PLEASE Read thESE Terms of use carefully before using this Site. By using the website canada‑east.thermomix.com or thermomixcanada.ca (the “Site”), you unconditionally consent to the practices described in these Terms of Use (the “Terms”) and the Privacy Policy (the “Privacy Policy”) available at privacy policy. The Terms and the Privacy Policy constitute a binding legal agreement between you and Importation Nobelhaus Inc. (“Nobelhaus”) and Vorwerk International Strecker & Co. (“Vorwerk” and Vorwerk and Nobelhaus, individually and indistinctly, the “Website Operator”)  governing your access to and use of the Site. By using this Site, you agree to follow and be bound by the Terms, the Privacy Policy and all applicable laws. IF YOU do not accept the Terms and the Privacy Policy, YOU MAY not use this Site.

The Website Operator reserves the right to change the Terms and the Privacy Policy as well as the information, products and services offered or described on the Site at any time and at its sole discretion, without notice and without liability. You are responsible for frequently reviewing the Terms and the Privacy Policy.

You affirm that you either have the age of majority in your province or state of residence, or the permission from a parent or guardian to use this Site.  In any case, you affirm that you are older than 13 years of age. If you have not reached 13 years of age, please do not use the Site.

1. Use of the Site

Your use of the Site is subject to all applicable local, provincial, state and federal laws and regulations. You may not reproduce information, materials or software obtained from the Site in any form or download, copy, republish, display, publicly perform, distribute, sell, transfer, modify or use any such information, materials or software for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and other laws and regulations. The Site and all text, graphics, logos, information, content and other materials posted on the Site or which can be downloaded are protected by copyright laws, trademark laws and other laws and can only be used in accordance with the Terms or with prior written consent of the owner of such material.

You cannot use the Site for any purpose that is illegal or unlawful or that is prohibited by the Terms. You may use or access the Site for your personal and non-commercial use, including to obtain information on the goods or services offered by the Website Operator and/or to make a purchase. Use of the Site for any other purpose, including for commercial purposes, is expressly prohibited.

2. Protection of Personal Information

You confirm that you have read the Privacy Policy and agree that it is reasonable. You agree that the Website Operator may use your personal information in accordance with the Terms and the Privacy Policy and with the stated purposes contained therein.

3. User Communications

Other than personal information subject to the Privacy Policy, all communications or information, as well as all material, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communications by you, made in any manner, on the Site or to the Website Operator, its officers, directors, employees, consultants, representatives, agents, successors and assigns (the “Communications”) are and will be considered non-confidential and non-proprietary. You therefore agree that you have the right and authority to, and hereby grant to the Website Operator a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub-licensable right to use the Communications, for any purpose whatsoever, including without limitation, reproduction, transmission, disclosure, publication, broadcast, display, development, adaptation, translation, creation of derivative works, manufacturing or marketing, in any manner whatsoever, for any or all commercial or non-commercial purpose, without restriction and without any compensation. You represent and warrant that you have the right to distribute and reproduce the Communications and the right to grant the licence granted above. You hereby waive all moral rights in the Communications.

The Website Operator may, but is not obligated to, monitor, edit, remove or review any Communications and is under no obligation to use, return, review or respond to any Communications. the Website Operator SHALL HAVE NO LIABILITY RELATED TO the content of ANY such communications, whether OR NOT ARISING under the laws OF copyright, defamation OR LIBEL, privacy, obscenity or otherWISE. The Website Operator reserves the right to remove any or all Communications that contain material deemed inappropriate or unacceptable. The Website Operator, its officers, directors, employees, consultants, representatives, agents, successors and assigns take no responsibility and assume no liabilityfor the Communications.

4. Username and Password

Certain portions of and certain activities on the Site may require you to have a username and a password (the “Codes”). You agree to provide accurate and up-to-date information about yourself during the registration process and to promptly update this information as needed to ensure that it remains accurate and complete. You also acknowledge that you are responsible for any activity that takes place under your Codes and for logging out of your account at the end of each session.

The Website Operator reserves the right to cancel or suspend your Codes at any time at its sole discretion, without notice and without liability to you or any other person. The Website Operator is under no obligation to verify the actual identity or authority of any person using the Codes to access or use the Site. The Website Operator may, at its sole discretion and at any time, require proof of identity of any person seeking access to and use of the Site and may deny such access, in whole or in part, if the Website Operator is not satisfied with such proof.

You are fully responsible and liable for the confidentiality and security of the Codes as well as for any and all use or misuse which may result from your disclosure of the Codes. After accessing the Site using the Codes, you are responsible for closing the browser, clearing the browser’s cache and/or closing the session so that the Codes cannot be accessed by a subsequent user. If you suspect that your Codes are lost, stolen and/or known to be used by another person, you shall immediately notify the Website Operator by telephone at (418) 661-3735, or toll free at 1 (877) 423-8111 or by e-mail at info@nobelhaus.ca [NTD: Contact information to be confirmed]. The Website Operator assumes no responsibility or liability, and cannot be held liable, for any damages arising from or related to your failure to keep your Codes confidential and secure.

5. Products and Services

The purpose of the Site is to provide information about the products and activities of the Website Operator. The Website Operator strives to provide complete, accurate, precise and up-to-date information. However, it is possible that some of the information may occasionally be incomplete, inaccurate, imprecise or outdated. The Website Operator makes no representations or warranties regarding the completeness, accuracy or currency of any information of the Site. The Website Operator shall not be liable for any omission, inaccuracy or failure to update the Site, regardless of whether such deficiency is caused by the Website Operator or by a third party who provided such information.

Products displayed on the Site may not be available at all times and may not be available for immediate delivery. In the event that an item is listed at an incorrect price or with incorrect information, the Website Operator shall have the right, at its sole discretion, to refuse or cancel any order placed for that item. All the images of the products on the Site are shown for information purposes only and may differ from the actual products.

6. Online Purchases

If you purchase products or services from the Site, you agree to be bound by the following terms and conditions:

1)     Payment

All purchases made on the Site must be paid online using the payment methods offered from time to time, namely through PayPal or by submitting the information of your Visa, MasterCard, Discover or American Express credit card. For more information regarding terms and conditions for using PayPal, please visit www.paypal.ca.

If you decide to use such service, it is your responsibility to read and comply with PayPal’s terms of use and other policies. The Website Operator shall not be held responsible or liable for any damages resulting from the use or misuse or services provided by a third party, including PayPal. In the event of any concerns regarding a PayPal payment, you can contact Nobelhaus at the address indicated below.

Unless otherwise stated, all sales are made and all prices are quoted in Canadian dollars and do not include applicable sales taxes or shipping fees. All sales at discount prices are final. No exchange or refund will be made.

2)     Shipping and delivery

Orders are prepared and shipped by Canada Post within 2 business days of the order. After shipping, delivery is conducted within standard Canada Post delivery times. A tracking number will be provided.

In order to prevent fraud and other criminal activities on the Site, the Website Operator may, at its sole discretion, verify your identity or the identity of the holder of the credit card used to purchase products on the Site by requesting certain identification documents (driver’s license, health insurance card, etc.). If the Website Operator suspects that a fraudulent or criminal act is committed by you, the Website operator, in its sole discretion, can refuse the shipment for all purchases made on the Site and report the activity to the authorities.

3)     Shipping costs

Shipping and delivery costs will be added to the price of the purchased merchandises. Such costs will vary depending on the shipping address provided.At the time of ordering,the shipping and delivery costs will be indicated before you make your payment. These terms only apply to products shipped to Canada. If you are in another country, please contact us at the phone number provided below to know the applicable terms and conditions of shipping and how the customs and duties will be applied.

4)     Return policy

If you are not satisfied with your purchase, you may return the merchandise within 10 days of delivery provided it is unused, in good condition and in its original packaging with all labels and stickers intact. You are responsible for paying the return shipping costs. Please contact Nobelhaus at the contact information listed below before returning any merchandise. Failure to do so may result in lost products or refusal of the returned merchandise. If the merchandise is defective, please contact Nobelhaus at the phone number provided below.

[NTD: The web page at the following address should be updated with the above information: https://service.thermomixcanada.ca/boutique/index.php?route=information/information&information_id=5]

7. Trademarks

All logos, trademarks, service marks and trade names used or displayed on the Site are the registered or unregistered trademarks of Nobelhaus and/or Vorwerk or are used under licence by the Website Operator. Nothing on the Site grants or may be construed as granting, by implication or otherwise, any license or right to use any logos, trademarks, service marks and trade names displayed on the Site without the written permission of the Website Operator or such other owner.

8. Internet Browser

The Site was developed for optimal display on the following browsers: l [NTD: To be confirmed, or remove the first two sentences of this paragraph.]. The Website Operator advises you to use these internet browsers in order to enjoy optimal use of the Site. The Website Operator shall not be held liable for any damages relating to the use of the Site and problems with the display caused by your internet browser. You agree to access the Site using modern hardware that does not contain viruses and with an up-to-date browser.

9. Hypertext Links

The Site may contain hyperlinks to other websites that are not owned, operated or controlled by the Website Operator. The links are provided solely for your convenience. By using the links, you may be leaving the Site. The Website Operator cannot verify the content, material or any other information on the other sites visited by you. The Website Operator does not endorse, guarantee, or make any representations or warranties regarding any other site to which it provide links or any of the content, material or information that may or may not be on such site. If you decide to access other sites from a link on the Site you do so at your own risk. The Website Operator assumes no responsibility and shall not be liable for any damages arising from the use of such other sites.

All links from another website to any page of this Site must comply with all applicable laws and regulations. All such links shall not cause prejudice in any way to the Website Operator, its trademarks, trade names, products and services. At any time and at its sole discretion, the Website Operator may request any person who creates or maintains any link to any page of the Site to remove such link.

10. Social Networks

The use of social networks (Facebook, Twitter, Instagram, Google+, blogs, etc.) is an excellent way for the Website Operator’s clients to interact with each other and with the Website Operator. The Website Operator is happy to communicate with its clients outside the Site but invite you to consult the Site for more up-to-date and accurate information. The Website Operator can communicate information and news concerning its products, its promotions and its contests on social networks. However, if the content on social networks differs from the content on the Site, the content on the Site shall prevail.

The Website Operator encourages users to publish comments regarding the Website Operator and its products and services or to ask questions on social networks. However, the Website Operator does not verify or confirm the accuracy of the comments made by users about the Website Operator or its products and services. The Website Operator does not endorse any of the opinions expressed in the comments nor does it ensure compliance with the Terms and/or the Privacy Policy on its social networks. However, the Website Operator reserves the right to monitor activities concerning the Website Operator on social networks and to censor any comments that it deems inappropriate or unacceptable at any time and at its sole discretion. The Website Operator also reserves the right to ban a user from its social networks at any time and at its sole discretion.

The social networks used by the Website Operator may not be available at times. The Website Operator has no control over such interruptions because the servers of these social networks are managed by third parties. As such, the Website Operator assumes no responsibility or liability if the social networks do not respond or are not available.

11. Applicable Law

The validity, construction and performance of the Terms and the Privacy Policy are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. You consent and submit to the exclusive jurisdiction of the courts located in the city of Montreal, Province of Quebec, Canada, in all disputes arising out of or relating to the use of the Site, the Terms and/or the Privacy Policy.

12. Cancellation

The Website Operator reserves the right to terminate the Terms, the Privacy Policy and/or the Site, at any time at its sole discretion, without reason and without notice.

13. Waiver of Recourse

You release and hold harmless the Website Operator, its officers, directors, employees, consultants, representatives, agents, successors and assigns from and against any claim, cause of action or demand of any nature whatsoever arising from your use of the Site or the Website Operator’s social networks.

14. Limitations of Liability

Except as expressly provided in the Terms, the Website Operator makes no representations or warranties of any kind, either express or implied, regarding the Site or any content, all of which are provided on an “as is” and “subject to availability” basis. the Website Operator does not warrant the accuracy, completeness, currency, reliability, safety or suitability of the operation or use of the Site or any content or data and expressly disclaims all warranties and conditions in respect of the Site, any content or data, including implicit warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement, and those arising by statute or from a course of dealing or usage of trade. No advice or information obtained from the Site shall create any warranty or guarantee of any kind.

No advice or information obtained through the use of the Site shall create any warranty or guarantee of any kind. In no event shall the Website Operator be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits, data or savings), whether based in contract, extra-contractual liability, strict liability or otherwise, which arises out of or is in any way connected with any use of the Site or any content, the operation of the Site, or any failure or delay in the operation of the Site, even if the Website Operator was advised of the possibility of damages. Anyone who uses the Site does so at their own risk. The foregoing limitations of liability do not apply to the extent expressly prohibited by law.

In the event of any problem with the Site or any content, you agree that your sole remedy is to cease using the Site.

You agree to indemnify, hold harmless and defend the Website Operator, as well as its officers, directors, employees, agents, consultants, representatives, agents, successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses of any kind, including, in particular, legal fees and disbursements resulting directly or indirectly from: (i) your breach of the Terms or the Privacy Policy; (ii) your access to, use or inability to access or use the Site; (iii) your use of or reliance on publications, communications, distributions or downloads of any nature; and/or (iv) your violation of any law or applicable regulation. You agree to cooperate with the Website Operator in the contestation of any claims.

15. Final Provisions

If any provision of the Terms is deemed unlawful, void or unenforceable for any reason, that provision shall be severed and the remaining provisions will remain in force and be fully enforceable.

The provisions of the Terms apply for the benefit of the Website Operator, its officers, directors, employees, consultants, representatives, agents, successors and assigns. You cannot assign the Terms or the rights and obligations granted to you hereunder without the express prior written consent of the Website Operator, which they may refuse at their sole discretion. The Website Operator may assign the Terms and the rights and obligations granted hereunder without your consent.

No consent or waiver by a party of any breach or default by another party under these Terms i) shall be construed as consent to or waiver of a continuing breach or default or any other breach or default of these obligations or any other obligation of that party, or ii) shall be enforceable unless it is given in writing and signed by all parties.

The parties hereby agree that it is their wish that these Terms are in the English language and the parties may also consult the French version of these Terms on the Site.

All rights not expressly granted by the Terms or the Privacy Policy are reserved by the Website Operator.

Nobelhaus may be contacted at the following address:

Importations Nobelhaus Inc.
710 rue Bouvier, suite 185
Québec (QC)  G2J 1C2

Phone: 1 877 423-8111
Email: info@nobelhaus.ca

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