Terms and Conditions

TERMS AND CONDITIONS

Article 1 – Definitions

The following definitions apply in these Terms and Conditions:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal;

Consumer: a natural person who is not acting for purposes related to their trade, business, craft or profession and who enters into a distance contract with the entrepreneur;

Day: a calendar day;

Continuous transaction: a distance contract relating to a series of products and/or services for which the delivery and/or purchase obligations are spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information;

Right of withdrawal: the consumer’s right to cancel a distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded between the entrepreneur and the consumer under an organised distance-sales system, using exclusively one or more means of distance communication up to and including the time at which the contract is concluded;

Means of distance communication: any means that can be used to conclude a contract without the consumer and the entrepreneur being in the same place at the same time;

Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

BLENDED [RITUAL]

Nieuwe Rijn 27 a
2312 JD Leiden
The Netherlands

Email address: drink@blendedritual.com

Dutch Chamber of Commerce number: 75826054

VAT identification number: NL175385701B02

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before a distance contract is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the General Terms and Conditions can be viewed at the entrepreneur’s premises. They will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these General Terms and Conditions may, notwithstanding the previous paragraph, be made available to the consumer electronically before the distance contract is concluded, in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the entrepreneur will indicate where the General Terms and Conditions can be viewed electronically. They will be sent to the consumer electronically or by other means, free of charge, upon request.
If specific product or service conditions apply in addition to these General Terms and Conditions, paragraphs 2 and 3 apply accordingly. In the event of conflicting conditions, the consumer may rely on the applicable provision that is most favourable to them.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially invalid or void, the remainder of the contract and these General Terms and Conditions will remain in force. The provision in question will be replaced without delay by a provision that reflects the purpose of the original provision as closely as possible.
Matters not governed by these General Terms and Conditions must be assessed in accordance with the spirit of these General Terms and Conditions.
Any uncertainty regarding the interpretation or content of one or more provisions of these General Terms and Conditions must be resolved in accordance with the spirit of these General Terms and Conditions.

Article 4 – The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to amend or withdraw the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications and other information in the offer are indicative and cannot give rise to compensation or termination of the contract.
Product images are a true representation of the products offered. However, the entrepreneur cannot guarantee that displayed colours will exactly match the actual colours of the products.
Each offer contains sufficient information to make it clear to the consumer which rights and obligations are attached to accepting the offer. This concerns, in particular:

the price, including taxes;
any shipping costs;
the manner in which the contract will be concluded and the actions required to do so;
whether the right of withdrawal applies;
the methods of payment, delivery and performance of the contract;
the period for accepting the offer or the period during which the entrepreneur guarantees the price;
the applicable rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the standard basic rate for the means of communication used;
whether the contract will be archived after it is concluded and, if so, how the consumer can access it;
how the consumer can check and, if necessary, correct the information they have provided before concluding the contract;
any languages other than Dutch in which the contract may be concluded;
the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically; and
the minimum duration of the distance contract in the case of a continuous transaction.

Article 5 – The contract

Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and fulfils the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. Until the entrepreneur has confirmed receipt of the acceptance, the consumer may terminate the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
Within the limits permitted by law, the entrepreneur may investigate whether the consumer can meet their payment obligations and consider any facts and factors relevant to responsibly concluding the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the contract, the entrepreneur is entitled to refuse an order or request, or to attach special conditions to its performance.
The entrepreneur will provide the consumer with the following information, in writing or in a form that allows the consumer to store it accessibly on a durable medium, no later than upon delivery of the product or service:
1. the address of the entrepreneur’s business premises where the consumer can submit complaints;
2. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of that right;
3. information about warranties and available after-sales service;
4. the information referred to in Article 4, paragraph 6, unless the entrepreneur has already provided this information to the consumer before performance of the contract; and
5. the requirements for cancelling the contract if it has a duration of more than one year or is of indefinite duration.
In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.
Every contract is concluded subject to the condition that the relevant products are sufficiently available.

Article 6 – Right of withdrawal

When purchasing products, the consumer may terminate the contract without giving any reason within 14 days. The cooling-off period begins on the day after the product is received by the consumer or by a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may unpack or use the product only to the extent necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, they must return the product to the entrepreneur with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must provide this notification in writing or by email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must be able to demonstrate that the product was returned on time, for example by providing proof of postage.
If, after the periods referred to above have expired, the consumer has not notified the entrepreneur that they wish to exercise the right of withdrawal, or has not returned the product, the purchase becomes final.

Article 7 – Costs in the event of withdrawal

If the consumer exercises the right of withdrawal, the consumer is responsible for the cost of returning the product.
If the consumer has paid an amount, the entrepreneur will refund it as soon as possible and no later than 14 days after the withdrawal. The entrepreneur may withhold the refund until the product has been received or the consumer has provided conclusive proof that the product has been returned in full.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for the products and services described below, but only if the entrepreneur clearly stated this in the offer before the contract was concluded.
The right of withdrawal may be excluded for products:
1. manufactured in accordance with the consumer’s specifications;
2. that are clearly personal in nature;
3. that cannot be returned due to their nature;
4. that spoil or deteriorate rapidly;
5. whose price depends on fluctuations in the financial market over which the entrepreneur has no control;
6. consisting of individual newspapers or magazines;
7. consisting of audio or video recordings or computer software whose seal has been broken by the consumer; or
8. consisting of sealed products that are unsuitable for return for reasons of health protection or hygiene and whose seal has been broken by the consumer.
The right of withdrawal may be excluded for services:
1. relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
2. whose performance began with the consumer’s express consent before the cooling-off period expired; or
3. relating to betting and lotteries.

Article 9 – The price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services at variable prices if those prices are subject to fluctuations in the financial market over which the entrepreneur has no control. The offer will state that prices are linked to these fluctuations and that any prices quoted are indicative.
Price increases within three months after the contract is concluded are permitted only if they result from statutory regulations or provisions.
Price increases more than three months after the contract is concluded are permitted only if the entrepreneur has stipulated this and:

they result from statutory regulations or provisions; or
the consumer is entitled to terminate the contract on the date on which the price increase takes effect.

The prices stated in the offer include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of an obvious pricing error, the entrepreneur is not obliged to supply the product at the incorrect price.

Article 10 – Conformity and warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations in force on the date on which the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for a specific use other than normal use.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the contract.
Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is not responsible for the ultimate suitability of a product for every individual application by the consumer, or for any advice regarding the use or application of the product.
The warranty does not apply if:

the consumer has repaired or modified the delivered products, or has had them repaired or modified by a third party;
the delivered products have been exposed to abnormal conditions, have otherwise been treated carelessly, or have been handled contrary to the entrepreneur’s instructions and/or the instructions on the packaging; or
the defect is wholly or partly the result of regulations imposed by the government concerning the nature or quality of the materials used.

Article 11 – Delivery and performance

The entrepreneur will exercise the greatest possible care when receiving and fulfilling orders for products.
The place of delivery is the address provided by the consumer to the entrepreneur.
Taking into account the provisions of Article 4, the entrepreneur will fulfil accepted orders without undue delay and no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can be fulfilled only in part, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer is entitled to terminate the contract without charge and may be entitled to compensation.
If the contract is terminated in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible and no later than 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur will endeavour to provide a replacement product. The consumer will be informed clearly and comprehensibly, no later than upon delivery, that a replacement product is being supplied. The right of withdrawal cannot be excluded for replacement products. The entrepreneur will bear the cost of returning a replacement product.
The risk of damage to and/or loss of products remains with the entrepreneur until delivery to the consumer or to a representative designated in advance by the consumer and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuous transactions: duration, cancellation and extension

Cancellation

The consumer may cancel a contract concluded for an indefinite period that provides for the regular delivery of products, including electricity, or services at any time, subject to the agreed cancellation rules and a notice period not exceeding one month.
The consumer may cancel a fixed-term contract that provides for the regular delivery of products, including electricity, or services at the end of the fixed term, subject to the agreed cancellation rules and a notice period not exceeding one month.
The consumer may cancel the contracts referred to in the previous paragraphs:

at any time and without being restricted to cancellation at a specific time or during a specific period;
in at least the same manner as the contract was concluded; and
with the same notice period as the entrepreneur has stipulated for themselves.

Extension

A fixed-term contract that provides for the regular delivery of products, including electricity, or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers or magazines may be tacitly renewed for a fixed term of no more than three months, provided that the consumer can terminate the renewed contract at the end of the renewal period with a notice period not exceeding one month.
A fixed-term contract that provides for the regular delivery of products or services may be tacitly renewed for an indefinite period only if the consumer can cancel it at any time with a notice period not exceeding one month. A notice period not exceeding three months may apply if the contract provides for the regular delivery of daily or weekly newspapers or magazines less than once a month.
A fixed-term contract for the introductory delivery of daily or weekly newspapers or magazines as part of a trial or introductory subscription will not be tacitly continued and will end automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may cancel it at any time after one year with a notice period not exceeding one month, unless reasonableness and fairness preclude cancellation before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.
The consumer must immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
If the consumer fails to pay, the entrepreneur is entitled, subject to legal restrictions, to charge reasonable costs that were disclosed to the consumer in advance.

Article 14 – Complaints procedure

Complaints concerning the performance of the contract must be submitted to the entrepreneur within seven days after the consumer discovers the defect. Complaints must be described fully and clearly.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a longer processing time, the entrepreneur will acknowledge receipt within 14 days and indicate when the consumer can expect a more detailed response.
If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the applicable dispute-resolution procedure.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.
If the entrepreneur considers a complaint justified, the entrepreneur will, at their discretion, repair or replace the delivered product free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these General Terms and Conditions apply are governed exclusively by Dutch law, even if the consumer lives outside the Netherlands.