Date: August 2019
These Terms of Use determine the use of the “Thermomix® Recipe Platform” (in the following “Cookidoo®”), which is provided by Vorwerk International & Co. KmG, Verenastrasse 39, 8832 Wollerau, Switzerland (in the following “Vorwerk”) available at www.Cookidoo.international where users may subscribe to digital recipe files (in the following “Recipes”) which run or are displayed on specific Thermomix® or mobile devices. Cookidoo® may be accessed via the website or the mobile Vorwerk app “TM App” (in the following the “App”). These Terms of Use govern any agreement between Vorwerk and the user (in the following the “User”, both hereinafter referred to as “Parties”) regarding Cookidoo® and the App.
These Terms of Use apply to any access and use of Cookidoo®, including mere access to the website, paid subscriptions (in the following “Paid Subscriptions”) and subscriptions that are free of charge for the User, like e.g. trial periods or free periods of use which can be made available to the User via vouchers (in the following “Free Subscriptions”).
1.1 Use of Cookidoo® is only possible after prior registration. Vorwerk reserves the right to make certain content also available to non-registered users, such as recipe previews; however, the availability of such content is subject to Vorwerk’s sole discretion.
1.2 Upon registration, correct and complete information must be provided. In the event of the user data being or becoming incorrect or incomplete, these data must be updated by the User.
1.3 The User undertakes to keep secret the access data used to access Cookidoo® (“Access Data”). Furthermore, the User is in general responsible for any and all activities that occur under its account, including account sharing as set out in Section 1.4 below.
1.4 The User may share its Cookidoo® account with other members of its household. For this purpose, the User may share the Access Data with these persons. The obligations of Section 1.3 and of other Sections of these Terms of Use also apply to the User when other members of his household use the User’s access to Cookidoo®.
1.5 The User shall notify Vorwerk immediately of any unauthorized use of its account or any other security breaches.
1.6 In accordance with these Terms of Use, the User may subscribe to the Recipes for a limited period of time (“Cookidoo® Subscription”). The respective price for the Cookidoo® Subscription will be displayed to the User in advance.
1.7 If Recipes were created for specific Thermomix® devices, such Recipes may only be used with these specific devices and not with other Thermomix® devices.
1.8 The User shall not:
● work around any technical limitations of Cookidoo®, the Recipes or the App;
● hack or modify Cookidoo® or the App;
● modify the Recipes;
● use Cookidoo® or the App for any purpose that is unlawful or prohibited by these Terms of Use or use Cookidoo® in any manner that could damage, disable, overburden or impair the infrastructure behind Cookidoo® and the App.
1.9 Vorwerk reserves the right to discontinue providing the infrastructure behind Cookidoo® and the App; however, not before the termination of a current Cookidoo® Subscription. Vorwerk will notify the User about such discontinuation via email to the address provided by the User.
1.10 Vorwerk reserves the right to restrict access to particular functions or to disable the User’s account in case that the User violates these Terms of Use.
2.1 The User can obtain the App from a store for mobile apps (“App Store”), which is provided by a third party. In case that the App is not offered for free, the purchase price for the App will be displayed to the User in advance. In case that the User decides to purchase the App, the User has to confirm the purchase by using a corresponding function in the App Store.
2.2 Any agreement with regard to the distribution of the App (e.g. in form of a purchase or for free), is a separate agreement that is not governed by these Terms of Use.
2.3 Some functions of the App do require an active internet connection of the mobile device, i.e. individual functions cannot be used without an active internet connection. Additional costs may arise in connection with the use of such individual functions of the App over the Internet, depending on your mobile contract.
2.4 The use of the App requires a compatible smartphone or any other compatible device.
3.1 The Recipes and the App are protected by copyright.
3.2 Vorwerk hereby grants the User a non-exclusive, non-transferrable and non-sub-licensable right to use the Recipes and the App for the purposes permitted under these Terms of Use (“Usage Right”). The User may only download and use the Recipes and the App on devices designated for such download.
3.3 The User is only allowed to reproduce Recipes and the App to the extent that this is necessary for the contractual use. The User may not lease or rent the Recipes or the App to third parties.
3.4 The App and the Recipes may be used by the User for their own non-commercial purposes and only as permitted under these Terms of Use. Any commercial use of these contents is subject to Vorwerk’s prior written consent. Pictures may not be copied, sold or otherwise be reproduced, unless Vorwerk has given its explicit written consent.
3.5 Any unauthorized use, including the reproduction of Recipes or the App or the transfer of Recipes or the App to third parties, is not allowed.
4.1 On Cookidoo®, the User will be able to subscribe to Recipes.
4.2 The main characteristics of the subscription, including its price, are listed on the description page of the respective Cookidoo® Subscription.
4.3 The User will select the desired Cookidoo® Subscription at the beginning of the order process.
4.4 In case of a Paid Subscription, the User accepts, by clicking on the button “Buy Now”, Vorwerk’s legally binding offer with regard to the Cookidoo® Subscription. The agreement is concluded and comes into effect immediately after the click on the “Buy Now” button by the User. The User will receive a confirmation of the agreement via email.
5.1 Any Free Subscription ends at the end of the specified period. Free Subscriptions will not lead to an automatic transition to a Paid Subscription. However, in case of an existing Paid subscription, the redemption of a voucher may extend the Term of a Paid subscription, without any additional remuneration for this extension.
5.2 The redemption of vouchers may be subject to additional conditions, which shall be communicated to the User at the latest upon provision of the voucher. In the event of a conflict between the additional conditions and these Terms of Use, the additional conditions shall prevail.
6.1 In case of a Paid Subscription, the User will pay the agreed price to Vorwerk.
6.2 All prices indicated on the website/app include value-added tax and any other applicable price components, except for additional credit card charges that may apply, which are charged by third parties, such as payment providers, and which are not invoiced by Vorwerk. The user may consult the respective third party for further information on applicable credit card charges.
6.3 The payment is due and payable with the conclusion of the agreement. The Parties agree that the payment currency shall be USD.
6.4 The methods of payment available are provided to the User before any order. Vorwerk offers the User to pay by credit or debit card (Master Card or Visa) or by additional payment methods if listed on Cookidoo®.
7.1 In case of a Paid Subscription, the Cookidoo® Subscription will be activated after payment by the User.
7.2 In case of a Free Subscription, the Cookidoo® Subscription will be activated after the User has successfully completed the registration process on Cookidoo®.
8.1 The User may use the subscribed Recipes during the term of the Cookidoo® Subscription unless the account of the User has been disabled according to the above Section 1.10 of these Terms of Use. After the termination of the Cookidoo® Subscription, Recipes will no longer be available to the User.
8.2 In case of a Paid Subscription, the Cookidoo® Subscription has, at the choice of the User, a minimum term of either one year or 30 days, beginning with its activation. The Cookidoo® Subscription will automatically renew at the end of this minimum term for further terms of the same duration as the minimum term each, provided that the User will not cancel the subscription prior to the renewal. The User will receive a reminder email about the impending renewal one week prior to the renewal of a 30-days subscription or 30 days prior to the renewal of the annual subscription. In this reminder email, Vorwerk will inform the User once again, inter alia, about the significance of not cancelling the subscription prior to the renewal and on the costs for the impending renewal of the subscription.
8.3 In case of discontinuation of the provision of Cookidoo® as referred to in Section 1.9 of these Terms of Use, no automatic renewal will take place. The User will receive then a notification email about the impending termination and discontinuation of Cookidoo®.
8.4 Either Party may terminate the Cookidoo® Subscription with effect to the end of each term without notice period.
8.5 Either Party may terminate the Cookidoo® Subscription in writing or in text form (e.g. via email to support.cookidoo@vorwerk.com). The User may also terminate the Cookidoo® Subscription via Cookidoo® itself.
8.6 Both Parties’ right of extraordinary termination for cause remains unaffected.
9.1 Vorwerk’s offers are legally binding.
9.2 The exclusive language available for the conclusion of the agreement is Spanish.
9.3 The essential contract data, such as term of the agreement and remuneration, will be stored by Vorwerk in electronic form and made accessible to the User through Cookidoo®. Additionally, an electronic copy of the particular agreement with the User will be sent to this User together with these Terms of Use via email.
9.4 The Recipes provided on Cookidoo® are for information purposes only and any food that may be prepared on the basis of these recipes may vary depending on a number of variables (e.g. quality and composition of used products, weather, environment, expertise and techniques of the User, etc.). Vorwerk does not assure any end results.
9.5 The User is entitled to statutory warranty rights, which may apply.
The following instructions on withdrawal apply for the Paid Subscriptions:
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Vorwerk International & Co. KmG, Verenastrasse 39, 8832 Wollerau, Switzerland; email: support.cookidoo@vorwerk.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email).
To meet the withdrawal deadline, it is sufficient for you to send your notification concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
As set out in Section 2.2 above, any purchase agreement with regard to a purchase of the App is a separate agreement that is not governed by the Terms of Use for the Thermomix® Recipe Platform (Cookidoo®) and the TM App. Hence, a withdrawal from this agreement has no effect on a purchase agreement with regard to a purchase of the App. If you want to withdraw from such purchase agreement, please check the applicable Terms and Conditions or instructions in the respective App Store.
11.1 All liability of Vorwerk, in particular with regard to any claims of the User for compensation and the reimbursement of any expenditure incurred without effect, shall be based solely upon this clause 11, regardless of the legal nature of the claim.
11.2 Vorwerk is liable in accordance with the statutory provisions in the event of intent and gross negligence, however only for direct damages and not for indirect damages or lost profit. Vorwerk is liable according to the statutory provisions in the event of death, bodily injuries or adverse health effects.
11.3 If no case according to paragraph 11.3 is given, Vorwerk is liable only for breach of an essential contractual duty, however limited to typical, foreseeable damages.
11.4 The limitation of liability also applies respectively in favour of the employees, agents, legal representatives and assistants of Vorwerk.
11.5 Any liability of Vorwerk for guarantees provided or for claims under applicable product liability laws shall remain unaffected.
11.6 Vorwerk is not liable for any Recipes and other use recommendations if and to the extent that use and safety instructions have not been complied with.
11.7 Any contents that are published by Vorwerk on Cookidoo® and the App are compiled with utmost diligence. Vorwerk does, however, not assume any warranty that such contents are technically correct, complete and up to date.
11.8 By way of derogation from Section 11.7, the following rules shall apply: Vorwerk is not liable for any Recipes and other use recommendations if and to the extent that use and safety instructions contained herein, published on Cookidoo®, the App, or in any other way provided to the User, have not been complied with.
12.1 Vorwerk reserves the right to amend these Terms of Use in case that this becomes necessary due to the further development of Cookidoo® or the App or because new functionalities will be implemented.
12.2 The foregoing right excludes provisions that determine the Parties’ primary contractual obligations. They will not be changed in the manner described in this section.
12.3 Vorwerk will notify the User in text form (e.g. per email) of the modified terms before they will enter into force. Vorwerk will also explicitly inform the User of new provisions as well as of the planned date for the new terms to enter into force.
12.4 At the same time, Vorwerk will grant the User an adequate, at least six-week period to terminate the agreements that are based on these Terms of Use without notice period, in case that the User does not agree with the modified Terms of Use. In case of such extraordinary termination of the Cookidoo® Subscription, fees that have already been paid for the remaining term will be reimbursed. If the User does not terminate the agreement within the aforementioned period, the modified terms shall apply as of the planned date specified in the notification email pursuant to Section 12.3 above.
12.5 The termination shall be made in writing or in text form (e.g. via email). Upon notification of the modified Terms of Use, Vorwerk will inform the User about his termination right, the applicable termination period and the significance of remaining silent.
13.1 The interpretation of these Terms of Use shall be governed by Swiss law, to the exclusion of conflict of law provisions and the UN Sales Law (CISG). Any applicable provisions concerning the limitation of choice of law as well as the applicability of mandatory provisions and rules of public policy of the state where the User as consumer has their habitual residence shall remain unaffected.
13.2 If any provision of these Terms of Use is held to be unenforceable for any reason, the parties will replace the invalid provision with a valid provision that comes closest to the economic purpose of the invalid provision. The remaining provisions of these Terms of Use shall not be affected.
