Thermomix® Gift Cards

GIFT CARD TERMS AND CONDITIONS

Last Updated: 12/19/2023

 

Thermomix Gift Cards (“Gift Cards”) are issued by Vorwerk, LTD (referenced herein as “Vorwerk” or “we” or “our”). This Gift Card Agreement ("Agreement") is between you and Vorwerk and describes the terms and conditions that apply to all digital Gift Cards purchased, obtained, redeemed, or used through www.thermomix.ca. By purchasing, using, or accepting Gift Cards you accept these Gift Card Terms and Conditions, in addition to our Terms of Use (collectively, the “Terms”).

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO, AND PART OF THIS AGREEMENT.

 

Gift Card offers are subject to availability. Except as otherwise expressly prohibited or limited by applicable laws, we may at any time interpret, amend, modify, supplement, or terminate the Gift Card Terms. If notice of such action is required by law, it will be provided in accordance with such laws.

 

You are responsible for reading and understanding the Terms and our Privacy Policy. If you have any questions about these Terms or Gift Cards, you should contact Customer Service at service@thermomix.ca or 1-888-867-9375.

 

DELIVERY. Gift Cards will be sent to the provided recipient’s email address after the purchase is completed or to the later selected date (whichever occurs last). We will not be liable for any failure or delay in delivery of a Gift Card. If you order a Gift Card you are obligated to provide a correct email address for delivery. If the address you provided cannot be confirmed, we reserve the right to withhold the delivery of the Gift Cards.

 

REDEMPTION AND USE. Gift Cards may only be redeemed for goods in Canada at www.thermomix.ca and are not transferable to other countries. You may redeem up to 16 Gift Cards per transaction. Gift Cards are not redeemable at cookidoo.ca for the purchase of Cookidoo® subscriptions, or otherwise.

 

RETURNS. If you return merchandise purchased with a Gift Card, a refund will be issued directly back to the original Gift Card.  If you used a Gift Card together with another payment method, a refund to the Gift Card will be issued before refund to other payment methods.

 

FEES AND EXPIRATION. We do not charge any fees in connection with Gift Cards. Gift Cards have no expiration date.

 

RISK OF LOSS. Title and risk of loss for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or the designated recipient, whichever is applicable. Gift Cards must be obtained from Vorwerk. You are responsible for safeguarding your Gift Card from unauthorized use. We will not be responsible if any Gift Card is lost, stolen, damaged, destroyed, or used without your permission. We are not responsible for, and assume no liability to you for any unlawful conduct or fraud by any third party associated with any Gift Card.

 

ADDITIONAL LIMITATIONS. Gift Cards cannot be returned; resold; canceled; used to purchase other Gift Cards; used for unauthorized advertising, marketing, sweepstakes, promotional, or commercial purposes; redeemed for more than face value; transferred for value; or redeemed for cash or returned for a cash refund (except to the extent required by law). Gift Cards can only be sold in an amount over $50 to a maximum of $2000. Gift Cards are not combinable or reloadable. Gift Cards may only be purchased by residents of Canada. Gift Cards may only be redeemed in Canada and are not transferable to other countries. Void where prohibited or restricted by law.

 

VIOLATION OF THESE TERMS. If you violate the Terms, if we suspect or believe that a Gift Card was obtained, used, or applied to a purchase fraudulently, unlawfully, or otherwise in violation of the Terms, or if you use any Gift Card in a manner that we suspect or believe is fraudulent, misleading, deceptive, unfair, or otherwise harmful to Vorwerk, our affiliates, or our customers, we reserve the right, without notice to you, to cancel, hold, void, or refuse to accept such Gift Cards without a refund, suspend or terminate accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment.

 

LIMITATION OF LIABILITY. GIFT CARDS ARE PROVIDED ON AN 'AS IS' BASIS. WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES CONTAINED IN OUR TERMS OF USE AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT A GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR VENDORS SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE GIFT CARDS OR USE OF SUCH GIFT CARDS. IN THE EVENT THAT WE ARE FOUND LIABLE TO YOU AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD.

 

PRIVACY. Any personal information that you provide in connection with the purchase or redemption of Gift Cards, including any recipient information, will be governed by our Privacy Policy.

 

 

CUSTOMER SERVICE. For balance inquiries and for any other questions please email service@thermomix.ca

 

DISPUTES. Any dispute or claim relating in any way to Gift Cards will be resolved in accordance with our Terms.

 

THESE TERMS ARE SUBJECT TO MANDATORY ARBITRATION AND A CLASS ACTION WAIVER DESCRIBED IN THE SECTION TITLED “DISPUTE RESOLUTION AND BINDING ARBITRATION” OF OUR TERMS OF USE. THIS REQUIRES YOU TO SUBMIT CLAIMS TO BINDING INDIVIDUAL ARBITRATION UNLESS YOU OPT OUT AS DESCRIBED IN THIS SECTION. PLEASE CAREFULLY READ OUR TERMS OF USE.