In these GTC, the following capitalised terms have the meanings set out below: 

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

“GTC or General Terms and Conditions”: these general terms and conditions of VORWERK BENELUX. 

“EU Data Act”: 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. 

“Intellectual Rights”: all intellectual property rights, including but not limited to copyrights, patents, trademarks, design and database rights, rights in confidential information or trade secrets, domain name rights and all other intellectual property rights (registered or not, currently existing or yet to be developed) worldwide, including rights in applications and pending registrations and the right to damages in case of infringement. 

“Product”: any product sold by VORWERK BENELUX to the Customer, including but not limited to a Thermomix or Kobold. 

“Service”: any service provided by VORWERK BENELUX or its auxiliaries to the Customer, including but not limited to repair services. 

“Demo”: shall mean a free-of-charge demonstration of a maximum of two (2) hours to be carried out on the Customer’s premises (in Belgium, the Netherlands or Luxembourg) by Vorwerk Benelux, or its appointee, for the purpose of explaining the operation and functionalities of the Product purchased by the Customer. The right to one Demo per Product purchased, as an additional optional service, arises by operation of law as a result of the purchase of a Product but does not form part thereof and may be refused by the Customer. 

“VI”: Vorwerk International & Co. KmG, established at Verenastrasse 39, 8832 Wollerau, Switzerland. 

Orders can be placed, among other ways, via the Webshop using an online order form and within the limits of available stock. If, after ordering, the Product or Service is not available for delivery, VORWERK BENELUX will inform the Customer within a reasonable period. Additional product information is available from the VORWERK BENELUX customer service department. 

Any sale or other agreement is only concluded after explicit acceptance of the offer by VORWERK BENELUX. 

VORWERK BENELUX reserves the right not to execute or to cancel orders for Products or Services, with repayment of any advance payment made, if the order appears invalid or fraudulent, for example but not limited to orders by minors, orders by insolvent customers, customers without a known address or customers who provide incorrect information. 

VORWERK BENELUX may suspend or refuse its obligations or orders in the event that a Customer has not paid for an order of a Product or Service or if a dispute exists with that Customer. 

By placing an order, the Customer fully accepts the GTC. The agreement and the conditions remain in force until all obligations have been fulfilled. 

By placing an order, the Customer expressly waives his/her own general terms and conditions and acknowledges the applicability of these GTC. The Customer’s general terms and conditions cannot be tacitly accepted by VORWERK BENELUX. This provision can only be deviated from by means of a signed written agreement. 

The Product is invoiced at the price applicable at the time the order is registered. The prices are in euros and include VAT at the rate applicable at that time in the Customer’s country of residence. Shipping and transport costs are payable by the Customer and are stated separately. Before placing an order, the total price, including all costs and taxes, is shown to the Customer in the Webshop’s order summary. Except in the case of purchases and orders via the Webshop which must be paid immediately, differing agreements, or a different due date stated on the invoice, all payments owed to VORWERK BENELUX must be made within 30 days from the dispatch of the invoice or request for payment to the Customer. 

Purchases or orders via the Webshop can be paid, among other methods, using one of the following offered payment methods: debit card, credit card and other offered financing options. 

In offering consumer credit, VORWERK BENELUX acts as a credit intermediary (ancillary agent within the meaning of article I.9, 81° WER) and is registered as an ancillary agent type 2 in the register of credit intermediaries with the FSMA. The authority of VORWERK BENELUX is always limited to offering consumer credit (instalment sale) for the financing of Products sold by VORWERK via, among others, the lender Alpha Credit NV (Cetelem is a trade name of Alpha Credit NV). VORWERK BENELUX is not authorised to grant consumer credit itself, and each credit application is always subject to approval by the lender after assessing the Customer’s creditworthiness. VORWERK BENELUX cannot be held liable for a refusal of consumer credit by the lender. Please note, borrowing money also costs money. 

If the Customer is a consumer within the meaning of article I.1, 2° of the Code of Economic Law and fails to pay the invoice on the due date, VORWERK BENELUX may (i) claim interest under sales law equal to the reference interest rate increased by eight percentage points as referred to in article 5, second paragraph, of the Act of 2 August 2002 to combat late payment in commercial transactions, calculated on the outstanding amount, and (ii) claim a fixed compensation for damages of: a) €20 if the outstanding balance ≤ €150; or b) €30 increased by 10% of the amount owed on the tranche between €150.01 and €500 if the outstanding balance is between €150.01 and €500; or c) €65 increased by 5% of the amount owed on the tranche above €500 with a maximum of €2,000 if the outstanding balance > €500. 

VORWERK BENELUX can recover this interest and fixed compensation for damages from a consumer only after a period of fourteen days following the sending of the first written reminder as referred to in Article XIX.2 §1 of the Code of Economic Law, commencing on the third business day after sending the letter or on the calendar day following the sending of the electronic reminder. 

If the Customer is not a consumer within the meaning of Article I.1, 2° of the Code of Economic Law and payment is not made by the due date of the invoice, default interest shall be owed by operation of law and without formal notice, 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 an invoice relating to commercial transactions (B2B) on the due date also automatically and without formal notice gives rise to lump-sum compensation for damages of ten percent (10%) on the outstanding balance, with a minimum of €125 per outstanding invoice, without prejudice to the right of VORWERK BENELUX to claim demonstrably higher damages. 

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

VORWERK BENELUX aims to deliver the Product within 60 days after full receipt of payment, unless a different delivery date has been agreed in writing. 

If VORWERK BENELUX is unable to deliver within the stated period, it will inform the Customer in writing and agree on a new reasonable delivery date. Exceeding that new period entitles the Customer to cancel the order. 

Upon delivery, the Customer must check the packaging for damage. If the Product is damaged, the Customer may refuse the delivery and must inform VORWERK BENELUX immediately. 

Delivery periods and repair periods are indicative and not binding, unless expressly stated otherwise. Risk passes to the Customer at the moment the Customer, or a third party designated by the Customer, physically takes possession of the Product. 

To enable VORWERK BENELUX to further monitor the shipment and delivery with its delivery services, the Customer is requested to report any suspected non-delivery based on the indicative delivery date or the tracking information of the delivery service as soon as possible and within fourteen (14) days after that indicative delivery date to VORWERK BENELUX by e-mail at: benelux@customercare.vorwerk.com. The foregoing is without prejudice to the statutory rights of the Customer. 

The Products sold remain the property of VORWERK BENELUX until the price and all other amounts owed by the Customer have been paid in full. The Customer is liable for any damage to or depreciation of the Product compared with its new condition as a result of use, damage to the packaging, etc. 

In the event of seizure, confiscation or other measures by third parties with regard to the Product, the Customer shall fully indemnify VORWERK BENELUX against all claims and costs arising therefrom. In such case, the Customer must inform the third party that the Product is the property of VORWERK BENELUX. If the price has not been paid in full within the agreed period, VORWERK BENELUX may, at its own discretion, demand the return of the Product by refunding any amounts already paid or by blocking the functionalities of the device. 

The Products offered by Vorwerk Benelux are technically developed and intended solely for normal household use. Products from Vorwerk Benelux are not intended for use in restaurants, industrial or professional kitchens, hotels, catering activities, canteens, cafés, or any other gastronomic or hospitality environment.

Following the purchase of one of the Products listed below, the Customer is entitled to a Demo. 

The right to a Demo applies only to the purchase of one of the Products listed below, to the exclusion of any Product not mentioned: 

  - Thermomix type TM7 

Vorwerk Benelux is entitled, at its own discretion and, among other things, depending on the availability of the Customer and the persons performing the Demo, to determine when the Demo will be carried out. Following the purchase of the relevant Product, Vorwerk Benelux will contact the Customer in order to exercise this right and will make use of the personal data made available by the Customer in connection with the purchase of the Product. 

The Customer has the right at all times to refuse the Demo. If, following a purchase, the Customer does not wish to receive a Demo or if the Customer wishes to change Advisor from VORWERK BENELUX, the customer must contact the customer service of VORWERK BENELUX at the following email address: benelux@customercare.vorwerk.com 

A Demo will only be carried out after the date and location have been expressly confirmed by the Customer. If the Customer does not respond to the proposal to carry out the Demo within a period of thirty (30) calendar days after the first contact attempt by Vorwerk Benelux or its auxiliary person (Advisor), the offer to carry out the relevant Demo shall automatically and entirely lapse, without giving rise to any right to compensation or price reduction. 

A scheduled Demo may be cancelled at any time, free of charge and without stating reasons, by both the Customer and Vorwerk Benelux. In the event of cancellation or non-performance of a Demo, neither the Customer nor Vorwerk Benelux shall be liable for any reimbursement, damages or termination fee. 

The performance, cancellation or non-performance of a Demo shall in no event affect the validity or performance of a sales agreement between Vorwerk Benelux and the Customer, nor shall it constitute grounds for dissolution or amendment of that sales agreement. 

Vorwerk Benelux is not liable for any direct or indirect contractual damage arising from the conclusion, performance or termination of a Demo. Any non-contractual liability of VORWERK BENELUX, or of its auxiliary persons or employees, related to the conclusion, performance or termination of a Demo or contract with the Customer is expressly excluded (by way of derogation from Article 6.3 §2 of the Civil Code), except in cases of claims for compensation for physical injuries or moral damage or for damage caused by an intentional act with the purpose of causing damage. 

Complaints regarding the Product or a Service must be submitted in writing by registered letter or by e-mail to: benelux@customercare.vorwerk.com and the existence of a defect must be proven by the Customer. VORWERK BENELUX is not liable for defects if the defect did not exist at the time of delivery or if the Customer was aware of the defect at the time of purchase. 

In any case, the Customer is obliged to submit a complaint or notification of a non-conformity or defect to VORWERK BENELUX within a period of 2 months after becoming aware of a non-conforming delivery. In the absence of a timely complaint or notification after the Customer’s awareness, the Customer loses the right to invoke a non-conforming delivery for possible repair or compensation, without prejudice to any mandatory provisions to the contrary arising from the statutory product warranty for consumers. Any claim based on a lack of conformity becomes time-barred two years from the date of the complaint or notification to VORWERK BENELUX. 

If the dispute cannot be resolved amicably, the Customer may file a complaint with the Consumer Mediation Service (Ombudsdienst voor Consumentenzaken), Koning Albert II-laan 8, box 1, 1000 Brussels. 

If the Customer is a consumer within the meaning of Article I.1, 2° of the Code of Economic Law, the following warranty conditions apply: 

The Customer (consumer) is entitled to a statutory warranty of two (2) years from the date of delivery for Products sold by VORWERK BENELUX for non-professional purposes. This warranty lapses and does not apply in the following cases: 

• in the event of incorrect use, normal wear and tear, or lack of maintenance in accordance with the maintenance instructions and/or negligence in terms of hygiene; 
• in the event of damage resulting from cleaning the Product in a dishwasher (incorrect use) or damage caused by leakage or spilling of liquids due to incorrect use or positioning; 
• in the event of use of accessories or parts other than those supplied by Vorwerk or use of non-original Vorwerk parts; 
• in the event of intervention in or modification of the appliance or Product by an unauthorised third party or by the Customer; 
• in the event of failure to comply with the instructions for use or damage to the product resulting from impact caused by dropping or bumping by the Customer or during transport by the Customer. 
• in the event of connection to a non-compliant electrical installation; 
• in the event of force majeure, such as natural disaster, lightning strike, flooding, fire, or an accidental event or external cause; 
• in the event of a defective or absent WiFi or Bluetooth connection at the Customer’s premises. 

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

The foregoing statutory product warranty applies without prejudice to an optional and additional extension of the warranty and repair service (e.g. Repair Package) that is expressly agreed between the Customer (consumer) and VORWERK BENELUX. 

In the event of a complaint by the Customer concerning a defect, VORWERK BENELUX will examine whether the defect is covered by a warranty. In the case of a defect in a Product to which a warranty applies, the Customer may have the Product returned and repaired free of charge by VORWERK BENELUX, subject to presentation of valid proof of purchase of the defective Product. 

In the event of a defect that is covered by the warranty, the Customer is only entitled to repair of the Product if repair proves possible. If repair proves impossible, the Customer is entitled to replacement of the Product and will not be able to claim a refund or discount. If repair and replacement prove impossible, it is possible to apply an appropriate price reduction or to terminate the purchase agreement with a refund, provided the product is returned. 

If a defect or repair is not covered by the warranty, or if valid proof of purchase of the Product is lacking, the costs of returning the Product are to be borne by the Customer. 

The statutory warranty period is suspended for the duration of the time the Product is with VORWERK BENELUX in the context of a repair or replacement procedure. Any repair of a defective Product does not result in the start of a new statutory warranty period. The statutory warranty period continues to run uninterrupted from the moment the relevant repair is completed. 

In the event of non-compliance with the safety rules as set out in the user manual, VORWERK BENELUX is not liable for damage to the Customer or third parties, whether or not to animals or property. Any accident must be reported to VORWERK BENELUX immediately, which may request the device for expert examination. The condition of the device may not be altered after an accident. 

For more information about the warranty, damage or returns, you can contact customer service at: benelux@customercare.vorwerk.com 

If the Customer is a consumer within the meaning of Article I.1, 2° of the Code of Economic Law, the Customer (when this is offered by VORWERK BENELUX) has the possibility, against payment, to order additional repair packages after a defect in a Product, including via the Webshop, as an additional service offering by VORWERK BENELUX (hereinafter collectively: “repair packages”). 

The provisions of this article concerning the repair packages apply without prejudice to the statutory warranty period of two (2) years for consumers pursuant to Article 1649quater §1 of the former Civil Code. 

The aforementioned repair packages do not apply if the Customer purchases a Product for professional purposes (B2B). The aforementioned repair packages are only offered to consumers within the meaning of Article I.1, 2° of the Code of Economic Law and may only be ordered by consumers for a specific Product, whereby the duration and description of these repair services per Product are stated on the Webshop. 

The duration of repair packages is not suspended or extended during the period in which the Product is with VORWERK BENELUX in the context of a repair or replacement procedure, by way of derogation from the suspension of the statutory warranty period for consumers during repairs as described in Article 9. Any possible repair of a defective Product does not result in the commencement of a new warranty period. 

The Customer acknowledges that VORWERK BENELUX is in no way bound, nor obliged to any repair or replacement on the basis of concluded or paid repair packages, if the Customer buys or has bought the Product for professional purposes (B2B). 

Specific repair packages: 

The conditions of the specific included services, costs, and the validity period of the repair packages for customers (consumers) called “Package 1: Simplicity”, “Package 2: Serenity” and “Package 3: Serenity +” are described below. 

The repair packages “Package 1: Simplicity”, “Package 2: Serenity” and “Package 3: Serenity +” apply only to the following specific products: 

• Thermomix type TM7 
• Thermomix type TM6 
• Thermomix type TM5 
• Kobold type VK7 

Each repair package ordered by the Customer (consumer) after a defect in a product is, during its specified term, strictly applicable to one product at a time (based on the specific serial number of that product). 

During the contractually specified term of the specific repair packages mentioned below, VORWERK BENELUX undertakes, at the consumer’s request, to remedy or repair the already existing defects (whether or not due to wear and tear) of the product in accordance with the conditions set out below. 

After the initial repair and (where applicable, testing), VORWERK BENELUX guarantees the proper functioning of the device during the remaining term of the relevant repair package. If the product again shows a technical defect during the term of the repair package under normal (household) use, VORWERK BENELUX will remedy this without additional charges for spare parts or labor. This additional service covers exclusively technical defects after repair, and material and manufacturing defects. Damage caused by external factors (such as damage from dropping, water damage, damage caused by cleaning the Product in a dishwasher, damage caused by exposure to an external heat source, fire, lightning strike) or improper use or negligence by the Customer is not covered by the service during the term of the repair package. In such case, VORWERK BENELUX will, prior to any performance of repairs, provide the Customer with a written quotation for the repair services not covered by the repair package. 

The commencement and specified duration of the repair packages take effect by operation of law from the date of receipt of full payment of the price of the repair package by the Customer. 

The specific content, included costs and term for “Package 1: Simplicity”, “Package 2: Serenity” and “Package 3: Serenity +” are as follows: 

Pakket 1: Simplicity 

Services and costs included for the repair of defects: Costs of transport and return shipments (collection and shipping costs), Labor costs for the repair, Repair costs for one (1) malfunction or defect with the necessary parts to ensure safe operation. 

Duration: 6 months 

Pakket 2: Serenity 

Services and costs included for the repair of defects: Costs of transport and return shipments (collection and shipping costs), Labor costs for the repair, Replacement and repair costs for all defects, including defects in spare parts (including blades and lids), Full cleaning, Testing of all essential functions. 

Duration: 12 months 

Pakket 3: Serenity + 

Services and costs included for the repair of defects: Costs of transport and return shipments (collection and shipping costs), Labor costs for the repair, Replacement and repair costs for all defects, including defects in spare parts (including blades and lids), Full cleaning, Testing of all essential functions. 

Duration: 24 months 

Any full cleaning applies only as an obligation of means and will be carried out within the limits of the state of hygiene in which the appliance was received by VORWERK BENELUX. VORWERK BENELUX reserves the right to refuse or limit (cleaning) work if the state of hygiene of the product received by VORWERK BENELUX does not allow safe or normal execution of the cleaning work. 

If the Customer purchases a Product for professional purposes (B2B), the following warranty conditions apply: 

The Customer (professional use) is entitled to a warranty of six (6) months after purchase for manufacturing and material defects of a Thermomix device and Thermomix accessories. 

The Customer (professional use) is entitled to a warranty of two (2) years after purchase for manufacturing and material defects of a Kobold device and Kobold accessories. 

This warranty lapses and does not apply in the following cases: 

• in the event of misuse, normal wear and tear, or lack of maintenance in accordance with the maintenance instructions and/or negligence with respect to hygiene; 
• in the event of damage caused by cleaning the Product in a dishwasher (misuse) or damage caused by leakage or spilling of liquids due to incorrect use or placement; 
• in the event of the use of accessories or parts other than those supplied by Vorwerk, or the use of non-original Vorwerk parts; 
• in the event of intervention in or modification of the appliance or Product by an unauthorized third party or by the Customer; 
• in the event of failure to follow the user instructions or damage to the product resulting from impact due to dropping or knocks by the Customer, or damage during transport by a third party or the Customer; 
• in the event of connection to a non-compliant electrical installation or non-compliant power grid; 
• in the event of force majeure, such as a natural disaster, lightning strike, flooding, fire, or an accidental event or damage caused by an external source; 
• in case of defective or absent WiFi or Bluetooth connection at the Customer’s premises. 

In the event of a complaint by the Customer regarding a defect, VORWERK BENELUX will investigate whether the defect is covered by a warranty. 

In the event of a defect in a Product to which the warranty applies, a Customer established in Belgium, the Netherlands, or Luxembourg can have the Product repaired free of charge by VORWERK BENELUX, upon presentation of proof of purchase of the defective Product. If the Customer sends the Product from a country outside Belgium, the Netherlands, or the Grand Duchy of Luxembourg, the shipping or transport costs are borne by the Customer. 

In the event of a defect covered by the warranty, the Customer is entitled to have the Product repaired. If repair proves impossible, the Customer is entitled to replacement of the Product. 

The warranty period is not suspended during the time the Product is with VORWERK BENELUX as part of a repair or replacement procedure. Any repair of a defective Product does not result in the start of a new warranty period. 

In case of non-compliance with the safety rules as set out in the user manual, VORWERK BENELUX is not liable for damage to the Customer or third parties, whether or not to animals or property. Any accident must be reported immediately to VORWERK BENELUX, which may request the device for expert examination. The condition of the device may not be altered after an accident. 

For more information about the warranty, damage, or returns, you can contact customer service at: benelux@customercare.vorwerk.com 

In the event of a defect in a Product that was purchased for professional purposes (B2B) and to which the product warranty for professional customers does not apply, or where the warranty period has expired, the following repair procedure applies to professional Customers: 

The Customer is required, prior to any repair or diagnosis by VORWERK BENELUX, to pay the diagnostic costs and the shipping and return costs. After receipt of the aforementioned payment, VORWERK BENELUX will send an empty package with the accompanying shipping label to the Customer, in order to enable the defective Product to be sent to the repair service. VORWERK BENELUX cannot be held liable for any damage or additional material damage resulting from the shipment or transport of the defective Product to the repair service. 

The repair service will carry out a diagnosis of the defect within a reasonable period, after which VORWERK BENELUX will provide the Customer with a written repair quote if repair is possible. The repair quote will automatically and entirely lapse after thirty (30) days from the date of its dispatch, in the absence of payment or response from the Customer within the aforementioned period. The diagnostic costs and shipping and return costs already paid will only be deducted from the quoted repair price in the event of full acceptance of the repair quote by the Customer. In the absence of timely payment or acceptance of the repair quote, or if a repair reasonably proves to be impossible, the diagnostic costs and shipping and return costs will definitively be borne by the Customer. 

After full payment of the price as stated in the quote, VORWERK BENELUX will carry out the necessary repairs within a reasonable period and return the repaired Product to the Professional Customer. The repair carried out does not give rise to a new warranty period on the Product, nor does it extend an original warranty period. 

If the Customer does not pay or refuses the quotation, the Product will be returned unrepaired to the Professional Customer. If the Professional Customer states in writing that they no longer wish to keep the Product, VORWERK BENELUX will proceed with the recycling and destruction of the Product. Any diagnosis and shipping costs already paid will in no event be refunded. 

If the Customer is a consumer within the meaning of article I.1, 2° of the Code of Economic Law, a right of withdrawal of 14 calendar days from receipt of the Product applies. 

The right of withdrawal and the provisions of this article do not apply if the Customer (business) purchases a Product for professional purposes (B2B). 

The Customer has a right of withdrawal of 14 calendar days from receipt of the Product, via all sales channels of VORWERK BENELUX, including sales during demos or in VORWERK BENELUX stores. The Customer has a right of withdrawal of 14 calendar days from the day after the date of ordering repair packages, as long as the repair has not yet been carried out. For purely digital content (including the Cookidoo application), the right of withdrawal is excluded. 

To exercise the right of withdrawal, the Customer may fill in the attached withdrawal form or send an unambiguous statement, stating the order number, proof of purchase and the decision to withdraw, by email to benelux@customercare.vorwerk.com. 

The Product must always be returned in its original condition and original packaging; the packaging may be opened in order to determine the nature, characteristics and functioning of the Product. 

The Product must be returned with a return label provided by VORWERK BENELUX and in accordance with the instructions of VORWERK BENELUX. Where applicable, the Customer must return the Product without undue delay, including after receipt of the return label, and in any event must return the Product no later than 14 calendar days after the withdrawal. VORWERK BENELUX bears the direct delivery costs of the return shipment if the Product is returned from Belgium, the Netherlands or the Grand Duchy of Luxembourg. If the Customer sends the Product from a country outside Belgium, the Netherlands or the Grand Duchy of Luxembourg, the shipping or transport costs shall be borne by the Customer. 

Refund of amounts already paid by the Customer will be made via the same payment method and without undue delay, at the latest within 14 calendar days after receipt of the returned goods and provided that the return conditions have been fulfilled. 

If the Customer has financed the purchase in whole or in part via a credit provider (for example Alma), the refund, after receipt of the returned goods in the event of a valid withdrawal by the Customer, will be made directly to this credit provider in accordance with the provisions of this article. The Customer expressly acknowledges that the aforementioned refund to the credit provider constitutes a discharge of VORWERK BENELUX’s payment obligations. The Customer alone is responsible for promptly informing the credit provider of the exercise of the right of withdrawal, as well as for any termination or further handling of obligations between the Customer and the credit provider following the withdrawal. 

If the Customer can demonstrate that the Product was already defective or damaged upon delivery, the return will be accepted without any reduction in value. 

If the Product was returned incomplete, the Product was damaged by the Customer, or the Product was returned in a used/soiled condition, VORWERK BENELUX may charge a depreciation amount against the refund. 

Return address: 

FIEGE 

Brabantstraat 4 

2870 Puurs 

België 

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

The Customer’s personal data are collected and processed by VORWERK BENELUX, which acts as data controller. 

VORWERK BENELUX refers to its privacy statement, which can be consulted on its website via the link: 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=NL, which also specifies the data processed, the legal bases and purposes of the processing, and the rights and obligations relating to the processing of personal data. By placing an order, the Customer confirms that they have taken note of the privacy statement. 

Unless expressly and specifically provided otherwise in a written and signed agreement between VORWERK BENELUX and the Customer, all Intellectual Rights of VORWERK BENELUX shallat all timesremainthe full property of VORWERK BENELUX.

On the basis ofapplicable legislation, Vorwerkis required toprovide the Customer with relevant information on connected Vorwerk products and related services prior to the conclusion of a contract. At 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 product- and service-specific information that applies to these GTC.

If the Customer, as a user, obtains data pursuant to a request as referred to in Article 4(1) of the EU Data Act, the Customer agrees not to use this data to develop a connected product that competes with the connected product or Product from which the data originate, nor to share this data with third parties for that purpose. The Customer shall not use the data to exert coercive pressure or to exploit gaps in the technical infrastructure of the data holder or VI that are designed to protect the data, nor to derive insights into the economic situation, assets, or production methods of the manufacturer or VI. Any breach of these obligations by the Customerconstitutesa serious and material breach of contract, which entitles VORWERK BENELUX to claim full compensation for the damage suffered.

During the use of the Product by the Customer (user), various data relating to the Product or its environment will be obtained, collected, generated or otherwise processed by the Product (“Product Data”), being data generated by the use of the Product that are designed to be retrievable, including metadata. When the Product is connected to a digital service that is offered or operated by VORWERK BENELUX (“Related Service”), the Related Service may obtain, collect, generate or otherwise process data that reflect the digitisation of user actions or events in relation 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 agreed separately with the Customer. 

A. Data Holder 

VORWERK BENELUX and the Customer agree that in the 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 relating to the Product and for all data relating to Vorwerk Related Services that are linked to the Product (“Data Holder”). 

VI is subject to all rights and obligations arising from its role as Data Holder. VORWERK BENELUX and the Customer agree that no other legal entity within the Vorwerk group shall be regarded as Data Holder under these GTC or any other agreement 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 these GTC. VORWERK BENELUX is expressly authorised to bind VI to the terms relating to access to and use of the data as set out herein. 

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

VORWERK BENELUX and the Customer agree that the Data Holder acquires the right to use non-personal Product Data for the following purposes, insofar as permitted by applicable law: 

• performance of an agreement with the Customer or activities related thereto; 
• monitoring and maintenance of the functionality, safety and security of the Product or the Related Service, including incident preparedness and response, troubleshooting, support, warranty and similar activities, and associated data analysis; 
• assessment, defence and/or enforcement of claims of the Customer, the Data Holder or third parties in relation to the Product or the Related Service; 
• analysis and measurement of the effectiveness and use of Vorwerk products and Related Services, including statistical analyses to ensure operation, safety and quality; 
• improvement of the operation of products and services of VORWERK BENELUX and/or the Data Holder, including quality control, predictive maintenance and support or warranty services; 
• development of new functionalities, tools or services by VORWERK BENELUX and/or the Data Holder or by third parties on their behalf; 
• development of new products or services, whether or not in cooperation or through special entities; 
• billing and account management; 
• compliance with applicable laws and the protection and enforcement of the rights of Vorwerk; 
• aggregation of Product and Service data with other data or creation of derived data for any lawful purpose; and 
• subject to the User’s prior consent, training of proprietary and third-party AI models and machine learning functions 

(“Data License”) 

The Data Holder will not use Product Data to gain insights into the economic situation or assets of the Customer or in a manner that is detrimental to the legitimate interests of the Customer. 

C. Derived Data License and use by third parties 

The Data Holder is entitled to grant other legal entities within the Vorwerk group a right to use non-personal Product Data for the purposes defined in this section (“Derived Data License”). The Data Holder may engage third parties, suppliers, or cooperation partners to use Product Data for the purposes specified in the Data License, provided that these third parties are contractually bound not to share non-personal Product Data further. 

Notwithstanding the above, the Data Holder and, where permitted, third parties may make use of data processing services, such as cloud or hosting services, to process Product Data at their own cost and responsibility. 

D. Use and transfer of personal Product Data 

The Data Holder may only use, share with third parties, or otherwise process personal Product Data if there is a legal basis for doing so and under the conditions permitted pursuant to 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 other applicable privacy legislation. 

E. Technical and organizational measures 

The Data Holder will apply technical and organizational measures to ensure a level of protection appropriate to the risk of processing Product Data with regard to confidentiality, integrity and availability, as well as sufficient resilience and security of the data processing systems, taking into account the state of the art, potential harm to the User and the cost of protective measures. 

The technical and organizational measures are subject to technical progress and development. In that context, the Data Holder and VORWERK BENELUX may implement adequate alternative measures, provided that the level of protection is not undermined. 

During use of the Product, the Related Service and the Product functionality may collect or process data as described above. An equivalent arrangement regarding Data Holder, Data License, Derived Data License, processing of personal data, and technical and organizational measures as described in the preceding sections applies to the Related Service. Specific conditions regarding Related Service Data may be additionally agreed. 

A. Data Holder 

VORWERK BENELUX and the Customer agree that, in the 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 relating to the Product and for all data relating to Vorwerk Related Services that are connected to the Product. 

VI is subject to all rights and obligations arising from its role as Data Holder. 

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

VORWERK BENELUX represents and warrants that it is fully authorized to act on behalf of VI in connection with the GTC. VORWERK BENELUX is validly authorized to bind VI to the terms relating to access to and use of the data as set out herein. 

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

VORWERK BENELUX and the Customer agree that the Data Holder obtains the right to use the Related Service Data that are 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 an agreement; 
• Monitoring and maintaining the functionality, safety, and security of the Product or the Related Service, including incident preparedness and incident response, troubleshooting, support, warranty or similar activities and related data analyses, including detecting and investigating incidents and causes; 
• Assessing, defending, and/or enforcing claims of the Customer, the Data Holder, or third parties with regard to the Product or the Related Service; 
• Analyses and measurement of the effectiveness and use of Vorwerk products and Related Services, including statistical analyses, in particular for monitoring and maintaining the operation, safety and security of a Product or Related Service and for quality assurance; 
• Improving the operation of any Product or Service offered by VORWERK BENELUX and/or the Data Holder, including quality control, predictive maintenance, and the provision of support or warranty services; 
• Developing new functionalities, features 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, independently, in cooperation, or via special entities such as joint ventures; 
• Billing and account management; 
• Compliance with applicable law and protection and enforcement of Vorwerk’s rights; 
• Aggregation of Product and Service Data with other data or creation of derived data for any lawful purpose; and 
• Subject to the User’s prior consent, training of AI models, AI systems and machine learning functions of both first and third parties 

(“Data License”) 

The Data Holder does not use the Related Service Data to obtain insights into the Customer’s economic situation or assets, or in any other way that is 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 authorized to grant other legal entities within the Vorwerk group a right to use non-personal Related Service Data for the purposes defined in this section (“Derived Data License”). 

The Data Holder may engage third parties, suppliers or cooperation partners to use Related Service Data for the purposes specified in the Data License, provided that the Data Holder contractually obliges these third parties not to further share the non-personal Related Service Data they receive. 

Without prejudice to the above, the Data Holder and, where permitted, third parties may make use of data processing services, such as cloud computing, hosting services or similar services, in order to process the Related Service Data for their own account and under their own responsibility. 

D. Use and transfer of personal Related Service Data 

The Data Holder may only use, share with third parties, or otherwise process personal Related Service Data if there is a legal basis for doing so and under the conditions permitted pursuant to Regulation (EU) 2016/679 (“GDPR”) and, where relevant, Directive 2002/58/EC (“ePrivacy Directive”) or other applicable privacy legislation. 

E. Technical and organisational measures 

The Data Holder shall apply technical and organisational measures to ensure a level of protection appropriate to the risk of processing Product and Related Service Data with regard to confidentiality, integrity and availability, as well as sufficient resilience and security of the data processing systems, considered reasonable in the circumstances, taking into account the state of scientific and technological knowledge, possible damage to the User and the cost of the protective measures. 

The technical and organisational measures are subject to technical progress and further development. In this regard, the Data Holder and VORWERK BENELUX are authorised to implement alternative adequate measures, provided that the level of security of the specified measures is not undermined.

If any provision of the order and/or the GTC is wholly or partiallynull and void, this shall not affect the validity of the remaining provisions. The parties shall in good faith replace the invalid provision with an equivalent provision that best corresponds to the intentions of the order and/or the GTC.In the event offull or partial nullity, the court may reduce and limit the nullity to the unreasonable part.

VORWERK BENELUX is not liable, except in the event of fraud, gross negligence and/or wilful misconduct, for indirect damage suffered by the Customer. Any liability of VORWERK BENELUX arising from a sale or 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 conclusion, performance or termination of a contract with the Customer is expressly excluded (by way of derogation from Article 6.3 §2 of the Civil Code), except in the case of claims for compensation for bodily injury or moral damage or for damage caused by an intentional act with the purpose of causing damage. 

The existence, consequences and performance of a contract with VORWERK BENELUX and these GTC shall be governed exclusively by Belgian law. 

The Vienna Sales Convention (CISG) of 11 April 1980 does not apply. 

Supervisory authorities: 

- FPS Economy, with its registered office at City Atrium, Vooruitgangstraat 50, 1210 Brussels (https://economie.fgov.be); 

- Financial Services and Markets Authority (“FSMA”), with its registered office at Congresstraat 12-14, 1000 Brussels (https://www.fsma.be). 

All disputes arising from or relating to the order, a contract and/or these General Terms and Conditions fall under the exclusive jurisdiction of the courts of Brussels (Belgium). 

The foregoing applies without prejudice to any different 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.