Preliminary Provisions
These general terms and conditions of sale govern, in particular, all the steps necessary for placing an order for Chefimix products sold and their follow-up, at the address https://www.chefimix.com/ (hereinafter "the Site"), between the company CAPRI BENAL LIMITED (hereinafter "the Seller") and consumer customers, non-professionals (hereinafter "the Customers").
These general terms and conditions in force at the date of the order form an indivisible whole with the general terms of use of the site https://www.chefimix.com/.
Validation of the order by the Customer constitutes unreserved acceptance of the aforementioned indivisible whole.
These general terms and conditions of sale shall prevail over all general conditions that contradict its provisions.
They are enforceable against Customers from the time they are posted online and cannot apply to previous orders.
The Seller is in no way affiliated with the company Vorwerk, which is the sole owner and operator of the Thermomix brand.
The Chefimix site is independent, and the mention of the Thermomix brand is only intended to illustrate the compatibility of Chefimix products with Thermomix cooking robots.
Purpose
These general terms and conditions are intended to define the conditions under which the sale of Chefimix products is carried out on the Site.
Chefimix products are kitchen utensils and accessories compatible with Thermomix brand food processors.
Essential Features of Chefimix Products
Prior to any order, the Chefimix products offered for sale are described on the Site. Their price as well as all essential information are indicated directly on the Site.
For any additional information on the product(s), the Customer may contact the Seller at the following email address: info@chefimix.com
Orders are placed exclusively on the Website, from an online product catalog, subject to stock availability at the time of order.
The Seller reserves the right to suspend, cancel, and/or refuse an order that appears to be fraudulent.
The Seller also reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in the event of non-payment of any amount due by the customer, or in the event of a current or previous payment incident.
Financial Conditions
4.1 Price
The applicable product price is the one in effect in the Site's catalog at the time the order is confirmed. It is stated in the currency applicable in the Customer's country of order, and is calculated inclusive of all charges, excluding shipping fees.
The Seller reserves the right to change the price of its products at any time.
Payment Terms
Payment for orders placed on the Site is due immediately and in full upon order confirmation.
The price is paid by the Customer through secure payment by bank card or by PayPal.
All payments are secured through the use of encryption technologies compliant with current standards. In the event of a transaction refusal by the Customer's banking institution, the order will be automatically canceled.
Delivery
Products may be invoiced and delivered to the following territories:
France, Germany, Poland, Belgium, Italy, Spain, United Kingdom, Switzerland, Luxembourg, Netherlands, Canada, United States, Australia.
Delivery is carried out by a local carrier, to the Customer directly or to any person of their choice who is clearly identified.
The product is shipped to the address provided by the Customer in the form dedicated for this purpose during the ordering process.
In the event of an unjustified delivery delay beyond the timeframe indicated at the time of order, the Customer may request the cancellation of the order. To do so, they must formally notify the Seller by email at the following address: info@chefimix.com, to carry out the delivery within a reasonable additional timeframe.
If the delivery has still not been made at the end of this new period, the Customer may cancel their order under the same conditions. The contract will be considered terminated upon receipt by the Seller of the cancellation notice, unless the delivery has taken place in the meantime.
For returns, please refer to the "Return Policy" on the Site: https://www.chefimix.shop/refund-and-return/
Ownership and Transfer of Risks
The Seller retains full and complete ownership of the products sold until full payment of the price by the Customer.
As long as this payment has not been fully completed, the Seller reserves the right to demand the return of said products. In the event of a return, and subject to receipt of the product in perfect condition, including functionality, the Seller may refund any amounts that have been received.
The transfer of risks occurs at the moment when the Customer, or any third party designated by them, takes physical possession of the product.
Product Receipt
Upon receipt of their order, the Customer is required to check, in the presence of the carrier, the condition of the packaging as well as that of the delivered products, and to ensure their conformity with the order.
If the packaging is damaged (notably crushed, torn, or opened) at the time of delivery, the Customer must imperatively check the condition of the products inside. In case of damage, it is their responsibility to refuse the delivery by writing precise and justified reservations on the delivery note, in the form of handwritten remarks accompanied by their signature (e.g., broken product, incomplete package, missing item, etc.).
This verification is considered completed as soon as the Customer or any person authorized by them has signed the delivery note, or has accepted the delivery.
The Customer must confirm their reservations to the carrier by registered letter with acknowledgment of receipt, within a maximum period of three (3) calendar days from the receipt of the package, excluding public holidays.
A copy of this claim must also be sent to the Seller at the following email address: info@chefimix.com.
For any apparent defect or any non-compliance of the delivered product with the order, the Customer is invited to promptly contact Customer Service at the following address: info@chefimix.com.
Product Warranties
The Seller assures the Customer of the legal B2C guarantees (European and local), thereby excluding legal entities or individuals acting for professional purposes related to their commercial, industrial, artisanal, liberal, or agricultural activity.
In this regard, the Seller warrants the Customer against conformity defects and hidden defects affecting the products. The warranty does not cover products that have suffered damage subsequent to delivery, in particular in cases of misuse or mistreatment.
Products that have been modified (except for customization under the Conformity and Hidden Defects warranty) or repaired by the Customer are also excluded from the warranty.
8.1 Warranty of Conformity
In conformity in particular with Directive (EU) 2019/771 of the European Parliament and of the Council on certain aspects of contracts for the sale of goods, the consumer has a period of two (2) years from the delivery of the product to assert this warranty.
The Seller applies this warranty to all its customers, even outside the EU.
To invoke this warranty, the Customer must contact the Seller at the following email address: info@chefimix.com.
The legal warranty of conformity gives the consumer Customer the right to a replacement of the product within thirty (30) days following their request.
The Customer may obtain a full refund against return of the Product if:
- The Seller refuses or is unable to replace the Product;
- The replacement of the Product occurs after a period of thirty (30) days.
8.2 Warranty Against Hidden Defects (Customers from the European Union/UK, Switzerland, and Canada)
The Seller is bound by the legal warranty against hidden defects as defined by the applicable provisions in the consumer's country. A hidden defect is a flaw that is not apparent at the time of purchase, which renders the product unfit for its intended use, or so diminishes its use that the buyer would not have acquired it, or would have paid a lower price if they had known about it.
The warranty period is 2 years from the discovery of the defect. This warranty entitles the Customer to a full refund against return of the product.
8.3 Implementation of Warranties
To invoke a warranty, the Customer must contact customer service at the following address: info@chefimix.com, providing:
- A proof of purchase (invoice or order confirmation);
- A detailed description of the observed defect;
- Photos or videos.
Return shipping costs are borne by the Seller in the event of a confirmed defect.
8.4 Applicable Law
These warranties are implemented without prejudice to the mandatory law of the consumer's country of residence, in particular in accordance with Article 6(2) of Regulation (EC) No 593/2008 (Rome I) for EU customers, the Consumer Rights Act 2015 for the United Kingdom, and the consumer protection laws in force in the provinces of Canada.
Right of Withdrawal
The right of withdrawal may be exercised by sending an unambiguous declaration by email to info@chefimix.com.
The Customer bears the return shipping costs for the Product(s).
Exceptions to the right of withdrawal: In accordance notably with Article L.221-28 of the Consumer Code (France) and equivalent texts in other countries, certain Products are not subject to a right of withdrawal, including:
- Custom-made or made-to-order products;
- Products modified, altered, or damaged by the Customer.
9.1 Right of Withdrawal for Customers from the European Union and UK
In accordance with Directive 2011/83/EU on consumer rights, and in particular its Article 40, customers residing in a member country of the European Union have a withdrawal period expiring at the end of fourteen calendar days from the receipt of the Product, without having to provide a reason or pay any penalties.
Furthermore, the Customer may be able to exercise their right of withdrawal before physically taking possession of the product if they so wish.
The Product must be returned in its original and complete condition (packaging, accessories, manual, etc.) within fourteen (14) days following the communication of the withdrawal decision. The refund will include the price of the Product and will be processed within fourteen (14) days from the receipt of the Product.
9.2 Return Policy for Canadian and Swiss Customers
Canadian consumers do not have a legal 14-day withdrawal right applicable to all distance purchases. However, as a voluntary commercial gesture, the Seller offers its Canadian and Swiss Customers a return period of fourteen (14) days following the receipt of the Product to request an exchange or a refund.
Products must be returned in their original condition, complete, unused, and in their original packaging, within fourteen days following the notification of the withdrawal decision.
9.3 Return Procedure Within the Withdrawal Period
To initiate a withdrawal, the Customer must contact customer service at the following address: info@chefimix.com, indicating:
- The order number;
- The Product(s) concerned;
- The reason for the return (optional for EU customers).
A return number and corresponding instructions will be provided. No returns will be accepted without a return number.
Protection of Personal Data
As part of the sale of its products, the Seller collects and processes customers' personal data. The collection and processing of this data comply with the applicable legal obligations, notably:
- Regulation (EU) 2016/679 of April 27, 2016, relating to data protection (GDPR) for customers located in the European Union;
- UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018 for customers in the United Kingdom;
- The Personal Information Protection and Electronic Documents Act (PIPEDA) for customers located in Canada.
10.1 Purposes of the Processing
The data collected is used to:
- Process and deliver orders,
- Manage customer service,
- Manage invoicing and accounting,
- Improve the user experience,
- Send commercial communications, if the customer has expressly consented.
10.2 Legal Basis for Processing (GDPR)
The processing of data is based on:
- The performance of a sales contract,
- The customer's consent for marketing communications,
- The Seller's legitimate interest to prevent fraud and improve its services.
10.3 Data Collected
The following data may be collected: last name, first name, postal address, email address, phone number, order history, and payment information (managed through a secure provider).
10.4 Retention Period
The data is retained:
- For the duration necessary for the execution of the contract and compliance with legal obligations (e.g., tax-related),
- And for a maximum of 3 years after the end of the commercial relationship for commercial prospecting purposes, unless the customer objects.
10.5 User Rights
Each customer has the following rights:
- Right of access, rectification, and erasure,
- Right to restriction of processing, objection, and portability of their data (under the conditions provided by law),
- Right to withdraw their consent at any time (without retroactive effect),
- Right to lodge a complaint with a supervisory authority (e.g., CNIL in France, Office of the Privacy Commissioner in Canada, ICO in the United Kingdom).
These rights may be exercised by writing to: 📧 info@chefimix.com
Applicable Law and Dispute Resolution
In the event of a dispute, an amicable solution will be sought as a priority by the parties.
In the absence of an agreement, any dispute relating to the interpretation, validity, or execution of these General Terms and Conditions shall be subject to the law and competent courts of Hong Kong, unless otherwise provided by mandatory provisions of the applicable law in the country of residence of the consumer Customer, which may provide for the exclusive jurisdiction of the courts of the consumer's domicile.
