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General conditions

ARTICLE 1 Definitions Inthese general terms and conditions, the following terms, always capitalized, are used with the meanings set forth below.

  1. Sapje B.V.: the party to these terms and conditions, located at Aalsmeerderweg 285J, 1432CN Aalsmeer, registered in the Commercial Register under Chamber of Commerce number 80653650.
  2. Customer: any natural or legal person with whom Dr.Blend has entered into or intends to enter into an Agreement.
  3. Consumer: a Customer who is a natural person and is not acting in the course of a trade or business.
  4. Parties: Dr.Blend and the Customer jointly.
  5. Agreement: any agreement entered into between the Parties under which Dr.Blend has undertaken to supply Products to the Customer.
  6. Subscription: an Agreement for the regular delivery of Products.
  7. Products: all items to be delivered by Dr.Blend to the Customer under the Agreement, which may include juice blends and detox programs.
  8. Website: www.dr-blend.com
  9. In writing: in addition to traditional written communication, communication via email or any other means of communication that, in light of the state of the art and generally accepted social norms, may be considered equivalent thereto.
ARTICLE 2 General Provisions

  1. These Terms and Conditions apply to every offer made by Dr.Blend and every Agreement.
  2. Any purchasing terms and conditions or other general terms and conditions of the Customer shall not apply to this Agreement.
  3. The invalidity or nullity of one or more provisions of these General Terms and Conditions or the Agreement as a whole shall not affect the validity of the remaining provisions. In such a case, the Parties are obligated to consult with each other in order to agree on a replacement provision for the affected clause. In doing so, the purpose and intent of the original provision shall be taken into account as much as possible.
ARTICLE 3 Offers and Formation of Contracts

  1. All offers made by Dr.Blend are non-binding and subject to the availability of the Products offered. In the unlikely event that the Products offered are unavailable, Dr.Blend may revoke its offer immediately after the Customer has accepted it. If, in such a case, payment has already been made by the Customer, Dr.Blend will arrange for a refund without delay.
  2. An order must consist of at least 14 products.
  3. The Customer may not derive any rights from an offer by Dr.Blend that contains an obvious error or mistake.
  4. Without prejudice to the provisions of paragraph 1, each Agreement is concluded at the moment the Customer accepts Dr.Blend’s offer in the manner specified by Dr.Blend on the Website.
  5. Dr.Blend will confirm the conclusion of the Agreement by email as soon as possible, without prejudice to the provisions of paragraph 1.
  6. If the Customer enters into the Agreement on behalf of another natural or legal person, the Customer hereby declares that he is authorized to do so by entering into the Agreement. The Customer is jointly and severally liable with that natural or legal person for the fulfillment of the obligations under that Agreement.In the case of a single order for Products, the Customer may modify the order by email (support@dr-blend.com) or by phone up to 24 hours prior to the scheduled delivery by specifying a different delivery date and/or time. Within the same timeframe and in a similar manner, the Customer may still change the contents of the order, provided that the order still consists of at least 14 Products. The provisions of the following article apply to changes to deliveries under Subscriptions. These general terms and conditions also apply to amended Agreements (including Subscriptions).
ARTICLE 4 Subscription Terms and Conditions

  1. Subscriptions provide for the regular delivery of Products at a discount compared to one-time orders. The Customer may choose from three different Subscriptions, namely “6 Deliveries” and “12 Deliveries,” under which the Customer is entitled to the delivery of one order per corresponding number of months. However, the Customer may postpone (“pause”) a scheduled monthly delivery for up to eight weeks; each scheduled delivery may therefore be paused by the Customer for up to eight weeks.
  2. If the Customer pauses the Subscription, the number of payment and delivery dates will be reduced proportionally, provided that: a) in the case of the “12 Deliveries” Subscription, the Customer must receive at least 9 deliveries; b) in the case of the “6 Deliveries” Subscription, the Customer must receive at least 5 deliveries.
  3. Five days before each scheduled delivery, the Customer will receive a reminder email so that they can still change the delivery date and/or time, as well as the delivery address, in a timely manner. The delivery date and/or time and/or delivery address can be changed until 11:59 a.m. on the day prior to the scheduled delivery date. Under the Customer’s account on the Website, the Customer can change the delivery date and/or time under the “Manage Subscription” heading. The delivery address can be changed under the “Addresses” heading.
  4. Subscriptions may be canceled after the Customer has received the minimum number of deliveries specified in paragraph 1. The Customer must cancel the Subscription by email (support@dr-blend.com). Cancellation must occur no later than the day the Customer receives the reminder email referred to in paragraph 2. If cancellation is not made in a timely manner, one more delivery and payment will take place. If the Customer does not cancel the Subscription and the minimum number of deliveries has already been received, the Subscription will be automatically renewed. The Customer can disable the automatic renewal of the Subscription under “Subscription Management” in their account on the Website by turning off “auto renew.” The Customer may also disable the automatic renewal of the Subscription by email (support@dr-blend.com), stating a notice to that effect and including at least their name and address details.
  5. A tacitly renewed Subscription may be canceled prior to each new delivery, no later than the day the Customer receives the reminder email referred to in paragraph 2.
  6. The Customer may modify their Subscription at any time prior to each new delivery, no later than the day on which the Customer receives the reminder email referred to in paragraph 2. Both the subscription type (“3 Deliveries,” “6 Deliveries,” or “12 Deliveries”), the number of Products, and the flavors may be changed, provided that each delivery still consists of at least 14 Products. Under the Customer’s account on the Website, the Customer may modify the Subscription under the heading “modify subscription.”
  7. Changing the subscription plan before the minimum number of deliveries has been received is only possible if the change involves an upgrade to a subscription plan with a higher delivery frequency. If the Customer changes the subscription plan, this shall be deemed a cancellation of the old subscription plan and the establishment of a new Subscription, to which the provisions of the preceding paragraphs of this article apply mutatis mutandis.
  8. Discount codes cannot be used in conjunction with a subscription.
ARTICLE 5 No Right of Cancellation or Return

  1. The Customer is not entitled to the right of rescission referred to in Article 6:230o of the Civil Code because this concerns the delivery of Products with a limited shelf life. Pursuant to Article 6:230p of the Civil Code, this right is excluded.
  2. Dr.Blend does not accept returns for reasons other than those specified in the previous paragraph. Notwithstanding the provisions in these Terms and Conditions regarding the suspension of orders and the consequent cancellation of one or more orders, every order is binding, and the Products may not be returned by the Customer, even if the Products are still in good condition.
ARTICLE 6 Delivery

  1. Delivery of the Products shall be made by shipping them to the delivery address provided by the Customer for that purpose.
  2. The risk of loss, damage, or spoilage of the Products passes to the Customer at the moment the Products are accepted by or on behalf of the Customer.
  3. It is expected that the Products can be received by or on behalf of the Customer within the agreed timeframe. If the Products cannot be delivered to the agreed delivery address by or on behalf of the Customer, an attempt will be made to deliver the Products to (one of) the neighbors. With the Customer’s prior consent, which must be provided via the order form upon entering into or amending the Agreement, the Products may also be left at the doorstep or in a shed.
  4. If delivery cannot be made in accordance with the provisions of the preceding paragraph, the order will be returned, and the Customer may have the Products redelivered once at no charge. If the Customer does not opt for redelivery, he remains liable for payment as if the order had been accepted.
ARTICLE 7 Delivery TimesDr.Blend strives to meet the agreed delivery times, but cannot always guarantee this due to special circumstances (including traffic conditions). The Customer must therefore allow Dr.Blend some leeway in the delivery time, without the Customer being entitled to refuse delivery, termination of the Agreement, or compensation, provided that if the shipping costs due at the actual delivery time are lower than those due at the agreed delivery time, the Customer is entitled to a refund or waiver of the difference. In the case of a Subscription, Dr.Blend is entitled to offset any such claim by the Customer against the next payment to be received from the Customer.

ARTICLE 8 Inspection, Complaints, and Warranty

  1. Dr.Blend warrants that the Products are fit for the purpose for which they are intended based on the information provided by Dr.Blend, and warrants that the Products comply with applicable legal requirements and other government regulations. However, this does not affect the mandatory legal rights and claims that Consumers may assert against Dr.Blend.
  2. The Customer must inspect the Products upon delivery, or as soon as possible thereafter. In doing so, the Customer or a representative must verify that the nature and quantity of the Products comply with the Agreement.
  3. The Customer must report any defects or shortages regarding the Products to Dr.Blend without delay, at least within two business days of delivery, by email (support@dr-blend.com) to Dr.Blend; failure to do so will preclude the Customer from invoking any defect or shortage.
  4. Even if the Customer files a complaint in a timely manner, the Customer’s obligation to pay and to continue to perform the Agreement remains in full force and effect.
  5. The provisions of the preceding paragraphs of this section do not affect the mandatory legal rights of consumers.
ARTICLE 9 Force Majeure

  1. Dr.Blend shall not be obligated to fulfill any obligation under the Agreement if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it by virtue of the law, a legal act, or generally accepted standards of conduct, and which prevents Dr.Blend from fulfilling its obligations under the Agreement or from doing so in a timely manner.
  2. If the force majeure event makes it permanently impossible to perform the Agreement, the Parties are entitled to terminate the Agreement with immediate effect.
  3. If, at the time the force majeure event occurs, Dr.Blend has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to claim compensation for the portion already delivered, or the portion of the Agreement still to be delivered, as if it were a separate Agreement.
  4. Without prejudice to the application of the preceding paragraph, damage resulting from force majeure shall never be eligible for compensation.
ARTICLE 10 Suspension and Termination

  1. Dr.Blend is authorized, if the circumstances of the case reasonably justify it, to suspend the performance of the Agreement or to terminate the Agreement in whole or in part with immediate effect, if and to the extent that the Customer fails to fulfill its obligations under the Agreement, fails to fulfill them in a timely or complete manner, or if circumstances that come to Dr.Blend’s attention after the conclusion of the Agreement give good reason to fear that the Customer will not fulfill its obligations. If the fulfillment of the Customer’s obligations with respect to which he is failing or is at risk of failing is not permanently impossible, the right to terminate arises only after the Customer has been given written notice of default, in which notice a reasonable period is specified within which the Customer may (still) fulfill its obligations, and fulfillment has still not occurred after the expiration of the aforementioned period.
  2. If the Customer liquidates or transfers its business to a third party, is in a state of bankruptcy, has filed for (provisional) suspension of payments, has been declared subject to a statutory debt restructuring plan, or has had any of its assets seized, as well as in cases where the Customer is otherwise unable to freely dispose of its assets, Dr.Blend is entitled to terminate the Agreement with immediate effect.
  3. The Customer is obligated to compensate Dr.Blend for any damages it incurs as a result of the suspension or termination of the Agreement.
  4. If Dr.Blend terminates the Agreement, any claims Dr.Blend may still have against the Customer shall become immediately due and payable.
ARTICLE 11 Prices, Shipping Costs, and Payments

  1. All prices listed by Dr.Blend do not include shipping costs. Before the Agreement is concluded or a delivery is modified, the total price will be stated, including VAT and shipping costs. The amount of the delivery charges depends on the delivery location and whether delivery takes place within a specific time window.
  2. Payment must be made using one of the methods designated by Dr.Blend, within the timeframe specified or notified by Dr.Blend. Unless expressly agreed otherwise, in the case of a Subscription, the amount due will be automatically debited from the Customer’s bank account for each subsequent delivery. The Customer automatically provides authorization for this upon the first payment.
  3. As long as the Customer is in default with respect to Dr.Blend regarding the fulfillment of a payment obligation incumbent upon the Customer and already due and payable, Dr.Blend is not obligated to (continue to) perform the Agreement.
  4. If payment is not made on time, the Customer shall be deemed to be in default by operation of law. From the day the Customer is in default, the Customer shall owe interest of 2% per month on the outstanding amount, with any portion of a month being treated as a full month. Notwithstanding the preceding sentence, if the Customer is a Consumer, the statutory interest rate shall apply in lieu of the contractual interest rate referred to therein.
  5. All reasonable costs, such as court costs, out-of-court costs, and enforcement costs, incurred in collecting the amounts owed by the Customer to Dr.Blend shall be borne by the Customer.
ARTICLE 12 Liability and Indemnification

  1. Dr.Blend shall in no event be liable for any damage related to or caused by any inaccuracy or incompleteness in the information provided by the Customer, any other failure by the Customer to fulfill its obligations arising from the law or the Agreement, or any other circumstance that cannot be attributed to Dr.Blend.
  2. Dr.Blend is not liable for any unauthorized use of the Customer’s login credentials to access their account on the Website. All actions performed on the Customer’s account are attributed to the Customer.
  3. Dr.Blend guarantees that the Products will be delivered in good condition. The Customer is solely responsible for storing the Products properly, as well as for determining the purposes for which and the manner in which the Products are consumed. Dr.Blend shall never be liable for any injury, damage, or illness arising from the consumption of the Products, except in cases of intent or gross negligence on its part. Furthermore, Dr.Blend is never liable for other indirect damages, including but not limited to losses incurred, lost profits, and damages resulting from business interruption.
  4. If, notwithstanding the provisions of these Terms and Conditions, Dr.Blend is liable for any damages—for example, because a delivery did not take place due to its fault—Dr.Blend shall at all times have the right to remedy such damages. The Customer must give Dr.Blend the opportunity to do so; failing which, any liability of Dr.Blend in this regard shall lapse.
  5. Dr.Blend’s liability is limited to no more than the invoice value of the Agreement, or at least to that part of the Agreement to which Dr.Blend’s liability relates, provided that Dr.Blend’s liability shall never exceed the amount that, under the relevant circumstances, based on the liability insurance policy taken out by Dr.Blend, is actually paid out, plus any deductible applicable to Dr.Blend under that insurance policy.
  6. The statute of limitations for all legal claims and defenses against Dr.Blend is one year. Notwithstanding the preceding sentence, claims and defenses available to Consumers that are based on facts justifying the assertion that the Products do not conform to the Agreement shall be barred after two years.
  7. The Customer, and in particular a non-consumer, shall indemnify Dr.Blend against any claims by third parties who suffer damage in connection with the performance of the Agreement and for which the cause is attributable to parties other than Dr.Blend. If Dr.Blend is held liable by third parties on that basis, the Customer is obligated to assist Dr.Blend both in and out of court and to immediately take all measures that may reasonably be expected of the Customer in such a case. Should the Customer fail to take adequate measures, Dr.Blend shall be entitled, without notice of default, to take such measures itself. All costs and damages incurred by Dr.Blend and third parties as a result thereof shall be borne in full by the Customer at its own risk.
  8. In the case of a consumer purchase, the limitations set forth in this article do not extend beyond what is permitted under Article 7:24(2) of the Civil Code.
ARTICLE 13 General Complaints Policy

  1. Complaints regarding the performance of the Agreement must, without prejudice to the provisions of Article 8, be submitted to Dr.Blend in writing within a reasonable time after the Customer has fully and clearly described the grounds for the complaint.
  2. Complaints submitted to Dr.Blend will be responded to within fourteen days of receipt. If a complaint requires a longer processing time, a response will be sent within fourteen days confirming receipt and indicating when the Customer can expect a more detailed response.
  3. If a consumer complaint cannot be resolved through mutual agreement with Dr.Blend, the consumer may submit the dispute to the dispute resolution committee via the ODR platform (ec.europa.eu/consumers/odr/).
ARTICLE 14 Final Provisions

  1. Dr.Blend is entitled to amend these terms and conditions as well as its prices, provided that such amendments do not apply to deliveries that are confirmed to be made under the Agreement and for which the delivery can no longer be canceled in the normal course of business, for example, by Dr.Blend terminating the Subscription. In the context of Subscriptions, the aforementioned changes will be expressly communicated to the Customer at least 30 days prior to their effective date.
  2. Each Agreement and all legal relationships arising therefrom between the Parties shall be governed exclusively by Dutch law.
  3. The parties shall not bring the matter before a court or a dispute resolution committee until they have made every effort to resolve the dispute through mutual consultation.
  4. Unless otherwise required by law under the specific circumstances of the case, the competent court within the judicial district where Dr.Blend is established shall have exclusive jurisdiction to hear any legal disputes between the Parties.