TABLE OF CONTENTS:
Article 1 - Definitions
The following terms in these terms and conditions are understood to mean:
- Reconsideration period: the period of time within which the consumer may exercise his/her right of revocation;
- Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance selling agreement with the entrepreneur;
- Day: calendar day;
- Continuing performance transaction: a distance selling agreement with respect to a series of products and/or services, the delivery- and/or purchase-obligation of which is spread out in time;
- Permanent data carrier: any means that enables the consumer or the entrepreneur to store information that is addressed to him/her personally in a manner that renders future reference and the unaltered reproduction of the stored information possible.
- Right of revocation: the option on the part of the consumer to abandon the distance selling agreement within the reconsideration period;
- Entrepreneur: the natural or legal person who offers products and/or service to consumers at a distance;
- Distance selling agreement: an agreement in which within the framework of a system that is organised by the entrepreneur for the purpose of the distance selling of products and/or services, up to and including the conclusion of the agreement, use is only made of one or more technologies for distance communication;
- Technology for distance communication: means that can be used for concluding an agreement, without the consumer and the entrepreneur having to be present in the same accommodation at the same time.
Article 2 - Identity of the entrepreneur
Rituals Cosmetics eCommerce BV, trading under the name of RITUALS
Correspondence address: PO Box 15500, 1001NA Amsterdam
Visiting address: Keizersgracht 683, Amsterdam
Telephone number: 917-265-8337
E-mail address: email@example.com
Chamber of Commerce number: 59751061
VAT identification number: 99-0372871
If the activity of the entrepreneur is subject to a relevant licensing system: the data concerning the supervisory authority:
If the entrepreneur exercises a regulated profession:
Article 3 - Applicability
- These general terms and conditions apply to every offer on the part of the entrepreneur and to every distance selling agreement between the entrepreneur and the consumer that comes about.
- The text of these general terms and conditions is to be made available to the consumer prior to concluding the distance selling agreement. Should this not be reasonably possible, then it will be indicated prior to concluding the distance selling agreement that the general terms and conditions are available for inspection at the entrepreneur and that these will be sent to the consumer as soon as possible and free of charge upon request.
- In the event that the distance selling agreement is concluded electronically, then the text of these general terms and conditions, contrary to that stated in the previous section and prior to concluding the distance selling agreement, can be made available to the consumer electronically in such a way that these can be easily stored by the consumer on a permanent data carrier. Should this not be reasonably possible, then it will be indicated prior to concluding the distance selling agreement where the general terms and conditions can be examined by electronic means and that these will be sent to the consumer by electronic means or in some other way free of charge upon request.
- In the event that specific product- or service conditions apply in addition to these general terms and conditions, then the second and third section will apply by analogy and the consumer can always rely on the most advantageous provision in the event of contradictory general terms and conditions.
Article 4 - The offer
- If an offer has a limited term of validity or is subject to certain conditions, then this will be explicitly indicated in the offer.
- The offer includes a full and accurate description of the products and/or services offered. The description is detailed enough to allow for an adequate assessment of the offer on the part of the consumer. If the entrepreneur makes use of illustrations, then these are a truthful representation of the products and/or services offered. The entrepreneur is not bound by obvious mistakes or obvious errors in the offer.
- Each offer contains information such that the consumer is clearly aware of the rights and obligations that will apply upon accepting the offer. This particularly concerns:
o the price, including taxes;
o the costs of delivery, if any;
o the manner in which the agreement will be concluded and which actions are required to that end;
o whether or not the right of revocation applies;
o the method of payment, delivery and execution of the agreement;
o the term within which the offer can be accepted, or the term within which the entrepreneur guarantees the specified price;
o how high the rate is that is charged for distance communication if the costs of the use of the technology for distance communication is calculated on a basis other than the normal basic rate for the means of communication used;
o whether or not the agreement is to be archived following its realisation, and if so, the manner in which the consumer can refer to the agreement;
o the manner in which the consumer, prior to concluding the agreement, can inspect and, if desired, correct the data that he/she has provided within the framework of the agreement;
o the other languages besides the Dutch language in which the agreement can be concluded, if applicable;
o the codes of conduct to which the entrepreneur has submitted himself and the manner in which the consumer can refer to these codes of conduct via electronic means; and
o the minimum duration of the distance selling agreement in the event of a continuing performance transaction.
Article 5 - The agreement
- The agreement, subject to that stipulated in section 4, is to come about once the consumer has accepted the offer and has complied with the terms and conditions that apply.
- If the consumer has accepted the offer via electronic means, then the entrepreneur is to immediately confirm the receipt of the acceptance of the offer via electronic means. The consumer can dissolve the agreement so long as the entrepreneur has not yet confirmed the receipt of this acceptance.
- If the agreement is concluded electronically, then the entrepreneur will take appropriate technical and organisational measures further to the security of the electronic transfer of data and will ensure a secure web environment. The entrepreneur will observe appropriate security measures to that end, if the consumer has the option to make payments via electronic means.
- The entrepreneur can enquire after the ability of the consumer to meet the payment obligations - such within the sphere of the law - as well as after all of the facts and factors that are relevant if one is to responsibly enter into a distance selling agreement. If the entrepreneur has sound reasons on the basis of this investigation not to enter into the agreement, then the entrepreneur, supported by reasons, has the right to refuse an order or a request or to attach specific conditions to the execution.
- Upon supplying the product or providing a service to the consumer, the entrepreneur will include the following information, either in writing or in such a way that the information can be stored by the consumer in an accessible manner on a permanent data carrier:
a. the visiting address of the branch of the entrepreneur that the consumer can contact in the event of complaints;
b. the terms and conditions subject to which and the manner in which the consumer can exercise the right of revocation, or it must be expressly stated that any right of revocation is excluded;
c. the information concerning guarantees and the available after-sales service;
d. the information included in article 4, section 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to implementing the agreement;
e. the requirements pertaining to the cancellation of the agreement if the duration of the agreement exceeds one year or applies for an indefinite period.
- The provision in the previous section only applies to the first delivery in the case of a continuing performance transaction.
Article 6 - Right of revocation
Concerning the delivery of products:
- The consumer has the option further to the purchase of products to dissolve the agreement within a period of 14 days without having to state the reasons. This reconsideration period will commence on the day following the day upon which the product is received by the consumer or by a representative as appointed by the consumer and made known to the entrepreneur in advance.
- The consumer will handle the product and the packaging with due care during the reconsideration period. The consumer will only remove the packaging or use the product insofar as necessary in order to assess whether he/she wishes to keep the product. If the consumer wishes to exercise the right of revocation, then he/she will return the product to the entrepreneur with all of the accessories and - if reasonably possible - in its original state and packaging, such in accordance with the reasonable and clear instructions as provided by the entrepreneur.
Concerning the provision of services:
- The consumer has the option further to the provision of services to dissolve the agreement within a period of 14 days, starting on the day upon which the agreement is concluded, without having to state the reasons.
- Upon exercising the right of revocation, the consumer will observe the reasonable and clear instructions as provided by the entrepreneur to that end at the time of the offer and/or not later than upon delivery.
Article 7 - Costs in the event of revocation
- If the consumer opts to exercise the right of revocation, then he/she will at most be charged the costs of the return shipment.
- If the consumer has already made a payment, then the entrepreneur will pay this amount back as soon as possible, yet not later than within 90 days after the return shipment or revocation.
Article 8 - Exclusion of the right of revocation
- The entrepreneur can exclude the right of revocation on the part of the consumer insofar as provided for in sections 2 and 3. The exclusion of the right of revocation only applies if the entrepreneur has explicitly stated the exclusion in the offer, or in any case, well in advance of concluding the agreement.
- The exclusion of the right of revocation is only possible for products:
a. that have been realised by the entrepreneur in accordance with the specifications of the consumer;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can quickly perish or become obsolete;
e. of which the price is subject to fluctuations on the financial market that the entrepreneur has no influence on;
f. for individual newspapers and magazines;
g. for audio- and video-recordings and computer software of which the consumer has broken the seal.
- The exclusion of the right of revocation is only possible for services:
a. concerning accommodation, transportation, restaurant services or leisure time on a certain date or during a certain period;
b. the provision of which commenced with the explicit approval of the consumer prior to the expiry of the reconsideration period;
c. concerning bets and lotteries.
Article 9 - The price
- The prices of the products and/or services offered will not be increased during the term of validity as specified in the offer, with the exception of price changes further to changes in VAT-rates.
- Contrary to that stated in the previous section, the entrepreneur may observe variable prices for products or services of which the prices are subject to fluctuations on the financial market that the entrepreneur has no influence on. These ties to fluctuations and the fact that the prices specified concern guide prices are to be stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if these are a consequence of statutory regulations or provisions.
- Price increases as from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated these and:
a. these are a consequence of statutory regulations or provisions; or
b. the consumer is authorised to cancel the agreement as of the day upon which the price increase applies.
- The prices specified in the offer regarding products or services are inclusive of VAT.
Article 10 - Conformity and Guarantee
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory regulations and/or government regulations that apply on the date of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for purposes other than normal.
- Any guarantee that is provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may exercise towards the entrepreneur on the basis of the agreement.
Article 11 - Delivery and execution
- The entrepreneur will observe the utmost care upon receiving and upon carrying out orders for products and upon assessing requests for the provision of services.
- The address that the consumer has provided to the company will be considered the address of delivery.
- Taking into account that which is stated in this regard in article 4 of these general terms and conditions, the company will fill accepted orders with due speed yet not later than within 30 days, unless a longer term of delivery has been agreed upon. If the delivery is delayed, or of a delivery cannot be made, or only partially, then the consumer will be notified accordingly not later than 30 days after having placed the order. The consumer will in that case have the right to dissolve the agreement free of charge and without any right to compensation for damages.
- In the event of the dissolution of the agreement in accordance with the previous section, the entrepreneur will reimburse the amount paid by the consumer as soon as possible yet not later than 30 days after the dissolution.
- In the event that the delivery of an ordered product is found to be impossible, the entrepreneur will make efforts to make a substitute article available. The delivery of a substitute article will be communicated clearly and comprehensively not later than at the time of delivery. The right of revocation cannot be excluded with respect to substitute articles. The costs of a return shipment, if applicable, are at the expense of the entrepreneur.
- The risk of damages to and/or the loss of products lies with the entrepreneur up until the time of delivery to the consumer or to a representative that has been appointed by the consumer and made known to the entrepreneur in advance, unless explicitly otherwise agreed upon.
Article 12 - Continuing performance transactions: duration, cancellation and extension
- The consumer has the right to cancel an agreement that has been concluded for an indefinite period and that concerns regular deliveries of products (including electricity) or services, at any time, taking into account the cancellation regulations and a term of notice of at least one month.
- The consumer has the right to cancel an agreement that has been concluded for a definite period and that concerns regular deliveries of products (including electricity) or services, at any time before the end of the definitive period, taking into account the cancellation regulations agreed upon to that end and a term of notice of at least one month.
- With respect to the agreements described in the previous sections, the consumer may:
o cancel the agreement at any time and cannot be limited to cancellation at any certain time or during any certain period;
o at least cancel these agreements in the same way as these agreements were concluded;
o at all times cancel these subject to the same term of notice that the entrepreneur has stipulated for himself;
- An agreement that has been concluded for a definitive period and that concerns the regular delivery of products (including electricity) or services, cannot be tacitly extended or renewed for a definitive period.
- Contrary to the previous section, an agreement that has been concluded for a definitive period and that concerns the regular delivery of newspapers, newsletters, journals and magazines may be tacitly renewed for a definitive period of a maximum of three months, if the consumer can cancel this renewed agreement before the end of the extension subject to a term of notice of no more than one month.
- An agreement that has been concluded for a definitive period and that concerns the regular delivery of products or services can only be tacitly renewed for an indefinite period if the consumer has the right to cancel the agreement at any time subject to a term of notice of no more than one month and a term of notice of no more than three months in the event that the agreement concerns the regular, yet with a frequency of less than once per month, delivery of newspapers, newsletters, journals and magazines.
- An agreement for a limited period concerning the regular delivery of newspapers, newsletters, journals and magazines for introductory purposes (trial- or introductory subscription) will not be tacitly renewed and will end automatically once the trial period or introductory period has ended.
- If the term of an agreement exceeds one year, then the consumer may cancel the agreement at any time after a period of one year, taking into account a term of notice of one month at most, unless the requirements of reasonableness and fairness dictate otherwise with respect to a cancellation prior to the end of the duration as agreed upon.
Article 13 - Payment
- Insofar as not otherwise agreed upon, any amounts owed by the consumer are to be paid within 14 days after the reconsideration period as referred to in article 6, section 1, has commenced. This term will commence after the consumer has received a confirmation of the agreement in the case of an agreement further to the provision of a service.
- With respect to the sales of products to consumers, the general terms and conditions may not under any circumstances stipulate an advance payment of more than 50%. If advance payments have been stipulated, then the consumer cannot exercise any right further to the execution of the order or service(s) concerned until the advance payment as stipulated has been made
- The consumer is under the obligation to immediately inform the entrepreneur of any inaccuracies in the payment particulars provided or specified.
- The entrepreneur has the right in the event of failure to pay on the part of the consumer to charge the consumer the reasonable costs as made known to the consumer in advance, such subject to statutory limitations.
Article 14 - Terms & Conditions My Rituals USA
- SIGN UP, EDIT & UNSUBSCRIBE
- PERSONAL DETAILS
- SMS/TEXT MESSAGES FROM MY RITUALS
If you join the My Rituals Loyalty Program (the “Program”), you will receive personalized offers and surprises - collecting meaningful moments. These personalized offers and surprises are based on your online purchases and purchases in official Rituals stores in participating countries. When you purchase Rituals products from our partners, such as warehouses and shop-in-shops, or in countries other than participating countries, these will not be registered to your account.
Membership in the Program is open only to individuals who are legal residents of the fifty (50) United States, who are at least eighteen (18) years of age as of the date of enrollment and have the capacity to enter into a binding contract. Any person whose access to the Rituals website or mobile app has been terminated or suspended by Rituals is NOT eligible to participate in the Program. Program is void elsewhere and where prohibited. Corporations, resellers, or other entities or organizations of any kind are not eligible for the Program. It will be considered fraudulent for any individual, company, club, association or group to use or to direct, encourage, or allow other persons to use a single account for the purpose of accumulating or aggregating rewards for combined use, unless such use is expressly permitted by Rituals.
Benefits of joining are:
- Welcome gift upon completion of your registration when you make your first purchase (in store or online by means of the voucher in the welcome e-mail); Maximum one welcome gift per My Rituals member.
- A gift when you spend more than the minimum purchase amount as further explained in our instore communication or online on the promotions page (whilst stocks last, max 1 gift per purchase online and in store. The Premium and Deluxe gift with purchase are only available online. Not in combination with other promotions, threshold amount fluctuates per campaign and per gift);
- A birthday gift provided you share the date of your birthday (day and month only) with us (voucher to be redeemed within 14 days from the email receipt date). You will receive this gift with any purchase online or in a standalone Rituals store in the US. Not available in Rituals wholesale partner locations or airports. The gift is non-refundable or exchangeable for a cash alternative. One gift per My Rituals member only;
- Personalized offers based on your previous purchases and online user behavior;
- If you agreed to this: special text messages with invitations or offers (please see below under My Rituals SMS);
- Invitations to special events;
- Possible savings deals, where the applicable terms will be explained per deal.
Offers or surprises cannot be valued in monetary terms, cannot be exchanged for money and cannot be passed on to others.
You can sign up in various different ways:
- In official Rituals stores in the countries where the My Rituals loyalty program has been rolled out;
- Via text message;
- In the Rituals App
You can always change your contact information, password and certain profile details by logging in via your My Rituals account. You can also change your account details in stores with the help of store personnel. Alternatively, our customer service will be happy to help you. In every direct marketing email we send you, we will always offer you an opt-out.
Subject to your express consent, we (or our contractors) may send to you marketing and promotional text messages using an automatic telephone dialing system (“My Rituals SMS”). Such My Rituals SMS will be sent to the mobile phone number you provide to Rituals, as part of your enrollment or subsequently when you sign up for My Rituals SMS text messaging and will be limited to a maximum of 8 per year. You understand that your consent is not required to make a purchase from Rituals or to participate in My Rituals and that you may withdraw your consent at any time. To withdraw your consent and opt-out of text messages of My Rituals, text ‘STOP’ to 85004 at any time. Please note that you may receive one additional SMS confirming your opt-out.
If you require assistance with the My Rituals SMS, you can either text the word ‘HELP’ to 85004 or call 917-265-8337 or email firstname.lastname@example.org at any time.
Alternatively, you can also change your communication preferences, including SMS text message preferences in your online account or by contacting our customer service department via the contact form. In the contact form you can select ‘My account’ as subject, followed by ‘My Rituals’ when asked what your question is about. When emailing or calling for support, please be sure to include your mobile number and a detailed description of your question or support issue.
You must be 18 or older to participate in My Rituals' SMS. Message and standard message and data rates applied by your mobile phone carrier may apply. For details about data rates please contact your mobile phone carrier. Please note that not all mobile phone carriers are supported by My Rituals SMS. My Rituals is not responsible for incomplete, lost, delayed, or misdirected messages, including, but not limited to, undelivered messages resulting from any form of filtering by your mobile carrier or service provider, and cannot guarantee that each user will receive the benefit of the My Rituals SMS Program for each SMS sent. Carriers are not liable for delayed or undelivered messages.
My Rituals reserves the right, in its sole discretion, to cancel or suspend any or all of its My Rituals SMS Program, in whole or in part, for any reason, with or without notice to you.
By opting in to the My Rituals SMS Program, you represent that the mobile number for which you have opted-in, is one for which you are authorized to provide consent to receive SMS from My Rituals. You agree that if and before you disconnect or transfer your mobile number, you will opt-out that number from My Rituals SMS Program.
Membership in the Program is for an indefinite period. Rituals maintains the right to alter the general terms and conditions and the contents of the Program at any given moment. You will always be informed prior to any material changes and possible effects thereof.
If for some reason you do not agree with the changes, you are free to end your membership in the Program. If you continue to participate in the Program you will be deemed to have accepted such changes. Rewards and offers under the Program expire on the date indicated in your Program account or other applicable Membership or benefit terms.
You can cancel your membership in the Program at any time by sending an email to our customer service department via the contact form. In the contact form you can select ‘My account’ as subject, and followed by ‘My Rituals’ when asked what your question is about. You can also contact us with any other questions via this method.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of our terms and conditions, this Article 14 or any other Program terms, conditions or policies, we also may terminate your membership in the Program at any time without notice.
Cancelation and termination of your membership in the Program is final and will not be rescinded or reversed. Upon cancelation or termination of your Program membership, all accrued points and rewards will terminate immediately, and you will no longer have access to any Program rewards or benefits.
DISCLAIMER OF WARRANTIES
Rituals makes no warranties or representations, either expressed or implied, with respect to type, quality or fitness of goods or services provided through the Program.
LIMITATION ON LIABILITY
Rituals will not be liable for (a) any loss or misdirection of, or delay in receiving, any Program application, registration link, membership documents, account access, communication, notice, rewards or other benefits; (b) theft or unauthorized redemption or use of rewards, points or benefits under the Program; (c) any acts or omissions of third parties; or (d) any errors published in relation to the Program, including, without limitation, any pricing or typographical errors, errors of description and errors in the crediting or debiting rewards or points. Rituals reserves the right to correct, without notice, any errors.
IN NO CASE SHALL RITUALS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOST PROFITS, LOST REVENUE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM OR RELATING TO THE PROGRAM, ANY PROGRAM TERMS OR RULES, OUR OPERATION OF THE PROGRAM OR YOUR PARTICIPATION IN OR USE OF THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Applicable Law and Venue for Disputes under the Program
The failure of us to exercise or enforce any right or provision herein shall not constitute a waiver of such right or provision. In the event that any provision herein is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms and conditions, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Notwithstanding any other term to the contrary (including other terms the Rituals general terms and conditions), New York state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern this Article 14 and any Program rules, terms and policies. Foreign laws do not apply. Any disputes arising out of or relating to this Article 14 or the Program will be heard in the courts in and for New York, NY, USA.
Entire Agreement; Conflicts
The Rituals general terms and conditions, including this Article 14, together with any other terms and conditions or rules incorporated herein or referred to herein constitute the entire agreement between you and Rituals relating to the Program, and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Rituals. In the event of a conflict between this Article 14 and any other term in the general terms and conditions, this Article 14 shall control with respect to the Program.
Article 15 - Complaints procedure
- The entrepreneur observes a complaints procedure that has been adequately communicated and will handle any complaint in accordance with this complaints procedure.
- Complaints regarding the implementation of the agreement are to be lodged with the entrepreneur in clear and comprehensive terms within due time as soon as the consumer has discovered the shortcomings.
- Any complaints lodged with the entrepreneur will be answered within a period of 14 days starting from the date of receipt. If it can be expected that a complaint will require a longer processing period, then the entrepreneur will send confirmation of receipt within the term of 14 days, along with an indication of when the consumer can expect a more comprehensive answer.
- If the complaint cannot be solved in mutual consultation, then this will result in a dispute that is susceptible to the arbitration rules.
Article 16 - Disputes
All of the agreements between the consumer and the entrepreneur to which these general terms and conditions apply are subject to Dutch law alone.
Article 17 - Additional or deviating stipulations
Any stipulations that deviate to or are supplementary to these general terms and conditions may not be to the disadvantage of the consumer and are to be laid down in writing or laid down in such a way that these can be stored by the consumer on a permanent data carrier in an easily accessible fashion.