Terms and Conditions

Thank you for ordering products from Vorwerk Malaysia Enterprises Sdn Bhd. This document sets out the terms and conditions that apply to your purchase. Please ensure that you read these terms carefully and check that the details on the Order Form and/or Order Confirmation (as applicable) are complete and accurate. ln these terms and conditions, "We", "Us" and "Our" refer to Vorwerk Malaysia Enterprises Sdn Bhd, a company registered in Malaysia, whose company registration number is 202401029759 (1575607-V) and whose registered office is at Level 8 & 9, Menara UAC, No 12 Jalan PJU 7/5, Mutiara Damansara, 47800 Petaling Jaya, Selangor. Our company registration number is 202401029759 (1575607-V). "You" and "Your" refer to the customer whose details are set out on the corresponding Order Form or Order Confirmation.    

1. Definitions   

"Consumer" means that You are an individual acting for purposes that are wholly or mainly outside your trade, business or profession.   
"Commercial Purposes" means that You will use the Product(s) for purposes relating to your trade, business or profession.   
"Domestic Purposes" means that You will use the Product(s) for purposes that are wholly outside your trade, business or profession.   
"Order'' means Your order for the Products through the Online Platform accompanied by Your payment of the Price in full.   
"Order Form" means the form on the reverse of these terms and conditions.   
"Order Confirmation" means the document completed by Us in response to an Order placed by You and which shall restate the name and quantity of Product(s) specified by You, and the Price given by Us, within the Order Form or during the ordering process (as applicable).   
"Price" means the price of the Products specified by Us and valid at the time of Your Order.   
"Product" means the Product specified on the relevant Order Form or Order Confirmation.   
"Specification" means the specification of the Products that is set out on Our website at the time of Your Order provided to You by Order Confirmation, as amended from time to time in line with legislative and safety requirements.   
"Trader" means that You are acting for purposes relating to your trade, business or profession.   

2. Sale of products   

  • When You sign and submit an Order (including, if appropriate, online) to Us, this does not mean We have accepted your Order for Product(s). Our acceptance of the Order will take place and these terms will become binding on You and Us when We issue You with an Order Confirmation, at which point a contract will come into existence between You and Us. ln the unlikely event that We are unable to provide You with the Product(s), We will inform You of this in writing and We will not issue You with an Order Confirmation.   
  • If You have placed Your Order without completing Our Order Form through Online Platform, We will contact You in writing to confirm that We are able to provide the Product(s) requested and will provide you with a copy of these terms. These terms govern the supply of the Products. If you do not agree to the terms, please inform us immediately upon receiving a copy of these terms. We shall supply You with an Order Confirmation within three (3) working days of from the later of the date we (i) receive of Your Order; (ii) send you a copy of these terms. We agree to supply and, subject to Your right to change Your mind as set out in paragraph 4 below, You agree to purchase the Products set out in the applicable Order Form and Order Confirmation. We will take payment for the Price of the Products in full at the time You place Your Order via Debit/Credit Card payment or on the payment terms otherwise agreed and confirmed by us in the Order Confirmation.   

3. Delivery of products   

  • Delivery of the Products shall be made to Your address or such delivery address included in the Order Form or, where an Order Form is not used, as is notified by You at the time of placing Your Order. This address will be restated within the Order Confirmation. If the delivery is by courier with a signature required, You shall make all arrangements necessary to take delivery of the Products when they are tendered for delivery. Time and date of delivery shall not be of the essence of this Agreement (as defined in paragraph 8 herein) unless previously agreed by Us in writing. You will be contacted with an estimated delivery date, which shall be within ten (10) calendar days after the day on which we issue Your Order Confirmation. We will use reasonable endeavors to complete Our delivery to You, but occasionally Our delivery to You may be affected by an event outside of our control, in which case we will notify You as soon as reasonably possible and Our obligations under these terms will be suspended and the time for performance of Our obligations will be extended for the duration of the event. Where necessary, We will arrange a new delivery date with you after the event is over. Delivery of an Order shall be complete when We deliver the Product(s) to the address You gave Us and the Product(s) will be Your responsibility from that time, as further set out at clause 5 below.   
  • lf You fail to take delivery of the Products or fail to give Us adequate delivery instructions, (other than by reason of any cause beyond Your reasonable control or by reason of Our fault) and fail to collect or arrange for re-delivery within three (3) working days of the date of our last attempted delivery, then We may store the Products until actual delivery and charge You for the reasonable costs (including insurance) of storage. You will then have up to three (3) working days to let Us know if You still want the goods, and would like Us to attempt re-delivery (to the same or a different address). If You notify Us that You would like Us to re-deliver after the second attempt, We may have to charge You again for the delivery.   
  • If We miss the 10 calendar days delivery deadline for the Product(s), then You may cancel Your Order straight away if any of the following apply: 
     i.  We have refused to deliver the Product(s); 
    ii.  You can show that delivery within the delivery deadline was essential (taking into account the relevant circumstances); or  
    iii.  You told Us before We accepted Your Order that delivery within the delivery deadline was essential.   

If You do not wish to cancel Your Order straight away, or do not have the right to do so as set out immediately above, You can give Us a new deadline for delivery, which must be reasonable, and You can cancel Your Order if we do not meet the new deadline. If You do choose to cancel Your Order for late delivery under this clause 3, you can do so for just some of the Product(s) or all of them, unless splitting them up would significantly reduce their value. If the Product(s) have been delivered to You, You will have to return them to Us or allow Us to collect them, and We will pay the cost of this. After You cancel Your Order We will refund any sums You have paid to Us for the cancelled Product(s) and their delivery.   

4. Your right to change your mind/cancellation   

We hope that You will be happy with the Product(s) ordered. However, if for any reason You wish to return them, or to cancel Your Order prior to the Product(s) being dispatched, You must notify Us in writing by whichever is the later of:   
i. Within ten (10) business days after your receipt of the Order Confirmation (“Cooling-Off Period”) where you may cancel your Order using the Notice of Recission that is attached to these terms and conditions, or 
ii Within ten (10) calendar days of receiving the Product, or the last Product, where Your Order was for multiple Products after the expiry of the Cooling-Off Period. 

   
Any written statement must be communicated with us via email at malaysia@customercare.vorwerk.com.   

Upon receipt of Your written statement, we will confirm your cancellation in writing.   

  • Once Your cancellation has been confirmed by Us in writing, we will refund to You the Price paid. This includes any delivery charges (except for any supplementary costs arising if You choose a type of delivery other than the least expensive type of standard delivery offered by Us). We will make reimbursement without undue delay, and not later than:  
    i.  fourteen (14) calendar days after the day We receive back from You the Product(s) supplied; or   
    ii.  if there were no Product(s) ever dispatched, fourteen (14) calendar days after the day on which we are informed about Your decision to cancel this contract.    
  • Our right to change Our mind: We may have to cancel an Order before the Product(s) are delivered, due to an event outside our control or the unavailability of stock. If this happens, we will promptly contact You to let You know and, if You have made any payment in advance for the Product(s) that have not been delivered to You, We will refund these amounts to You.  
  • Consumer Information Notice 
    In compliance with the provisions of the Consumer Protection (Fair Trading) (Cancellation Of Contracts) Regulations 2009 (“Malaysia Consumer Protection Laws”), the Consumer Information Notice is provided at the Annex to these terms and conditions.   

5. Risk and property   

You are responsible for the care of the Products from the point at which they are delivered to You. However, property in the Products will not pass to You until We receive cleared funds in payment of the Price. Until this occurs, You are required to maintain the Products and all packaging in their original condition. ln the unlikely event that You become insolvent or file for bankruptcy or some similar act or event prior to Our receiving payment in full for the Products, You agree that We may enter upon Your premises to retrieve Our Products at any reasonable time after We become aware of such event.    

6. Warranties   

  • Thermomix TM6®: If You are a Consumer and are using the Product(s) for Domestic Purposes, We warrant that the Product(s) will conform to their Specification and will be free of material defects for a period of twenty-four (24) months from delivery.  
     
  • Thermomix TM6®: If You are a Trader and are using the Product(s) for Commercial Purposes, We warrant that the Product(s) will conform to their Specification and will be free of material defects for a period of twelve (12) months from the delivery.  
     
  • Thermomix TM6® consumables include Spatula, Mixing Bowl with lid, Mixing Knife, Measuring Cup, Varoma set (dish, lid & tray), Butterfly Wisk, Simmering Basket and Splash Guard. Except where You are buying the Products as a Consumer, in which case nothing in these terms and conditions shall reduce Your statutory rights, We hereby exclude all other warranties including those of satisfactory quality and fitness for any particular purpose that may otherwise be implied by law.   
  • Where You have been referred to our Customer Care Center and you wish to submit a claim for a potential defect in a Product, our Customer Care Center will advise as to whether the Product remains under warranty and will then either:  
    i.  Effect the necessary repairs under the terms of the warranty; or  
    ii.  Where the Product is out of warranty, will provide you with the terms and costs of repairing the Product.   

7. Limited liability   

Where You are buying the Products as a Consumer, nothing in these terms and conditions shall reduce Your statutory rights and We shall be responsible to You for any loss or damage You suffer that is a foreseeable result of Our breach of these terms or Our negligence (but We are not responsible for any loss or damage that is not foreseeable).   

ln all other cases, Our total liability in respect of the supply of any Products shall be for direct costs and damages only and shall not exceed 125% of the Price. To the fullest extent permissible by law, We shall not be liable for any loss of profits, loss of revenue, loss of reputation, loss of use, losses caused by any misrepresentation or any indirect or consequential losses arising from the purchase of the Products for commercial purposes, whether reasonably foreseeable or actually foreseen. Nothing in this agreement shall be taken to exclude liability for death or personal injury caused by Our negligence.   

For the purpose of this clause, loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time we entered into this contract.   

8. General   

These terms and conditions, together with the Order Form or Order Confirmation and the Specification, constitute the entire agreement between You and Us with regard to the supply and purchase of the Products ("the Agreement"). No other person shall have any rights to enforce any of its terms.   

Any terms and conditions on any purchase order or other document supplied by You in addition to or at variance with those set out in the Agreement shall be void and of no effect. Any notice due to be given under these terms and conditions shall be sent to Us at Our address as given above and to You at Your address as set out on the Order Confirmation. No waiver by Us of any term or condition herein shall constitute a waiver of that term or condition in any other case. ln case any term or condition herein is deemed by a competent court to be unenforceable in whole or in part, the remainder of the Agreement shall continue in force.   

9. Jurisdiction and dispute resolution 

This Agreement is subject to Malaysian law and the exclusive jurisdiction of Malaysian courts. Notwithstanding the foregoing, if any dispute arises in connection with this Agreement, You and We will attempt to settle it by mediation in accordance with the Asian International Arbitration Centre (“AIAC”) Mediation Rules. Unless otherwise agreed, the mediator will be nominated by AIAC.  

10. How we may use your personal information   

We will use the personal information you provide to Us to:  
i.  provide the Product(s);   
ii.  process Your payment for such Product(s).    

If You have any questions or complaints, please contact Us. You can contact Us by calling Our Customer Care Center at +60 154 6000 446 or by emailing us at malaysia@customercare.vorwerk.com 

11. Total satisfaction   

We are sure that You will have total satisfaction from Your purchase and experience with Vorwerk Malaysia Enterprises Sdn Bhd. If You are not totally satisfied please contact our Customer Care Team at Vorwerk Malaysia Enterprises Sdn Bhd, at Level 8 & 9, Menara UAC, No 12 Jalan PJU 7/5, Mutiara Damansara, 47800 Petaling Jaya, Selangor in writing, by email malaysia@customercare.vorwerk.com or call us on +60 154 6000 446. 

By law Your Product(s) must correspond with their description and any sample by reference to which they were ordered. They must also be of satisfactory quality and be reasonably fit for the purposes for which such goods are normally used or for which You informed the seller that you wanted them.   

ln addition to these legal rights and to your legal right of cancellation set out at paragraph 4, in accordance with Our aim of total customer satisfaction, We will acknowledge any complaint within 48 working hours and will seek to resolve it as soon as possible thereafter.   

You can do this online, by email at malaysia@customercare.vorwerk.com, or call us +60 154 6000 446. 

Repairs   

12. If you believe your Product has a Defect, you must take reasonable steps to limit damage to it (such as, stopping using it if it is likely to cause damage)   

13. Products will be repaired at our Repair Centre and, unless agreed otherwise, we will carry out any repairs within normal working hours (9am to 5pm, Monday to Friday and excluding public holidays).  

Replacements   

14. If we elect to supply a replacement Product, we will bear the costs of delivery of the replacement Product and the return of the defective Product. Unless agreed otherwise, the defective Product will become our property and we will dispose of it.   

15. If (for whatever reason) we cannot replace the defective Product with a new version of the same Product, we reserve the right to provide a replacement Product of the same or similar technical specification.   

 Our termination rights   

29. We may terminate this contract if you are in breach of any of the eligibility criteria set out in clause 7. In this case, we will refund all payments you have already made under the contract, except that you will pay us for any repair or replacement costs we have incurred in consideration for the services that you have received.   

30. In each case, we will confirm any such cancellation or termination in writing to the last address you gave us.   

Limitation of liability 

31. Subject to clause 32, if we fail to comply with these terms and conditions, we will be liable to you for any losses that you suffer as a result of our failure to comply and which are a foreseeable consequence of such failure up to an amount equal to the cost of replacing the applicable Product with a product of the same or similar technical specification. Loss is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.   

32. Nothing in this agreement excludes or limits our liability for:  
(a) death or personal injury caused by our negligence;  
(b) fraud or fraudulent misrepresentation;  
(c) under the Consumer Protection (Fair Trading) Act 20031999; or  
(d) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.   

Events outside our control   

37. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract that is caused by events outside our reasonable control (a “Force Majeure Event”).   

38. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:  
(a) strikes, lock-outs or other industrial action;  
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;  
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;  
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;  
(e) impossibility of the use of public or private telecommunications networks; and 
(f) the acts, decrees, legislation, regulations or restrictions of any government. 

39. Our performance under this contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under this contract may be performed despite the Force Majeure Event.   

Waiver  

40. If we do not insist immediately that you do anything you are required to do under this contract, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the service, we can still require you to make the payment at a later date. 

Severability   

41. If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms and conditions and those remaining provisions will continue to be valid to the fullest extent permitted by law.   

Changes to these terms and conditions 

42. We may vary these terms and conditions from time to time provided that such changes do not materially affect the nature and quality provided. We will notify any such changes to you as soon as is reasonably practicable. The new terms and conditions will take effect from the date specified in the notice. If you do not agree with the changes, you may cancel the service by notifying us within 30 days of the date on the notice and you will receive a pro rata refund of any payments that you have made for the unexpired months of the service period.  

Complaints   

43. In the unfortunate event that you are unhappy with the service that we have provided to you, please get in touch with our customer care team using the contact details provided at clause 2.   

Governing law and jurisdiction   

44. This contract its subject matter and its formation, are governed by Malaysia law.   

45. You and we both agree to that the courts of Malaysia will have non-exclusive jurisdiction.