For the purposes of the GTC, the following terms, when written with a capital letter, shall have the following meanings:

“Vorwerk Romania”: Vorwerk Romania, a limited liability company incorporated under Belgian law, with its registered office at Mechelsesteenweg 586, box C, 1800 Vilvoorde, registered under Belgian company number 1005.465.871.

“GTC” means these general terms and conditions of sale of Vorwerk Romania.

“EU Data Act” means 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 and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828.

“Intellectual Property Rights” means all intellectual property rights, including but not limited to copyright, patents, trademarks, design rights and database rights, rights in confidential information or trade secrets, domain name rights, and any other intellectual property rights (whether registered or unregistered, existing now or developed in the future) worldwide, including all rights relating to pending applications and registrations and the right to pursue and obtain compensation for infringements.

“Product” means any product sold to the Customer by Vorwerk Romania, including but not limited to a Thermomix.

“VI” means Vorwerk International & Co. KmG, with its registered office at Verenastrasse 39, 8832 Wollerau, Switzerland.

Orders are placed online through the Online Shop, using an order form, and are subject to product availability. If the Product is unavailable after the order has been placed, Vorwerk Romania will inform the Customer within a reasonable period. The Customer may obtain additional information about the Products from Vorwerk Romania’s customer service.

The sale is concluded only after express acceptance of the offer by the Customer. However, Vorwerk Romania reserves the right not to execute or to cancel orders, with a refund of any advance payment made, if they appear suspicious, including but not limited to orders placed by minors, insolvent customers, customers without a known address, or customers providing false information.

Vorwerk Romania reserves the right to suspend or refuse any order from a customer who has not paid a previous order or with whom there is an ongoing dispute.

Placing an order means that the Customer has fully accepted the GTC. The contract and these terms and conditions remain in force until all obligations have been fulfilled.

By placing an order, the Customer expressly waives their own terms and conditions and acknowledges the applicability of the GTC. The Customer’s general terms and conditions cannot be accepted implicitly by Vorwerk Romania. Any deviation from this provision is only valid through a written and signed agreement.

The Product is invoiced at the price applicable at the time the order is registered. Prices are expressed in euros, including VAT at the rate applicable in the Customer’s country of residence. Delivery costs are borne by the Customer and are displayed separately. Before placing an order, the total price, including all costs and taxes, is made available to the Customer and displayed in the order summary in the Online Shop.

Purchases through the Online Shop may be made using one of the following payment methods: Bancontact, credit card, Alma.

If the Customer is a consumer within the meaning of Article I.1, 2° of the Belgian Code of Economic Law and fails to pay an invoice by its due date, Vorwerk Romania may claim (i) late payment interest equal to the reference interest rate increased by eight percentage points, as referred to in Article 5, paragraph 2, of the Law of 2 August 2002 on combating late payment in commercial transactions, calculated on the outstanding amount, and (ii) a fixed compensation as follows:

a) €20 if the outstanding balance is less than or equal to €150; or

b) €30 plus 10% of the amount due for the portion between €150.01 and €500 if the outstanding balance is between €150.01 and €500; or

c) €65 plus 5% of the amount due for the portion exceeding €500, with a maximum of €2,000, if the outstanding balance exceeds €500.

Vorwerk Romania may request this late payment interest and fixed compensation from a consumer within the meaning of Article I.1, 2° of the Belgian Code of Economic Law only after a period of fourteen days from sending the first written notice referred to in Article XIX.2 §1 of the Belgian Code of Economic Law. This period begins either on the third working day after the notice was sent by letter, or on the calendar day following the day on which the notice was sent electronically.

If the Customer is not a consumer within the meaning of Article I.1, 2° of the Belgian Code of Economic Law and, in the absence of payment by the Customer no later than the invoice due date, late payment interest shall automatically become payable by the Customer, without prior notice of default or written notification, in accordance with the rate applicable to commercial transactions (B2B) under the Law of 2 August 2002 on combating late payment in commercial transactions.

Non-payment of an invoice by the due date by a Customer who is not a consumer will also automatically and without prior notice of default result in compensation equal to ten percent (10%) of the outstanding balance, with a minimum of €125 per overdue invoice, without prejudice to Vorwerk Romania’s right to recover any higher proven damages.

Incomplete delivery of an order does not justify postponing payment for the goods that have been delivered. Vorwerk Romania may issue partial invoices to the extent that goods have been delivered. Payment of invoices cannot be made conditional upon the installation and commissioning of the equipment.

Vorwerk Romania undertakes to deliver the Product within 60 days from receipt of full payment, unless another delivery date has been agreed.

If Vorwerk Romania is unable to deliver the Product within the aforementioned period, Vorwerk Romania undertakes to inform the Customer in writing and establish a new reasonable delivery date. If Vorwerk Romania exceeds the new delivery deadline, the Customer has the right to cancel the order.

Upon delivery, the Customer must check the packaging for any damage. If the Product is damaged, the Customer must not accept the delivery and must immediately inform Vorwerk Romania.

Delivery deadlines are not binding and are provided for guidance only, unless expressly stated otherwise. The risk transfers to the Customer when the Customer or a third party designated by the Customer takes physical possession of the Product.

The Products sold remain the property of Vorwerk Romania until full payment of the price and any other amounts owed by the Customer has been received. The Customer is responsible for any damage or reduction in the value of the Product compared with its new condition, resulting from use, damage to the packaging, etc.

In the event of seizure, confiscation, or any other measures taken by third parties concerning the Product, regardless of the reason, the Customer shall fully indemnify Vorwerk Romania for all resulting claims and costs. In such a case, the Customer must inform the third party that the Product is the property of Vorwerk Romania.

If the price is not paid in full within the agreed period, Vorwerk Romania may, at its own discretion, request the return of the Product, refunding, where applicable, the amounts already paid by the Customer, or blocking the functionality of the device.

Complaints regarding the Product must be submitted in writing, and the existence of a defect must be proven. Vorwerk Romania shall not be liable if the defect did not exist at the time of delivery of the Product or if the Customer was aware of the defect at the time of purchase. Complaints must be submitted within 14 days of receiving the Product.

If the dispute cannot be resolved amicably, the Customer may submit a complaint to the Consumer Ombudsman Service, located at 1000 Brussels, Boulevard du Roi Albert II 8, box 1 (North Gate II).

The Product is covered by a warranty for parts and labour, including Vorwerk Comfort Service, in accordance with the terms and conditions of Vorwerk Romania, from the date of delivery. The Customer is entitled to the legal warranty of two (2) years from the date of delivery. This warranty does not apply:

• in the event of improper use, normal wear and tear, unusual maintenance work, or lack of maintenance and/or hygiene;
• in the event of use of accessories or equipment other than those supplied by Vorwerk Romania, or spare parts other than original VORWERK parts;
• in the event of intervention or modification of the device by an unauthorised third party or by the Customer;
• in the event of non-compliance with the instructions/user manual;
• in the event of connection to a non-compliant electrical installation;
• in cases of force majeure, such as natural disasters, lightning, flooding, fire, or any accidental event or external cause;
• in the event of a defective Wi-Fi or Bluetooth connection, or the absence of a Wi-Fi or Bluetooth connection for any reason.

The above provision does not affect the provisions relating to hidden defects and non-conforming delivery.

In the event of non-compliance with the safety rules provided in the Product’s user instructions, Vorwerk Romania shall not be liable for any damage caused to the Customer or third parties, whether involving animals or property. Any accident must be reported immediately to Vorwerk Romania, which may request the device for inspection. Under no circumstances may the condition of the appliance be altered after an accident.

The Customer has a right of withdrawal within 14 days from receipt of the Product, including when the Product is received through a third party. To exercise the right of withdrawal, the Customer may use and complete the withdrawal form provided or send a declaration indicating the order number and the decision to return the order. The Product must be returned in its original packaging, following Vorwerk Romania’s instructions. The Customer must return the products without undue delay and, in any case, no later than 14 days from the date on which the withdrawal notification was sent.

Delta Park
Mechelsesteenweg 586C
1800 Vilvoorde - BELGIUM

During the withdrawal period, the Customer must handle the Product and packaging with care. This means that the Customer may only unpack the goods to determine whether they wish to keep the Product or not. In the event of withdrawal, the Customer is responsible for the return costs of the Product and for any depreciation or damage to the Product caused by handling beyond what was necessary to establish its nature, characteristics, and functioning, as well as for the costs associated with new packaging. In the event of damage to the Product or packaging, Vorwerk Romania will invoice the repair costs and/or the full value of the damaged Product or packaging.

The Customer’s personal data will be collected and processed by Vorwerk Romania, which will act as the data controller.

Vorwerk Romania refers to its privacy statement, which can be consulted on the website at: 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, where the processed data, legal bases and purposes of processing, as well as the rights and obligations relating to the processing of personal data, are also specified.

By placing an order, the Customer confirms that they have read the privacy statement and accept it.

Unless expressly and specifically provided otherwise in a written and signed agreement between Vorwerk Romania and the Customer, all Intellectual Property Rights of Vorwerk Romania shall at all times remain the exclusive property of Vorwerk Romania.

Vorwerk is required by applicable laws to provide the Customer with relevant information on Vorwerk connected products and related services before the conclusion of an agreement. On https://www.vorwerk-group.com/eudataact/be; https://www.vorwerk-group.com/eudataact/lu; https://www.vorwerk-group.com/eudataact/nl; the Customer has access to the relevant information specific for the product/service that is subject to the GTC.

If the Customer, acting as a user, obtains data following a request referred to in Article 4(1) of the EU Data Act, the Customer undertakes not to use such data to develop a connected product that competes with the connected product or the Product from which the data originates, nor to share the data with a third party for such purpose.

The Customer shall also not use such data to engage in coercive practices or to exploit vulnerabilities in the technical infrastructure of the data holder or VI, designed to protect the data, in order to gain access to the data. The Customer shall not infer information regarding the economic situation, assets, or production methods of the manufacturer or VI.

A breach of the Customer’s obligations under this article of the GTC shall constitute a serious and material breach of contract, entitling Vorwerk Romania to claim full compensation for any damages suffered.

During the Customer’s use of the Product (as a user), various data relating to the Product or the Product environment will be obtained, collected, generated, or otherwise processed by the Product (so-called “Product Data”), meaning data generated through the use of the Product and designed to be extractable, including metadata.

If the Product is connected to a digital service provided or operated by Vorwerk Romania (the so-called “Related Service”), the Related Service may obtain, collect, generate, or otherwise process data representing the digitalisation of user actions or events related to the connected Product (“Related Service Data”). Vorwerk Romania and the Customer agree on the use and sharing of Product Data as follows. Related Service Data may be subject to additional terms and conditions agreed separately with the Customer.

A) Data holder

Vorwerk Romania 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 Product Data and all data relating to Vorwerk Related Services connected to the Product (“Data Holder”).

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

Vorwerk Romania and the Customer agree that no other legal entity within the Vorwerk Group, other than VI, shall be considered the Data Holder under these GTC or any other agreement between Vorwerk Romania and the Customer.

Vorwerk Romania hereby declares and warrants that it has full authority to act on behalf of VI in connection with these GTC. Vorwerk Romania is duly authorised to bind VI to the terms and conditions regarding access to and use of data set out herein.

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

Vorwerk Romania and the Customer agree that the Data Holder is granted the right to use Product Data that constitutes 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 Related Service to ensure incident preparedness and response, troubleshooting, support, warranty, insurance, or similar activities, and related data analysis required to perform these activities, including detection and investigation of incidents and root causes;
• assessing, defending, and/or exercising the rights of the Customer, the Data Holder, or a third party in connection with the Product or Related Service;
• analysis and measurement of the effectiveness and use of Vorwerk Products and Related Services, including statistical analysis, particularly for monitoring and maintaining the operation, safety, and security of a Product or Related Service and ensuring quality control;
• improving the operation of any Product or Service offered by Vorwerk Romania and/or the Data Holder, including through quality control, predictive maintenance, and the provision of support or warranty services;
• developing new features and/or tools for Products or Related Services by Vorwerk Romania and/or the Data Holder, or by third parties acting on their behalf;
• developing new Products or Services independently, jointly, or through special-purpose entities such as joint ventures;
• billing and account administration;
• compliance with applicable laws and protection and enforcement of Vorwerk’s rights;
• aggregation of Product Data and Related Service Data with other data or creation of derived data for any lawful purpose; and
• subject to the user’s prior consent, training proprietary and third-party AI models, AI systems, and machine learning functionalities.

(“Data Licence”).

The Data Holder shall not use Product Data to infer information about the Customer’s economic situation or assets, nor in a manner that adversely affects the Customer’s legitimate interests.

C) Licence for derived data and use by third parties

Vorwerk Romania and the Customer agree that the Data Holder has the right to grant other legal entities within the Vorwerk Group the right to use non-personal Product Data for the purposes defined in this section (“Derived Data Licence”).

The Data Holder has the right to engage third-party providers, subcontractors, or cooperation partners to use Product Data for the purposes set out in the Data Licence, provided that such third parties are contractually required not to further share the non-personal Product Data received.

Without prejudice to the above, the Data Holder and, where permitted, third parties may use data processing services, such as cloud services, hosting services, or similar services, independently and under their own responsibility for processing Product Data.

D) Use and transfer of personal Product Data

The Data Holder may use, share with third parties, or otherwise process Product Data that constitutes personal data only where there is a legal basis and under the conditions permitted by Regulation (EU) 2016/679 (“GDPR”), and where applicable, Directive 2002/58/EC (“ePrivacy Directive”), the Belgian Law of 30 July 2018 on the protection of individuals with regard to the processing of personal data, or any other applicable privacy legislation.

E) Technical and organisational measures

The Data Holder shall implement technical and organisational measures to ensure a level of protection appropriate to the risk of processing Product Data, including confidentiality, integrity, and availability, as well as sufficient resilience and security of data processing systems, taking into account the state of science and technology, potential harm to the user, and the costs associated with protection measures.

Technical and organisational measures may evolve in line with technological progress and further developments. In this regard, the Data Holder and Vorwerk Romania are authorised to implement suitable alternative measures, provided that the security level of the specified measures is not reduced.

During the Client’s use of the Product (as a user), various data related to the Product or the Product environment will be obtained, collected, generated, or otherwise processed by the Product (so-called “Product Data”), i.e. data generated through the use of the Product that is designed to be retrievable, including metadata. If the Product is connected to a digital service provided or operated by Vorwerk Romania (so-called “Associated Service”), the Associated Service may obtain, collect, generate, or otherwise process data representing the digitalisation of user actions or events related to the connected Product (“Associated Service Data”). Vorwerk Romania and the Client agree on the use and sharing of Product Data as follows. Associated Service Data may be subject to additional terms and conditions agreed separately with the Client.

A) Data holder

Vorwerk Romania and the Client agree that, in the context of these CGV, the Data Holder within the meaning of Regulation (EU) 2023/2854 (“EU Data Act”) is

• Vorwerk International & Co. KmG (“VI”) for all Product Data and all data relating to Vorwerk Associated Services connected to the Product (“Data Holder”).

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

Vorwerk Romania and the Client agree that no other legal entity within the Vorwerk Group, other than VI, shall be considered the Data Holder under these CGV or any other agreement between Vorwerk Romania and the Client.

Vorwerk Romania hereby declares and guarantees that it has full authority to act on behalf of VI in connection with these CGV. Vorwerk Romania is duly authorised to bind VI to the terms and conditions regarding access to and use of data provided herein.

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

Vorwerk Romania and the Client agree that the Data Holder receives the right to use Product Data that constitutes non-personal data for the following purposes, to the extent permitted by applicable law:

Execution of an agreement with the Client or activities related to such agreement;

• monitoring and maintaining the functionality, safety, and security of the Product or Associated Service to ensure incident preparation and response, troubleshooting, support, warranty, insurance, or similar activities and related data analyses for carrying out these activities, including detection and investigation of incidents and root causes;
• assessing, defending, and/or exercising the rights of the Client, the Data Holder, or a third party in relation to the Product or Associated Service;
• analysis and measurement of the effectiveness and use of Vorwerk Products and Associated Services, including statistical analyses, particularly for monitoring and maintaining the operation, safety, and security of a Product or Associated Service and ensuring quality control;
• improving the operation of any Product or Service offered by Vorwerk Romania and/or the Data Holder, including through quality control, predictive maintenance, and the provision of support or warranty services;
• developing new functionalities and/or tools for Products or Associated Services by Vorwerk Romania and/or the Data Holder, or by third parties acting on their behalf;
• developing new Products or Services, independently, jointly, or through special-purpose entities such as joint ventures;
• billing and account administration;
• compliance with applicable laws and protection and enforcement of Vorwerk’s rights;
• aggregation of Product Data and Service Data with other data or creation of derived data for any lawful purpose; and
• subject to the user’s prior consent, training Vorwerk’s own AI models and those of third-party providers, AI systems, and machine learning functionalities.

(the “Data Licence”).

The Data Holder shall not use Product Data to infer information about the Client’s economic situation or assets, nor in any way that adversely affects the Client’s legitimate interests.

If any provision of the order and/or the CGV is or becomes invalid, in whole or in part, this shall not affect the validity of the remaining provisions. Vorwerk Romania and the Client shall replace the invalid provisions in good faith with an equivalent provision that best reflects the intention of the order and/or the CGV terms. In the event of total or partial invalidity, the court may always mitigate the invalidity and limit it to the unreasonable part.

Except in cases of fraud, gross negligence, and/or wilful misconduct, Vorwerk Romania shall not be liable for any indirect damage suffered by the Client. Any liability of Vorwerk Romania arising from a sale or contract with the Client shall be limited to direct damages.

Any tortious (non-contractual) liability of Vorwerk Romania or its agents or employees relating to the conclusion, performance, or termination of a contract with the Client is expressly excluded and shall not apply (by way of derogation from Article 6.3 §2 of the Belgian Civil Code), except for tort claims for compensation relating to personal injury, moral damages, or compensation resulting from an intentional act by Vorwerk Romania carried out with the intention of causing harm.

The existence, effects, and consequences of a contract with Vorwerk Romania and the CGV, as well as any orders, sales, or their execution, etc., shall be exclusively governed by Belgian law. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall not apply.

All disputes relating to or arising from the order, a contract and/or the GTC shall fall under the exclusive jurisdiction of the courts of Brussels (BE).

The foregoing applies without prejudice to any other 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.