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General terms and conditions

1. General Conditions

The general sale conditions of VORWERK BENELUX (“GTC”) are applicable to the sale of VORWERK BENELUX products (the “Product”) to customers (“Customer(s)”) via its website (“Webshop”) and any other contract between VORWERK and the Customer. The GTC take precedence over all other general sale conditions. Any changes to the GTC take effect as soon as they are placed online and do not apply to previous transactions.

The contact details of VORWERK BENELUX are:

VORWERK BENELUX

Registration number: 1005.465.871

Deltapark, Mechelsesteenweg 186C, 1800 Vilvoorde, Belgium

benelux@customercare.vorwerk.com (mailto:benelux@customercare.vorwerk.com)

These terms and conditions will be made available to the Customer for the completion of the sale in a manner that allows the Customer to store the terms and conditions on a durable electronic medium.

2. Definitions

For the purposes of the GTC, the following terms, when written with a capital letter, shall have the following meanings:

“VORWERK BENELUX”: Vorwerk BENELUX, a private limited liability company under Belgian law, with registered seat at Mechelsesteenweg 586, box C, 1800 Vilvoorde, and registered under Belgian company number 1005.465.871

“GTC” shall mean these general sales conditions of VORWERK BENELUX.

“EU Data Act” shall mean the Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828.

“Intellectual Property Rights” shall mean all intellectual property rights, including but not limited to authors’ rights, copyrights, patents, trademarks, design and database rights, rights to confidential information or trade secrets, domain name rights, and any other intellectual property rights (whether or not registered, existing now, or to be developed) worldwide, including all rights related to applications and pending registrations and the right to prosecute and obtain damages for infringement;

“Product” shall mean any product that is sold to the Customer by VORWERK BENELUX, including but not limited to a Thermomix.

“VI” shall mean Vorwerk International & Co. KmG, with seat located at Verenastrasse 39, 8832 Wollerau, Switzerland.

3. Offer, acceptance and term of the contract

Orders are placed online through the Webshop, using an online order form, and within the limits of available stock. If the Product is not available after the order has been placed, VORWERK BENELUX shall notify the Customer within a reasonable period of time. The Customer can obtain further information about the Products from the customer service department of VORWERK BENELUX.

The sale will only be concluded after explicit acceptance of the offer by the Customer. However, VORWERK BENELUX reserves the right not to execute or to cancel orders, with refund of any advance paid, if the orders seem dubious, such as, but not limited to orders made by minors, insolvent customers, customers with no known address or customers who provide false information.

VORWERK BENELUX reserves the right to suspend or refuse any order from a customer who has not paid a previous order or with whom a dispute has arisen.

Placing an order means that the Customer has fully accepted the GTC. The agreement and the terms and conditions remain in effect until all obligations have been performed.

By placing an order, the Customer expressly waives its own terms and conditions and acknowledges the applicability of the GTC. The general terms and conditions of the Customer cannot be accepted implicitly by VORWERK BENELUX. This provision may only be deviated form by means of a signed and written agreement.

4. Price and payment terms.

The Product is invoiced at the applicable price at the time the order is registered. The prices are indicated in euros, including VAT at the applicable current rate in the country of residence of the Customer. Delivery costs shall be borne by the Customer and shall be stated separately. Before placing an order, the total price, including all costs and taxes, will be made available to the Customer and will be displayed in the order overview on the Webshop.

Purchases through the Webshop can be made using one of the following payment methods: Bancontact, Credit card, Alma.

If the Customer is a consumer within the meaning of Article I.1, 2° of the Code of Economic Law and fails to pay an invoice by the due date, VORWERK BENELUX may claim (i) default interest equal to the reference interest rate increased by eight percentage points referred to in Article 5, second paragraph, of the Law of 2 August 2002 on combating late payment in commercial transactions, for which the interest is calculated on the outstanding amount, and also (ii) a fixed compensation of:

a) 20 euros if the outstanding balance is less than or equal to 150 euros; or

b) 30 euros increased by 10% of the amount due on the tranche between 150.01 and 500 euros if the outstanding balance is between 150.01 and 500 euros; or

c) 65 euros increased by 5% of the amount due on the tranche above 500 euros with a maximum of 2000 euros if the outstanding balance is higher than 500 euros.

VORWERK BENELUX may only claim this default interest and fixed compensation from a consumer within the meaning of Article I.1, 2° of the Code of Economic Law after a period of fourteen days following the sending of the first written reminder mentioned in article XIX.2 §1 of the Code of Economic Law, which shall start either on the third working day after the reminder is sent by letter or on the calendar day following the day the reminder is sent electronically.

If the Customer is not a consumer within the meaning of Article I.1, 2° of the Code of Economic Law, and in the absence of payment by this Customer at the latest on the due date of the invoice, a default interest shall be owed automatically by the Customer, without notice of default or written reminder, in accordance with the interest rate applicable to commercial transactions (B2B) pursuant to the Law of 2 August 2002 on combating late payment in commercial transactions. Non-payment of the invoice by the Customer (that is not a consumer) on the due date shall furthermore, automatically and without notice of default, give rise to compensation of ten percent (10%) on the outstanding balance, with a minimum of 125 euros per outstanding invoice, without prejudice to the right of VORWERK BENELUX to recover any demonstrable higher damages.

An incomplete delivery of an order does not justify a postponement of payment for the goods delivered. VORWERK BENELUX may issue partial invoices insofar as the goods have been delivered. The payment of the invoices cannot be made dependent on the installation and commissioning of the equipment.

5. Delivery and transfer of risk

VORWERK BENELUX undertakes to deliver the product within 60 days after full receipt of payment, unless a different delivery date has been agreed upon.

If VORWERK BENELUX is unable to deliver the product within the aforementioned period, VORWERK BENELUX undertakes to inform the Customer in writing and to agree upon a new, reasonable delivery date. If VORWERK BENELUX exceeds the new delivery period, the Customer has the right to cancel the order.

Upon delivery, the Customer must inspect the packaging for any damage. If the product is damaged, the Customer may not accept the delivery and must immediately notify VORWERK BENELUX.

Delivery times are not binding and are purely indicative unless expressly stated otherwise. Risk passes to the Customer when the Customer or a third party designated by the Customer takes physical possession of the Product.

6. Retention of title

The sold Products remain the property of VORWERK BENELUX until full payment of the price and all other possible amounts owed by the Customer. The Customer is liable for any damage or decrease in value of the Product compared to the new state as a result of use, deterioration of the packaging, etc. In case of seizure, confiscation or other measures by third parties regarding the Product, for whatever reason, the Customer shall fully indemnify VORWERK BENELUX for all claims and costs resulting from this. In this case, the Customer must inform the third party that the Product is the property of VORWERK BENELUX. If the price is not paid in full within the agreed period, VORWERK BENELUX may, at its own discretion, demand the return of the Product by refunding, if applicable, the amounts already paid by the Customer or by blocking the functionalities of the device.

7. Complaints

Complaints about the Product must be made in writing and the existence of a defect must be proven. VORWERK BENELUX is not liable if the defect did not exist at the time of delivery of the Product or if the Customer was aware of the existence of the defect at the time of purchase. Complaints must be submitted within 14 days of receipt of the Product.

If the dispute cannot be resolved amicably, the Customer may file a complaint with the Consumer Ombudsman Service, located at 1000 Brussels, Boulevard du Roi Albert II 8, box 1 (North Gate II).

8. Product warranty

The Product is covered by a parts and labor warranty, including Vorwerk Comfort Service, in accordance with the terms and conditions of VORWERK BENELUX from the date of delivery. The Customer has the right to a legal warranty of two (2) years from the date of delivery. This warranty does not apply:

- in case of misuse, normal wear and tear, abnormal maintenance work or lack of maintenance and/or hygiene;

- in case of use of accessories or equipment other than those supplied by VORWERK BENELUX or of spare parts other than original VORWERK parts;

- in case of intervention or modification of the device by an unauthorized third party or the Customer;

- in case of non-compliance with the operating instructions/manual;

- in case of connection to a non-compliant electrical installation;

- in case of force majeure such as natural disaster, lightning, flood, fire, or any accidental event or external cause;

- in case of defective WiFi or Bluetooth connection or absence of WiFi or Bluetooth connection for any reason.

The above provision does not affect the provisions regarding hidden defects and (non-)conforming delivery.

In case of non-compliance with the safety rules as set out in the instructions for use of the Product, VORWERK BENELUX is not responsible for damage caused to the Customer or third parties, whether animals or goods. Any accident must be reported immediately to VORWERK BENELUX, who may request the device for expertise. Under no circumstances may the condition of the apparatus be changed after the accident.

9. Right of Withdrawal

The Customer has a right of withdrawal of 14 days from receipt of the Product, be it upon receipt of the Product through a third party. To exercise his/her right of withdrawal, the customer may use and complete the withdrawal form provided or make a statement indicating the order number and his/her decision to return the order. The Product must be returned in its original packaging, following the instructions of VORWERK BENELUX. The Customer must return the products without undue delay and in any case no later than 14 days after sending the notice of withdrawal.

Delta Park

Mechelsesteenweg 586C

1800 Vilvoorde - BELGIUM

During the withdrawal period, the Customer must handle the Product and packaging with care. This means that the customer may only unpack the goods to determine whether or not he wishes to keep the Product. In the event of withdrawal, the customer is responsible for the costs of returning the Product and any depreciation or damage to the Product caused by handling the Product beyond what was necessary to determine its nature, characteristics and functioning, and the costs associated with new packaging. In the event of damage to the Product or the packaging, VORWERK BENELUX will charge any repair costs and/or the total value of the damaged Product or packaging.

10. Processing of personal data

The personal data of the Customer will be collected and processed by VORWERK BENELUX, who will act as the data controller.

VORWERK BENELUX refers to its privacy statement, which can be consulted on its website under this https://cookidoo.be/consent/web/documents/nl-BE/latest/privacy?region=BE (https://cookidoo.be/consent/web/documents/nl-BE/latest/privacy?region=BE); https://cookidoo.be/consent/web/documents/nl-BE/latest/privacy?region=LU (https://cookidoo.be/consent/web/documents/nl-BE/latest/privacy?region=LU); https://cookidoo.be/consent/web/documents/nl-BE/latest/privacy?region=NL and which also states the processed data, the grounds and purposes of the processing and the rights and obligations regarding the processing of personal data. By placing an order, the Customer confirms that he has read the privacy statement and accepts it.

11. Intellectual Property

Unless expressly and specifically stated otherwise in a written and signed agreement between VORWERK BENELUX and the Customer, all Intellectual Property of VORWERK BENELUX shall at all times remain the exclusive property of VORWERK BENELUX.

12. Information on the Vorwerk products and services (EU Data Act)

Vorwerk is required by applicable laws to provide the Customer with relevant information on Vorwerk connected products and related services before the conclusion of an agreement. On https://www.vorwerk-group.com/eudataact/be (https://www.vorwerk-group.com/eudataact/be); https://www.vorwerk-group.com/eudataact/lu (https://www.vorwerk-group.com/eudataact/lu); https://www.vorwerk-group.com/eudataact/nl (https://www.vorwerk-group.com/eudataact/nl); the Customer has access to the relevant information specific for the product/service that is subject to the GTC.

13. Obligations of the Customer after obtaining Product Data, Related Service Data or data mentioned in article 4 (1) EU Data Act

In the event that the Customer, as a user, obtains data pursuant to a request referred to in article 4 paragraph 1 of the EU Data Act, the Customer agrees to not use this data to develop a connected product that competes with the connected product or Product from which the data originate, nor shall the Customer share the data with a third party with that intent, and the Customer shall not use such data to use coercive means or abuse gaps in the technical infrastructure of the data holder or VI which is designed to protect the data in order to obtain access to data, and shall not derive insights about the economic situation, assets and production methods of the manufacturer or VI. A violation or breach of the Customer’s obligations under this article of the GTC shall constitute a serious and material breach of contract, entitling VORWERK BENELUX to claim full compensation for its damages.

14. Right to use Product Data (Data License)

During the use of the Product by the Customer (user), various data related to the Product or environment of the Product will be obtained, collected, generated or otherwise processed by the Product (so called “Product Data”), meaning data generated by the use of the Product that have been designed to be retrievable, including metadata). In the event that the Product is connected to a digital service provided or operated by VORWERK BENELUX (so called “Related Service”) the Related Service may obtain, collect, generate or otherwise process data representing the digitisation of user actions or of events related to the connected Product (“Related Service Data”). VORWERK BENELUX and the Customer agree on the use and sharing of Product Data as follows. The Related Service Data may be subject to additional terms and conditions separately agreed with the Customer.

A) Data Holder

VORWERK BENELUX and the Customer agree that in context of these GTC , Data Holder within the meaning of Regulation (EU) 2023/2854 (“EU Data Act”) is

  • Vorwerk International & Co. KmG (“VI”) for all data regarding the Product and for all data regarding Vorwerk Related Services that are connected to the Product (“Data Holder”).

VI shall be subject to all rights and obligations arising from their roles as a Data Holder.

VORWERK BENELUX and the Customer agree that no other legal entity within the Vorwerk Group than VI shall be considered a Data Holder under the GTC or any other contract between VORWERK BENELUX and the Customer.

VORWERK BENELUX hereby represents and warrants that it has full authority to act on behalf of VI in connection with the GTC. VORWERK BENELUX is duly authorized to bind VI to the terms and conditions regarding access to and use of the data set forth herein.

B) Right to use non-personal Product Data for specified purposes

VORWERK BENELUX and the Customer agree that the Data Holder receives the right to use the Product Data that is non-personal Data for the following purposes to the extent permitted by applicable law:

  • Performance of an agreement with the Customer or activities related to such agreement;
  • monitoring and maintaining the functionality, safety, and security of the Product or Related Service to provide incident preparedness and incident response, troubleshooting, support, warranty, guarantee or similar activities and related data analytics to perform such activities, including the detection and investigation of incidents and root causes;
  • assess, defend, and/or enforce the Customer’s, Data Holder’s or third party’s claims related to the Product or Related Service;
  • analyses and measurement of the effectiveness and use of the Vorwerk Products and Related Services, including statistical analysis, in particular for monitoring and maintaining the functioning, safety and security of a Product or Related Service and ensuring quality control;
  • improving the functioning of any Product or Service offered by VORWERK BENELUX and/or the Data Holder including conducting quality control, predictive maintenance and offering support or warranty services;
  • developing new features, functionalities and/or tools for the Products or Related Services by VORWERK BENELUX and/or the Data Holder, or by third parties acting on behalf of VORWERK BENELUX and/or the Data Holder;
  • developing new Products or Services, either independently, collaboratively, or through special-purpose entities like joint ventures;
  • billing and account management;
  • compliance with applicable laws and protection and enforcement of Vorwerk’s rights;
  • aggregating Product and Service Data with other data or creating derived data, for any lawful purpose; and
  • subject to User’s prior consent, training of proprietary and third-party vendor AI models, AI systems and machine learning features.

(“Data License”).

The Data Holder does not use Product Data to derive insights about the economic situation or assets of the Customer or in any other way or form that are detrimental to the legitimate interests of the Customer.

C) Derived Data License and use by third parties

VORWERK BENELUX and the Customer agree that the Data Holder is entitled to grant other legal entities within the Vorwerk Group with a right to use non-personal Product Data for the purposes defined in this section (“Derived Data License”). The Data Holder is entitled to commission third-party vendors and suppliers or cooperation partners to use the Product Data for the purposes specified in the Data License, provided that the Data Holder contractually binds the third parties not to further share the non-personal Product Data received.

Notwithstanding the above, the Data Holder as well as, where permissible, third parties may use data processing services, such as cloud computing services, hosting services, or similar services to achieve, for their own account and under their own responsibility, for processing the Product Data.

D) Use and transfer of personal Product Data

The Data Holder may only use, share with third parties or otherwise process any Product Data that is personal data, if there is a legal basis provided for and under the conditions permitted under Regulation (EU) 2016/679 (“GDPR”) and, where relevant, Directive 2002/58/EC (“Directive on privacy and electronic communications”), and the Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data, or subject to any other applicable privacy laws.

E) Technical and organizational measures

The Data Holder shall apply technical and organizational measures in order to ensure a level of protection appropriate to the risk of the processing of Product Data with regard to confidentiality, integrity and availability, as well as sufficient resilience and security of the data processing systems that are reasonable in the circumstances, considering the state of science and technology, potential harm suffered by the User and the costs associated with the protective measures.

The technical and organizational measures are subject to technical progress and further development. In this respect, the Data Holder and VORWERK BENELUX are permitted to implement alternative adequate measures as long as the safety level of the specified measures is not undercut.

15. Right to use Related Service Data (Data License)

During the use of the Product by the Customer (user), various data related to the Product or environment of the Product will be obtained, collected, generated or otherwise processed by the Product (so called “Product Data”, meaning data of actions or events in relation to the Product during the provision of Cookidoo, including metadata). Cookidoo is a digital service provided or operated by VI that is connected to the Vorwerk Product to facilitate the access to the Vorwerk Product and to steer its functionalities and features and to allow the processing, sharing, and use of data (so called “Related Service”). The Related Service may obtain, collect, generate or otherwise process data representing the digitization of user actions or of events related to the connected Product (“Related Service Data”). VORWERK BENELUX and the Customer agree on the use and sharing of such Related Service Data as follows. The Product Data may be subject to additional terms and conditions separately agreed with the Customer.

A) Data Holder

VORWERK BENELUX and the Customer agree that in context of these GTC, the Data Holder within the meaning of Regulation (EU) 2023/2854 (“EU Data Act”) is

  • Vorwerk International & Co. KmG (“VI”) for all data regarding the Product and for all data regarding Vorwerk Related Services that are connected to the Product.

VI shall be subject to all rights and obligations arising from their roles as a Data Holder.

Vorwerk Benelux and the Customer agree that no other legal entity within the Vorwerk Group than VI shall be considered a Data Holder under the GTC or any contract between Vorwerk Benelux and the Customer .

VORWERK BENELUX hereby represents and warrants that it has full authority to act on behalf of VI in connection with the GTC. VORWERK BENELUX is duly authorized to bind VI to the terms and conditions regarding access to and use of the data set forth herein.

B) Right to use non-personal Related Service Data for specified purposes

VORWERK BENELUX and the Customer agree that the Data Holder receives the right to use the Related Service Data that is non-personal Data for the following purposes to the extent permitted by applicable law:

  • Performance of an agreement with Customer or activities related to such agreement;
  • monitoring and maintaining the functionality, safety, and security of the Product or Related Service to provide incident preparedness and incident response, troubleshooting, support, warranty, guarantee or similar activities and related data analytics to perform such activities, including the detection and investigation of incidents and root causes;
  • assess, defend, and/or enforce Customer’s, Data Holder’s or third party’s claims related to the Product or Related Service;
  • analyses and measurement of the effectiveness and use of the Vorwerk Products and Related Services, including statistical analyses, in particular for monitoring and maintaining the functioning, safety and security of a Product or Related Service and ensuring quality control;
  • improving the functioning of any Product or Service offered by VORWERK BENELUX and/or the Data Holder including conducting quality control, predictive maintenance and offering support or warranty services;
  • developing new features, functionalities and/or tools for the Products or Related Services by VORWERK BENELUX and/or the Data Holder, or by third parties acting on behalf of VORWERK BENELUX and/or the Data Holder;
  • developing new Products or Services, either independently, collaboratively, or through special-purpose entities like joint ventures;
  • billing and account management;
  • compliance with applicable laws and protection and enforcement of Vorwerk’s rights;
  • aggregating Product and Service Data with other data or creating derived data, for any lawful purpose; and
  • subject to User’s prior consent, training of proprietary and third-party vendor AI models, AI systems and machine learning features.

(“Data License”).

The Data Holder does not use Related Service Data to derive insights about the economic situation or assets of the Customer or in any other way or form that are detrimental to the legitimate interests of the Customer.

C) Derived Data License and use by third parties

VORWERK BENELUX and the Customer agree that the Data Holder is entitled to grant other legal entities within the Vorwerk Group with a right to use non-personal Related Service data for the purposes defined in this section (“Derived Data License”). The Data Holder is entitled to commission third-party vendors and suppliers or cooperation partners to use the Related Service data for the purposes specified in the Data License, provided that the Data Holder contractually binds the third parties not to further share the non-personal Related Service Data received.

Notwithstanding the above, the Data Holder as well as, where permissible, third parties may use data processing services, such as cloud computing services, hosting services, or similar services to achieve, for their own account and under their own responsibility, for processing the Related Service data.

D) Use and transfer of personal Related Service Data

The Data Holder may only use, share with third parties or otherwise process any Related Service Data that is personal data, if there is a legal basis provided for and under the conditions permitted under Regulation (EU) 2016/679 (“GDPR”) and, where relevant, Directive 2002/58/EC (“Directive on privacy and electronic communications”) or subject to any other applicable privacy laws.

E) Technical and organizational measures

The Data Holder shall apply technical and organizational measures in order to ensure a level of protection appropriate to the risk of the processing of Product and Related Service Data with regard to confidentiality, integrity and availability, as well as sufficient resilience and security of the data processing systems that are reasonable in the circumstances, considering the state of science and technology, potential harm suffered by the User and the costs associated with the protective measures.

The technical and organizational measures are subject to technical progress and further development. In this respect, the Data Holder and VORWERK BENELUX are permitted to implement alternative adequate measures as long as the safety level of the specified measures is not undercut.

16. Nullity

If any of the provisions of the order and/or the GTC is or becomes null and void in whole or in part, this shall not affect the validity of the other provisions. VORWERK BENELUX and the Customer shall in good faith replace the invalid provisions with an equivalent provision, which best corresponds to the intention of the order and/or the GTC terms. In case of total or partial invalidity, the court can always moderate the invalidity and limit it to the unreasonable part.

17. Liability

VORWERK BENELUX, except in cases of fraud, gross negligence, and/or intentional misconduct, shall not be liable for any indirect damage incurred by the Customer. Any liability of VORWERK BENELUX following a sale or a contract with the Customer is limited to direct damage.

Any non-contractual liability of VORWERK BENELUX, or of its auxiliaries or employees, relating to the formation, performance, or termination of a contract with the Customer is expressly excluded and not applicable (in deviation from Article 6.3 §2 of the Civil Code), except in cases of non-contractual claims for compensation for physical bodily damage or moral damage, or for compensation for an intentional act of VORWERK BENELUX with the intent to cause damage.

18. Applicable law

The existence, effects and consequences of a contract with VORWERK BENELUX and the GTC, and any orders, sales, or its execution etc., shall be exclusively governed by Belgian law. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall not apply.

19. Competent courts

All disputes relating to or arising from the order, a contract and/or the GTC shall fall under the exclusive jurisdiction of the courts of Brussels (BE).

The foregoing applies without prejudice to any other rights of consumers within the meaning of Article I.1, 2° of the Code of Economic Law, as referred to in Article VI.83, 23° of the Code of Economic Law.