use of the THERMOMIX® Recipe Platform (COOKIDOO®) and the TM App (“Digital Content”). To review the Terms and Conditions of Use for COOKIDOO®.
IMPORTANT – THIS WEBSITE thermomix.com.br (“SITE”) IS OPERATED BY THERMOMIX DO BRASIL, THMDO BRASIL COMERCIAL E SERVICOS LTDA, CNPJ 31.027.864/0001-20, THIS IS A LEGAL AGREEMENT BETWEEN YOU (REFERENCED HEREIN AS “YOU” OR “USER” OR “USERS” OR WITH “YOUR”) AND VORWERK DO BRASIL (REFERENCED HEREIN AS “VORWERK” OR “WE” OR WITH “OUR”) THAT APPLIES EACH TIME YOU USE OR ACCESS THIS SITE. YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (the or this “AGREEMENT”) AS THEY GOVERN YOUR PURCHASE OF GOODS AND SERVICES, ACCESS AND USE OF THE AVAILABLE INFORMATION, SOFTWARE FUNCTIONALITY, MATERIALS, AND USER CREATED CONTENT PROVIDED THROUGH THIS SITE.
THERMOMIX IS WILLING TO PROVIDE GOODS AND SERVICES THROUGH THIS SITE, AS WELL AS LICENSE THE USE OF THIS SITE AND PROVIDE THE RELATED INFORMATION, SERVICES, SOFTWARE FUNCTIONALITY, OR CONTENT TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.
IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO IMMEDIATELY STOP USING THIS SITE AND TO NOT PURCHASE ANY GOODS OR SERVICES OFFERED THROUGH THIS SITE.
PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF USE CAREFULLY: (A) GOVERNING LAW; (B) LIMITATION OF LIABILITY; AND (C) INDEMNIFICATION/RELEASE.
This Agreement provides you with a revocable, limited, non-exclusive, non-transferable, and non-sublicenseable license to use this Site solely for your personal use and conditioned at all times on compliance with the terms and conditions of this Agreement. You may print and download materials and information from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
The foregoing license is limited. You therefore may not (1) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit this Site (or any part thereof) in any manner not expressly permitted by this Agreement; (2) reverse engineer, decompile, disassemble, translate, or create any derivative work of this Site (or any part thereof); (3) access, link to, or use any source code from this Site (or any part thereof);or (4) erase or remove any proprietary or intellectual property notice contained in or on this Site (or any part thereof). In addition, you acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.
Subject to VORWERK’s right to monitor or audit compliance, you acknowledge that it is solely your responsibility to maintain your compliance with the terms and conditions of this Agreement. By accessing or using this Site, you represent to VORWERK that: (1) you are at least the legal age of majority; (2) you are authorized to enter into this Agreement; (3) you will not use this Site for any purpose or in any manner that violates any applicable local, state, national, and international laws, regulations, rules, or guidelines; (4) any information or data provided to VORWERK by you will not violate any law or regulation or infringe the rights of VORWERK or any third-party; and (5) you are authorized and able to fulfil and perform the obligations and meet the conditions of a user as specified herein. In addition, you agree to assume all responsibility for your use, and the results of your use, of this Site, including meeting any requirements of your contracts with third parties or other persons.
You further represent that all information you provide to VORWERK (e.g., name, email address, and/or other information requested on a registration or submission form) is complete, true, and accurate and VORWERK has the right to rely upon the information provided. VORWERK may contact you by email, telephone or postal mail for any lawful purpose, which may include (1) follow-up calls, (2) customer satisfaction surveys, and (3) inquiries about any orders you placed, or considered placing, at or through this Site. If you provide any false, inaccurate, untrue, or incomplete information, VORWERK reserves the right to terminate immediately your access to and use of this Site and take other measures available under law, by contract, or in equity.
Under this Agreement, an order is an offer to buy the Products listed in the order. All orders submitted are subject to final review and approval/acceptance. All orders must be accepted by us or we will not be obligated to sell the Products to you. After the order has been approved, we will send you an email with your order shipping information. Acceptance of your order and the formation of the contract of sale between VORWERK and you will not take place unless and until you have received an email with your order shipping information. VORWERK reserves the right, in its sole discretion, not to accept any orders.
All price quotations are subject to change with or without notice. Prices quoted are in BRL and do not include freight, handling or delivery charges, air shipment charges, taxes (sales, excise, use, ad valorem, etc.), insurance or any export or import duties. Taxes are not included and any applicable taxes may be added to the amount due for the Products at checkout. Consumer shall be responsible for paying any and all such taxes, regardless of whether they are stated in the order confirmation for the Products. Such charges may, at VORWERK’s sole and absolute discretion, be prepaid by VORWERK and added to Consumer’s order confirmation. VORWERK is not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
All orders for Products must be paid in full in advance of shipment. In order to initiate purchase of the Products from VORWERK, Consumer must have a valid credit card associated with Consumer’s account or qualify for third-party Consumer financing, if any is provided on this Site or Mobile Application. Consumer’s credit card may be charged a nominal amount – e.g., $1.00 – to validate the credit card. VORWERK may use third-party merchant processors to process Consumer’s credit card payment. VORWERK shall have the right to suspend or cancel any order until order amounts are paid in full. Consumer represents and warrant that: (a) any and all payment information supplied to VORWERK is true, correct, and complete; (b) Consumer is duly authorized to use the credit card presented for the purchase, if any; (c) charges incurred by Consumer will be honored by Consumer’s credit card company; and (d) Consumer will pay charges incurred, including all applicable taxes, if any. Consumer agrees to pay all attorneys’ fees, litigation expenses and costs that are incurred by VORWERK for the collection of all amounts owed by Consumer to VORWERK.
All shipments are F.O.B. origin. An additional fee may apply to any order on shipments to a destination that is different than Consumer’s billing address. All delivery and shipment dates stated are approximations only and are subject to Product availability. VORWERK reserves the right to ship the products in multiple boxes and/or shipments.
If delivery is delayed at the request of Consumer, or for any other reason beyond the control of VORWERK, the Product shall nevertheless be deemed to have been delivered to Consumer as of the date of notice from VORWERK to Consumer that the Product is available for shipment for purposes of determining the final price for the Product and the time payment will be due. Products held by VORWERK for Consumer after the giving of such notice shall be held at the risk and expense of the Consumer. In no event shall VORWERK be liable for incidental, consequential or special damages, including lost profits, arising out of a delay or failure to deliver.
Returns will be processed pursuant to VORWERK’s current Return Policy. To return Products, Consumer must contact VORWERK’s Customer Service Department before returning any Product. The Customer Service Department will provide Consumer with a mailing label. Product may not be and VORWERK is not responsible for Product returned without the provided mailing label from VORWERK. All used or refurbished Products are sold “as is” and may not be returned for any reason whatsoever. Any refunds made by VORWERK shall be refunded in the manner in which the order was paid as identified on the applicable order confirmation.
Consumer represents and warrants that it shall: (a) comply with all applicable laws in connection with using the Product; (b) take all reasonable precautions necessary while using the Product to promote safety, avoid accident, and prevent injury or damage to person or property; and (c) notify VORWERK promptly upon discovering any problem with the Product that present any health or safety hazard.
VORWERK warrants that the Products purchased hereunder shall be free from defects in material and workmanship upon the terms of its Limited Warranty for the Products located at thermomix.com.br
IN CONNECTION WITH THIS AGREEMENT, EACH PARTY WILL COMPLY WITH ALL APPLICABLE IMPORT, RE-IMPORT, EXPORT, AND RE-EXPORT CONTROL LAWS AND REGULATIONS, INCLUDING THE EXPORT ADMINISTRATION REGULATIONS, THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS, AND COUNTRY-SPECIFIC ECONOMIC SANCTIONS PROGRAMS IMPLEMENTED BY THE OFFICE OF FOREIGN ASSETS CONTROL. CONSUMER IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS RELATED TO THE MANNER IN WHICH CONSUMER CHOOSES TO USE THE PRODUCTS.
Additional notices, terms, and conditions may apply to the purchase of third-party products or services (if offered by VORWERK) or the establishment of a THERMOMIX business opportunity. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this Agreement and such other notices, terms, and conditions, VORWERK shall resolve any conflict in good faith in its sole discretion but the latter terms shall generally control with respect to a purchase or business opportunity.
Please see VORWERK’s Privacy Policy for a summary of VORWERK’s personally identifiable information collection and use practices for this Site.
The contents of this Site, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, presentations in any format, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, and arrangement of this Site (collectively, “Material”) unless otherwise indicated, are owned, controlled, and licensed by VORWERK or its licensors. Any rights granted hereby are expressly licensed. VORWERK does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to this Site (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of this Site (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. All other rights reserved. You must not alter, delete or conceal any copyright or other notices contained on this Site or Material. VORWERK, THERMOMIX, and all other names, logos, and icons identifying VORWERK and its products and services are proprietary trademarks of VORWERK (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of VORWERK, is strictly prohibited. Other product and company names mentioned herein or on the Site may be the trademarks and/or service marks of their respective owners.
EXCEPT AS EXPRESSLY SET FORTH IN THE LIMITED WARRANTY SECTION, ABOVE, THIS SITE AND CONTENT ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” VORWERK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE PRODUCTS, OR THE USE OR RESULTS OF THE USE, OF THIS SITE OR CONTENT, INCLUDING USER CREATED CONTENT, IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. VORWERK DOES NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE IS WITH YOU. EXCEPT TO THE EXTENT PROHIBITED BY LAW, VORWERK AND ITS AFFILIATES MAKE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VORWERK OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
VORWERK shall have no responsibility to provide you access to this Site, and shall not be responsible for the conduct, whether online or offline, of any User of this Site. You further acknowledge and agree that VORWERK shall not be liable or responsible for any claim, damage, or loss resulting, directly or indirectly, from any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication, or any cause beyond VORWERK’s control, including, but not limited to, offers or promotions made available on this Site, any problems or technical malfunction of this Site, failure of electronic or mechanical equipment or any telephone network or communication lines, connecting problems, computer online systems, servers or providers, computer equipment, software, or failure of any e-mail due to technical problems or traffic congestion on the Internet or any combination thereof, computer viruses, unauthorized access, theft, operator errors or omissions, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions, including any injury or damage to Users or to any person’s computer related to or resulting from the use of this Site. Under no circumstances shall VORWERK be responsible for any loss or damage, including personal injury or death, resulting from use of this Site, from any Material, including User Created Content, posted on this Site, from the software, or from the conduct of any Users of this Site, whether online of offline. MOREOVER, YOU AGREE THAT IN NO EVENT SHALL VORWERK NOR ANY OF ITS SUBSIDIARIES OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF VORWERK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITING THE FOREGOING, TOTAL LIABLITY OF VORWERK FOR ANY REASON WHATSOEVER AND UPON ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO USE OF THE SITE, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO VORWERK FOR ANY PRODUCT OR SERVICE IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $2,500 (US), WHICHEVER IS LESS. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE CAUSE OR THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR OTHERWISE.
Any claim you might have against VORWERK for breach of this Agreement must be brought within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.
You agree to release, discharge, defend, indemnify and hold harmless VORWERK and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the delivery of products, services or information through this Site (collectively, “Indemnified Parties”), arising from, in connection with, or relating to, any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith.
This Agreement has been made and will be interpreted and executed exclusively in accordance with the laws of Brazil, indicating the Foro Central da Comarca de São Paulo, Capital, as the only competent forum to settle any and all controversies arising from the interpretation or execution of this agreement.
You have no reasonable expectation of privacy while using this Site because VORWERK reserves the right to view, monitor, and/or record activity on this Site (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. Actual or attempted unauthorized use of this Site may also result in criminal and/or civil prosecution. You shall therefore not, nor shall you permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by VORWERK for use of or with this Site.
We reserve the right at any time, and without notice to you or any third party, to modify, suspend or discontinue any part of this Site. We also reserve the right, in our sole discretion, to impose limits on certain features and services.
The Site may include links to third-party websites, including, without limitation, third party distributors. VORWERK is not responsible for examining or evaluating the content, accuracy, or privacy policies of any third party linked site or any link contained in a third party linked site. VORWERK expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites, and the inclusion of a third-party link on this Site does not imply our endorsement of those third-party companies or products. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
The Site may offer certain tools or content that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of this Site and its Mobile Services shall be in accordance with this Agreement.
User consents to receive communications from VORWERK electronically, including without limitation by e-mail or by posting notices. User agrees that all agreements, notices, disclosures and other communications that VORWERK provides to User electronically shall satisfy any legal requirement that such communications be in writing. In order for User to withdraw its consent to receive notices electronically, User must notify VORWERK in writing of its withdrawal of such consent.
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement (NOCI) to VORWERK by providing the following information:
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows: emailing to: contato@thermomix.com.br
This Agreement will take effect at the moment you click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using this Site, whichever is earliest. VORWERK reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to this Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and this Agreement will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this Agreement at any time by ceasing to use this Site, but all applicable provisions of this Agreement will survive termination, as identified below, and each re-access or use of this Site will reapply this Agreement (then in effect) to you. Upon termination, you must destroy all copies of any aspect of this Site in your possession. The provisions concerning VORWERK’s proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, admissibility of this Agreement, waiver and severability, entire agreement, and governing law will survive the termination of this Agreement for any reason.
If you send certain specific submissions, namely, comments or suggestions, feedback, or other materials regarding this Site or a VORWERK product or service through this Site (collectively, “feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such feedback that you forward to us. VORWERK is not and shall be under no obligation (1) to maintain any feedback in confidence; (2) to pay compensation for any feedback; or (3) to respond to any feedback. By transmitting any feedback to VORWERK, you further represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third-party (including, without limitation, copyright, trademark, privacy, personality or other personal or proprietary right) and that you have all rights necessary to convey such feedback to VORWERK. In addition, any feedback received by VORWERK will be deemed to include from you a perpetual, non-exclusive, irrevocable, transferable, royalty-free right and license for VORWERK to adopt, use, copy, print, display, reproduce, modify, publish, post, disseminate, transmit, distribute, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, material, or content, and you hereby waive any claim to the contrary.
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. In the event any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of this Agreement, the invalidity, voidness, or unenforceability shall affect neither the validity of this Agreement nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of this Agreement shall not constitute a waiver of that or any other provision. This Agreement set forth the entire agreement between you and us in connection with your use of this Site. The relationship between you and VORWERK is and shall be that of independent contractors and nothing in this Agreement shall be construed or used to create or imply any relationship of partners, joint venturers, or employer and employee. You may not assign or otherwise transfer this Agreement or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without VORWERK’s prior written consent. Any attempt of assignment, delegation, or transfer in violation of this Agreement shall be void, of no effect, and a material breach of this Agreement. Notwithstanding the foregoing, VORWERK may assign this Agreement in whole or in part. Moreover, VORWERK may delegate its rights and responsibilities or use contractors or agents to fulfil its obligations under this Agreement. This Agreement and VORWERK’s Privacy Policy, which is hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and VORWERK with respect to the subject matter herein, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and VORWERK with respect to this Site. Please note that VORWERK reserves the right to change the terms and conditions of this Agreement and by which this Site is extended to you by providing you in writing or electronically a copy of such revised terms or posting notice thereof to this Site. Your continued use of this Site following any such change to such Site will be deemed acceptance to be bound by any such change to this Agreement or this Site.
Contact Information
Questions about the Terms should be sent to us at contato@thermomix.com.br
Effective Date: September 18, 2020.
This website (“Site”) is operated by VORWERK DO BRASIL including all of its affiliates (referenced herein as “VORWERK” or “we” or “us” or “our”), recognize the importance of protecting your personal information and your right to privacy. This Privacy Policy explains our information practices and how VORWERK collects, uses and discloses the personal information you may choose to provide to us, whether online or otherwise.
By using VORWERK’s website (or any of our affiliate’s international websites or applications) and any products, services software, tools, applications, features or functionality offered on or through the website or mobile application (collectively, the “Site” or “Sites”) you signify your consent to the collection, use and disclosure of personal information as set forth in this Privacy Policy. Please note that if you choose to share information about yourself in an open format, such as through a Third-Party Site such as Facebook, we may consider some of that information to be public information—and not personal information.
This Policy went into effect on the date noted at the top of this webpage. We may update this Policy from time to time. If we make material changes, we will post the updated statement on this page and change the date at the top of this statement webpage. We encourage you to look for updates and changes to this statement by checking this date when you access our websites and mobile applications. We will notify you of any modifications to this statement that might materially affect the way we use or disclose your personal information prior to the change becoming effective by means of a message on this website.
VORWERK is committed to protecting the security and privacy of our customers. In this context, we have elaborated this Privacy Policy, in order to affirm our commitment and respect for the rules of privacy and protection of personal data.
We intend for our customers to know the general privacy rules and terms of treatment of the data we collect, in strict compliance with the governing General Data Protection Law in this area, namely Law No. 13.709, of August 14, 2018 (“Lei Geral de Proteção de Dados - LGPD ”or simply“ LGPD ”).
VORWERK seeks to respect the best practices in terms of security and protection of personal data by promoting/raising awareness of good practices in this area, and improving systems in order to manage the protection of the data provided by our customers, in strict compliance with legal obligations.
Filling out the data collection forms and providing data directly or indirectly, implies your knowledge of the conditions of this Policy, and of any other terms, policies and specific conditions relating to the services provided.
“Personal information” refers to any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
Personal information does not include:
Publicly available information from government records.
We collect personal information from you when you use our Sites or make contact with us through other sources (including through one of our retail partners or THERMOMIX Independent Consultants), such as when you: (i) visit / browse our Sites; (ii) complete forms on our Sites; (iii) attend and/or complete forms at an event; (iv) place or attempt to place an order; (v) register an account/as a customer; (vi) register as an Independent Consultant; (vii) email us; (viii) participate in promotions or surveys; (ix) communicate or coordinate with a customer service representative; (x) forward information to a friend; and (xi) event registration.
In particular, we may collect the following categories of personal information:
We collect personal information about you
COLLECTION OF PERSONAL INFORMATION
Some information We may use the collected information about you and the services you use to help us personalize and improve your experience. In particular, we may collect the following categories of personal information (independently or through marketing service providers):
Some information we collect is publicly available. We may collect information about you from other data aggregation companies and organizations. By gathering additional information about you, we can correct inaccurate information, enhance the security of your transactions, and give you product recommendations and special offers that are more likely to interest you.
When you visit the Site, we (independently or through service providers) may collect certain non-personal information from you,
We may use the above-mentioned categories of personal information for one or more of the following business purposes:
All of this information collected by VORWERK is cumulative, so that VORWERK and its Operators can provide a better service. Personal data is used to offer better provision of the companys business management, commercial and digital marketing services. For this to happen, it is often necessary to crosscheck the data we collect, so that the marketing actions can be directed to what the customer expects to receive from VORWERK.
We may disclose the above-mentioned categories of personal information collected from and about any Site user in the following circumstances:
Please note that our service providers may be located in foreign jurisdictions, and your personal information may be subject to the laws of those foreign jurisdictions and accessible to law enforcement and other authorities.
VORWERK will use your personal data only when it is properly authorized. The LGPD law demands, in order for the use of personal data to be lawful, that there is an adequate legal basis for each specific use.
Regarding the use of your data carried out by VORWERK to improve our services and fulfil our administrative and quality objectives, the basis for proper lawfulness will be the pursuit of legitimate interests of the Controller, as well as Contractual Compliance, when applicable, in addition to the consent of the customer. This implies that the data subjects may object to the use of their data for the purposes mentioned above, under the LGPD law, if they present valid reasons related to their particular situation. In such case, the Controller may present legitimate reasons that justify the continuation of the use, reserving the right to continue using your data for those purposes, as in cases where such use is necessary for the purposes of declaration, exercise or defense of a right in judicial proceedings.
Regarding the use of data carried out by VORWERK in the context of compliance with legal obligations, the legal basis for carrying out such treatments – mostly data communications to external entities – will be the need for use for the purpose of complying with Controller's legal obligations, including contractual compliance or legitimate interest, in addition to the use of anonymized data.
You may opt-out of receiving certain communications from us by updating your preferences (on any email received) or unsubscribing to the email received. We will endeavour to comply with your request as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove personal information from the databases of Independent Consultants or third parties with which we have already shared personal information (i.e., to which we have already provided personal information about you as of the date that we implement your opt-out request). If you wish to cease receiving marketing-related emails from such Independent Consultants or third parties, please contact such Consultants or third parties directly or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related emails.
Pursuant to data privacy regulations, you have the right to change and/or correct the personal information that you provide us by emailing to our Data Supervisor, thermomix.com.br through the email contato@thermomix.com.br
You also have the right to:
To exercise your rights, as described above, please submit a verifiable consumer request to us by either:
Sending an email to the Data Protection Officer: contato@thermomix.com.br
Only you or a person that you legally authorize to act on your behalf may make a verifiable request related to your personal information.
The verifiable request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable request does not require you to create an account with us. We will only use personal information provided in a verifiable request to verify the requestor’s identity or authority to make the request.
We endeavor to respond to a verifiable request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
We will not discriminate against you for exercising any of the above-described rights. This includes, but is not limited to: (i) denying good or services to you; (ii) charging you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; (iii) providing a different level or quality of goods or services; or (iv) suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
We do not and will not sell your personal information to third parties. As such, there is no need to submit a request for us to not sell your personal information. If you have any questions, please contact us at contato@thermomix.com.br
We work with social network sites such as Facebook, Twitter, Pinterest, Instagram, and YouTube. All of these companies operate Third-Party Sites. We provide access to our Site by third parties and business partners so that we can generate interest in our products among members of your social networks and to allow you to share product interests with friends in your network. The use of any features made available to you on our Site by a third party may result in information being collected or shared about you by us or by the third party. If you do not want us to be able to access information about you from Third-Party Sites, you must instruct Third-Party Sites not to share the information. We cannot control how your data is collected, stored, used or shared by Third-Party Sites or to whom it is disclosed. Please be sure to review the privacy policies and privacy settings on your social networking sites to make sure you understand the information they are sharing. If you do not want a Third-Party Site to share information about you, you must contact that site and determine whether it gives you the opportunity to opt-out of sharing such information. VORWERK is not responsible for how these third parties may use information collected from or about you.
We maintain reasonable and appropriate measures designed to maintain the personal information we collect on this Site in a secure manner.
We do not intend for our websites or online services to be used by anyone under the age of 18. If you are a parent or guardian and believe we may have collected information about your child, please contact us at contato@thermomix.com.br
We may partner with ad networks and other ad serving providers (“Advertising Providers”) who serve ads on behalf of us and others on non-affiliated sites. Some of those ads may be personalized, meaning that they are intended to be more relevant to you based on information Advertising Providers collect about your visits to this Site and other websites over time. You may visit thermomix.com.br to learn more about this type of advertising and to opt-out of this form of advertising by companies participating in the Digital Advertising Alliance self-regulatory program. Note that electing to opt-out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. In addition, note that if you use a different browser or erase cookies from your browser, you may need to renew your opt-out choice.
As part of the processing of your personal data, VORWERK observes, at all times, the principles of data protection from conception (privacy by design). Such a commitment implies, among other aspects, that your personal data will be of limited access to people who need to know them in the exercise of their functions, to the strictest extent necessary for the pursuit of the processing purposes that we have already listed above.
The personal data collected by VORWERK are used in strict compliance with the governing legislation being stored in specific databases. Such data are kept in a format that allows the identification of the data subjects only during the period necessary for the purposes for which they are processed.
The period during which the data is stored and preserved varies according to the purpose for which the information is used. There are, however, legal requirements that oblige you to retain data for a certain period. We take as a reference for determining the appropriate preservation period the various resolutions of the data protection control authorities, namely the National Data Protection Authority - ANPD.
This Site may contain links to third-party websites or applications that are not affiliated with VORWERK, and which may have privacy policies that differ from our own. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements before disclosing any personal information. Please contact those websites directly if you have any questions about their privacy policies. This Site may include social media tools, such as social networking and blogging tools offered by third parties. If you use these tools to share information about your use of the Site, or otherwise interact with social media features on the Site, those third-party social media companies may collect information about you and may use and share such information in accordance with their own policies, including by sharing such information with the general public. Your interactions with third-party social media companies and the use of their features are governed by the privacy policies of the social media companies that provide those features. We encourage you to carefully read the privacy policies of any social media accounts you create and use.
If you have any questions, please contact us at thermomix.com.br
All Thermomix® are built to the highest standards, pushing innovation to its limits with this twelve-in-one kitchen appliance. Your Thermomix® is built to last. If you are not completely satisfied with your Thermomix® purchase, you may return it within 30 days from the date of delivery. Review our return policy here.
Our customer service team is always happy to assist with any questions that you have. For additional information about the Thermomix® repair process, or the Thermomix® warranty, please call our Customer Service.
View and download a complete copy of the Thermomix® Limited Warranty for residential use here and for commercial use – NSF certified here.
