Terms of Service

Terms of Use for the Thermomix® Recipe Platform (Cookidoo®) and the TM App

22. February 2019

  1. Use of Cookidoo®
  2. Use of the App
  3. Usage Right
  4. Subscriptions made on Cookidoo®
  5. Costs
  6. Delivery
  7. Cookidoo® Subscription
  8. Legally Mandatory Information
  9. Right of Withdrawal
  10. Limitation of Liability
  11. Modification of these Terms of Use
  12. Final Provisions

Preamble

These Terms of Use determine the use of the “Thermomix® Recipe Platform” (in the following “Cookidoo®”), which is provided by Vorwerk International Strecker & Co., Wolleraustrasse 11A, 8807 Freienbach, Switzerland ( “Vorwerk”) available at www.cookidoo.co.uk where users may subscribe to digital recipe files ( “Recipes”) which run or are displayed on specific Thermomix® or mobile devices. Cookidoo® may be accessed via the website or the mobile Vorwerk app “TM App” ( “App”). These Terms of Use govern any agreement between Vorwerk and the user ( “User”) regarding Cookidoo® and the App.

1 Use of Cookidoo®

1.1 Use of Cookidoo® is only possible after prior registration. Vorwerk reserves the right to also make certain content available to non-registered users, such as recipe previews; the availability of such content is however subject to Vorwerk’s sole discretion.

1.2 Upon registration, correct and complete information must be provided. In the event of changes in the user data, these data are to be updated, and incorrect user data are to be corrected.

1.3 The User undertakes to keep secret the access data used to access Cookidoo®. Furthermore, the User is in general responsible for any and all activities that occur under its account.

1.4 The User shall notify Vorwerk immediately of any unauthorized use of its account or any other security breaches.

1.5 In accordance with these Terms of Use, the User may subscribe to the Recipes for a limited period of time. The respective price for the subscription will be displayed to the User in advance.

1.6 If Recipes were created for specific Thermomix® devices, such Recipes may only be used with those devices and not with other Thermomix® devices.

1.7 The User shall not:

work around any technical limitations of Cookidoo®, the Recipes or the App;

hack or modify Cookidoo® or the App;

modify the Recipes;

use Cookidoo® or the App for any purpose that is unlawful or prohibited by these Terms of Use or use Cookidoo® in any manner that could damage, disable, overburden or impair the infrastructure behind Cookidoo® and the App.

1.8 Vorwerk reserves the right to discontinue providing the infrastructure behind Cookidoo® and the App, however, not before the termination of a current Recipe subscription. Vorwerk will notify the User about such discontinuation via email to the address provided by the User.

1.9 Vorwerk reserves the right to restrict access to particular functions or to disable the User’s account in case that the User breaks these Terms of Use (though in cases capable of being remedied, will allow the User the opportunity to do so, and if adequately remedied will cease such restrictions or disabling).

2 Use of the App

2.1 The User can obtain the App from a store for mobile apps (“App Store”), which is provided by a third party. If the App is not offered for free, the purchase price for the App will be displayed to the User in advance. If the User decides to purchase the App, the User has to confirm the purchase by using a corresponding function in the App Store.

2.2 Some functions of the App do require an active internet connection of the mobile device, i.e. individual functions cannot be used without an active internet connection. Additional costs may arise in connection with the use of such individual functions of the App over the internet, depending on your mobile contract.

2.3 The use of the App requires a compatible smartphone or any other compatible device.

3 Usage Right

3.1 Vorwerk hereby grants the User a non-exclusive, non-transferrable and non-sub-licensable right to use the Recipes and the App for the purposes permitted under these Terms of Use. The User may only download and use the Recipes and the App on devices designated for such download.

3.2 The User is only allowed to reproduce Recipes and the App to the extent that this is permitted under these Terms of Use. The User may not lease or rent the Recipes or the App to third parties. The Recipes and the App are copyright protected.

3.3 The App and the Recipes may be used by the User for their own non-commercial purposes and only as permitted under these Terms of Use. Any commercial use of this content is subject to Vorwerk’s prior written consent. Pictures may not be copied, sold or otherwise be reproduced, unless Vorwerk has given its explicit written consent.

3.4 Any unauthorized use, including the reproduction of Recipes or the App or the transfer of Recipes or the App to third parties, is not allowed.

4 Subscriptions made on Cookidoo®

4.1 On Cookidoo®, the User will be able to subscribe to Recipes.

4.2 The main characteristics of the subscription are listed on the description page of the product.

4.3 The User will select the desired subscription at the beginning of the order process.

4.4 By clicking on the button “Buy Now”, the User makes a legally binding offer with regard to the Cookidoo® Subscription. If the offer is accepted by Vorwerk, its subsequent explicit acceptance will be via email. The agreement shall have no effect until Vorwerk accepts the offer.

5 Costs

5.1 The User will pay the agreed price to Vorwerk.

5.2 The final price, which is composed of the price indicated on the website/App, includes value-added tax and any other price component.

5.3 The payment is due and payable with the conclusion of the agreement.

5.4 The methods of payment available are provided to the User before any order. Vorwerk offers the User to pay by credit or debit card (Master Card or Visa) of by additional payment methods if listed on Cookidoo®.

6 Delivery

For digital products (e.g. digital Recipes), the delivery occurs upon payment by the User.

7 Cookidoo® Subscription

7.1 The User may subscribe to Recipes (“Cookidoo® Subscription”). The User may use the subscribed to Recipes during the term of the Cookidoo® Subscription. After the termination of the Cookidoo® Subscription, those Recipes will no longer be available to the User.

7.2 The Cookidoo® Subscription has, at the choice of the User, a minimum term of either one year or 30 days, beginning with its activation, and will automatically renew at the end of this minimum term for further terms of the same duration as the minimum term each. Either party may terminate the Cookidoo® Subscription with effect to the end of each term without notice period.

8 Legally Mandatory Information

8.1 Vorwerk’s offers are not binding.

8.2 By clicking on the button “Buy Now”, the User makes a legally binding offer with regard to the Cookidoo® Subscription. If the offer is accepted by Vorwerk, its subsequent explicit acceptance will be via email. The agreement shall have no effect until Vorwerk accepts the offer.

8.3 The exclusive language available for the conclusion of the agreement is English.

8.4 The text of the agreement is not stored by Vorwerk. However, it will be sent to the User together with these Terms of Use via email.

8.5 The User is entitled to mandatory legal rights.

9 Right of Withdrawal

9.1 The following instructions on withdrawal apply for the paid-for subscription of Recipes (Cookidoo® Subscription).

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (Vorwerk International Strecker & Co., Wolleraustrasse 11A, 8807 Freienbach, Switzerland, mythermomix@vorwerk.co.uk , +44 (0)330 660 0839) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. However. If you requested to begin performance of the services during the withdrawal period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract. We will carry out any reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

9.2 Model Withdrawal Form

(complete and return this form only if you wish to withdraw from the contract)

– To:

Vorwerk International Strecker & Co., Wolleraustrasse 11A, 8807 Freienbach, Switzerland

E-Mail: mythermomix@vorwerk.co.uk

– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*),

– Ordered on (*)/received on (*),

– Name of consumer(s),

– Address of consumer(s),

– Signature of consumer(s) (only if this form is notified on paper),

– Date

__________

(*) Delete as appropriate

10 Limitation of Liability

10.1 Nothing in these Terms of Use excludes or limits Vorwerk's liability for death or personal injury arising from its negligence, or our fraud or fraudulent misrepresentation, nor is anything in these Terms of Use intended to affect your legal rights as a consumer.

10.2 Vorwerk will not be liable to you for any losses or damages suffered by the User that: (i) were not reasonably foreseeable by the User and Vorwerk at the time the User accepted these Terms of Use - loss or damage is reasonably foreseeable if either it is obvious at the time the User accepted these Terms of Use that it may happen or, both the User and Vorwerk knew it might happen, for example, if the User and Vorwerk discussed it.; or (ii) are not caused by Vorwerk breaking a term of these Terms of Use, or any other failure by Vorwerk

10.3 Vorwerk makes no statement or promise that the Recipes, or any other data, materials or content made available on Cookidoo® or the App are accurate, complete or up-to-date. However, Vorwerk will nonetheless always use reasonable skill and care when Vorwerk makes Recipes, or any other data, materials or content available on Cookidoo® or the App, or allows third parties to do so.

10.4 Although Vorwerk takes reasonable precautions to prevent the existence of computer viruses and/or other malicious programs in Cookidoo® and the App, Vorwerk cannot guarantee that there will not be any.

10.5 Vorwerk will also not be liable to you for any period(s) when the App is unavailable to you in accordance with these Terms of Use.

11 Modification of these Terms of Use

Vorwerk reserves the right to amend these Terms of Use at any time to reflect changes in or relevant laws or regulatory requirements, security, technical or operational issues, Vorwerk's business, and/or Cookidoo® or the App's functionality or features. However, the foregoing right excludes provisions that relate to the parties’ primary contractual obligations, they will not be changed in the manner described in this section. If Vorwerk wishes to amend these Terms of Use, Vorwerk will notify the User in text form about the modified terms before they will enter into force and Vorwerk will inform the User separately about the new provisions as well as the planned date for the new terms to enter into force. At the same time, Vorwerk will grant an adequate, at least six-week period to the User to terminate the agreements that are based on these Terms of Use without notice, in case that the User does not agree with the modified Terms of Use; where there is a termination of the Cookidoo® Subscription, fees which have already been paid for the remaining term will be reimbursed. If the User does not terminate the agreement within the aforementioned period, the modified terms shall apply upon expiration of the period. The termination shall be made in writing or text form (e.g. via email). Upon notification of the modified Terms of Use, Vorwerk will inform the User about his termination right, the applicable termination period and the significance of remaining silent.

12 Final Provisions

12.1 These Terms of Use, their subject matter and its formation, are governed by English law. However, if you are a consumer and resident of any other European Union country you will benefit from any mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms of Use affects your rights as a consumer to rely on these local law mandatory provisions and legal rights.

12.2 You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of any other European Union country, you may also bring proceedings in that country.

12.3 If any term, or part of a term, of these Terms of Use is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.