Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE
Please read these terms and conditions of sale carefully as any purchase of machines, parts and accessories (Products) from Vitamix Corporation will be subject to these terms and conditions. You understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions.
You should retain a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these Terms and Conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order Products from us.
1 Information about us
Vitamix Corporation, Inc. is a corporation incorporated under the laws of the State of Ohio, United States ("we", "us" or "our"). Our VAT number is 845760796. Our address is 8615 Usher Road, Cleveland, Ohio, 44138, USA. Our phone numbers are 0808 156 6633 (UK) and 0766709854 (Ireland).
2 Your status
2.1 By placing an order through our site, you confirm that:
2.1.1 You are legally capable of entering into binding contracts; and
2.1.2 You are at least 18 years old.
3 Ordering methods and confirmation
3.1 Products displayed on our website can be ordered online through our secure server, by calling Customer Service at 0808 156 6633 (UK) or 0766709854 (Ireland), by emailing us at email@example.com or by fax at +1.440.235.3726.
3.2 Your order constitutes an offer to us to buy Products. All orders are subject to availability and subject to acceptance by us. We will confirm such acceptance to you by sending you notice by email or post (the "Order Confirmation"). The contract between us ("Contract") will only be formed when we send you the Order Confirmation.
3.3 The Contract will relate only to those Products confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
4 Description and price of the Products
4.1 The description and, subject to clauses 4.2 to 4.4 below, the price of any Products you order will be as shown on the Order Confirmation.
4.2 The prices of the Products do not include delivery charges, taxes, or import duties. Delivery charges are £20.00/€35.00 for Vitamix machines, £12.50/€27.50 for Vitamix containers, £9.00/€20.00 for other accessory products (except parts) and £4.00/€5.00 for parts.
4.3 Every effort is made to ensure that all prices and descriptions shown on our website are accurate at the time you place your order. However, our website contains a large number of Products and it is always possible that, on rare occasions and despite our best efforts, some of the Products listed on our website may be incorrectly priced. We will verify prices once we send you your Order Confirmation.
4.4 We are under no obligation to provide the Products to you at the incorrect (lower) price, even after we have sent you the Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. However, we will advise you in writing where it is not possible to accept your order to buy the Products at the price stated.
4.5 All prices are inclusive of VAT, where applicable.
5.1 Payment for the Products may be made by most major credit/debit cards, cash or cheque.
5.2 We will debit the price of the Products in full from your credit/debit card at the time of the Contract being formed. Payment by cash and cheque are due at the time you place your order. We reserve the right to terminate any Contract if we are refused payment.
5.3 We may in our sole discretion approve different payment terms for Products at anytime, including payment by vouchers.
5.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
5.5 You agree to indemnify us in full against all costs, expenses and outgoings reasonably incurred by us in obtaining payments from you in the event that a failed payment occurs. We may, at any time after a failed payment has occurred, ask a debt collection agency to collect payments from you.
6.1 We deliver anywhere in the UK, Ireland, and the Channel Islands.
6.2 We will arrange for delivery once a Contract has been formed and confirm this to you in the Order Confirmation or by contacting you separately with a delivery confirmation and tracking number. It is essential that you, or someone on your behalf, will be available to receive and sign for the Products at the delivery address at the time of the arranged delivery. If someone at the delivery address other than you signs for the Products, we are entitled to assume that person is authorised by you to do so.
6.3 Sometimes delivery may be late or cancelled because of adverse weather conditions or other events outside of our reasonable control. If so, we will try to contact you as soon as we are able to in order to reschedule your delivery.
6.4 If no one is at the delivery address when delivery is attempted then the Products will be taken back and the delivery agent will contact you to arrange a further delivery. We will not make any additional charge for this further delivery provided you have reasonably tried to inform us by giving us not less than 72 hours notice that no one will be at the delivery address.
6.5 If we are unable to deliver the Products within 30 days of the Contract being formed or within three delivery attempts, whichever is earlier ("Delivery Date") for any reason, we shall notify you and reimburse any sum paid by you within a period of 30 days beginning with the date after the Delivery Date.
7 Risk and title
7.1 Subject to clause 7.2 below, you will become the owner of the Products you ordered and responsible for risk of loss or damage to them once they have been delivered to you. Our responsibility for everything other than damage due to our negligence will end on the date the Products are delivered.
7.2 Ownership of the Products shall not pass to you until we have received in full (cleared funds) all sums due to us in respect of the Products.
8 Your right to cancel
8.1 Under the Distance Selling Regulations 2000 you are given the right to return unwanted goods within a time period. This cooling off period gives you 7 working days in which to cancel your Contract without giving a reason. This cooling off period starts on the day after the day the Products are received by you. During this time you must inform us that you wish to cancel your Contract.
8.2 To cancel a Contract you must notify us by email at firstname.lastname@example.org , by telephone at 0808 156 6633 (UK) or 0766709854 (Ireland) or by fax on +1.440.235.3726 giving details of the Products concerned.
8.3 You should then return the Products to us, in secure packaging immediately to the following address: Vita-Mix Europe Ltd., c/o Sparks Transport, Wells Road, Glastonbury, Somerset BA6 9AG, United Kingdom.
8.4 You may be responsible for the cost of returning any Products to us. Alternatively, we can collect the Products from you, but you may have to pay the cost to us of recovering the Products.
8.5 You must take reasonable care to ensure that the Products and their packaging are not damaged, pending their return.
8.6 Within 30 (thirty) days of the date on which you notify us of cancellation of a Contract we will pay the refund to your original credit/debit card or mail a refund cheque to you. If your credit/debit card has expired during this time we will pay the refund by cheque. If we have already collected the Products ourselves, we shall be entitled to deduct the direct costs of recovering the Products from the amount to be credited to you.
8.7 We want you to be happy with your purchase so please check that it meets with your approval within the cooling off period. We may not accept returns of unwanted Products after this period has elapsed in which case the Products will deemed to have been accepted by you unless they are faulty or the Products are covered by a warranty.
8.8 For your protection we recommend, when returning the Products, you use a reputable delivery service that can provide evidence that they have delivered the Products back to us. Please ensure that the Products which are being returned are packed with sufficient care to ensure damage does not occur in transit. We will not be responsible for damage to returned Products caused by insufficient packaging. In most cases sufficient packaging means inside a span cardboard box with adequate internal cushioning around the Products.
9 Faulty Products and warranty issues
9.1 Please contact us immediately at email@example.com if you believe you have received faulty Products. Faults occurring after the 7 day cooling off period are still covered by the Sales of Good Act (1979) and by our warranty details of which can be located in the product literature with the Products.
9.2 After you have contacted us, we may be able to rectify the problem with the Products without the Products having to be returned to us. However, if this is not possible we will pay for faulty Products to be returned to our premises (UK only) and forwarded to you after replacement/repair, in accordance with any warranty you have with us. If Products returned during this period are found to be without faults or if a fault is caused by damage or misuse you will be responsible for paying our collection and subsequent delivery costs before they can be returned to you. If the fault is the result of damage or misuse you will be responsible for the cost of any repair or replacement that you request. Misuse includes (but is not limited to) failing to take reasonable care of the Products; defects due to improper installation, maintenance, use or abuse of the Products; alterations, modifications or repairs to the Products not authorised or made by us; use of parts not manufactured or supplied by us; and any operation of the Products in excess of the Products rating, specifications or intended use.
9.3 After the warranty has elapsed you are responsible for the cost of returning faulty Products. If a fault is found to have occurred due to accidental damage, misuse or expected wear and tear you will be informed of the cost of repair/replacement and return delivery. When payment is received the Products will be returned to you.
10 Our liability
10.1 If either we or you are in breach of any of these terms and conditions, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of such breach.
10.2 Unless set out in these terms and conditions, we will not be responsible for any loss or damage to the Products after you have taken delivery of them.
10.3 We cannot accept liability for losses that were not reasonably foreseeable by us when we agreed to supply you with the Products. Accordingly, our maximum liability to you in respect of any Contract will be limited to refunding you the price paid by you for the Products in question.
10.4 We warrant to you that any Products purchased from us through our site are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.5 The provisions of clauses 10.2 and 10.3 do not include or limit in any way our liability:
10.5.1 for death or personal injury caused by our negligence;
10.5.2 under section 2(3) of the Consumer Protection Act 1987;
10.5.3 for fraud or fraudulent misrepresentation; or
10.5.4 for any matter for which it would be unlawful for us to exclude, or attempt to exclude, our liability.
10.6 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not reasonably foreseeable by you and/or us, including but not limited to:
10.6.1 losses that were not caused by any breach on our part;
10.6.2 loss of income or revenue;
10.6.3 loss of business;
10.6.4 loss of profits or contracts;
10.6.5 loss of anticipated savings;
10.6.6 loss of data; or
10.6.7 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
10.7 Nothing in these terms shall affect the statutory rights of a consumer.
11 Import duty
11.1 If you order Products from us for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
12 Making a complaint
We welcome any form of feedback to help us to improve the service we offer. If you want to make a complaint please contact us at firstname.lastname@example.org . We endeavour to respond to all complaints within 7 working days. We will keep you informed as we handle your complaint and will in most cases be able to resolve this within 30 days. Claims may be reduced or rejected if we have not been given an opportunity to put matters right.
13 Intellectual property
13.1 All rights, including copyright, trademarks, names and logos used in relation to our website are owned by or controlled for these purposes by us. Nothing in these terms and conditions confers on you any licence or right under any of our trademarks, names or logos or those of any third party.
13.2 We reserve the right to issue legal proceedings against any companies or persons who copy any text, photographs, images, graphics, logos, button icons, trademarks or any part of this website. The content of our website is and remains the property of Vitamix Corporation, Inc.
14 Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us should be given to us by post at Vitamix Corporation, Inc., 8615 Usher Road, Cleveland, Ohio 44138, USA, Attn.: Customer Service or by email at email@example.com . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16 Transfer of rights and obligations
16.1 Any Contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17 Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1 Strikes, lock-outs or other industrial action.
17.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
17.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
17.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.2.5 Impossibility of the use of public or private telecommunications networks.
17.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
19.1 If any of these terms and conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining terms and conditions which will continue to be valid and enforceable to the fullest extent permissible by law.
19.2 These terms and conditions will be governed by the applicable laws of the United Kingdom. We will try to resolve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and want to take legal proceedings, you must do so in England, Scotland, Wales or Northern Ireland.