General

1. These Terms  

1.1These are the terms and conditions on the use of our website (including the Mind Oasis mobile app) and the sale of our products to you.   

1.2 Please read these terms carefully before you submit your order to us. These terms, amongst others, tell you who we are, how we will provide products to you, how you or we may change or cancel orders, what to do if there is a problem and other important information.  

2. Information About Us  

2.1We are Mind Oasis, a Rituals Cosmetics owned company, please see the table below for our company details.   

To Rituals Cosmetics E-commerce B.V., trading under the name of RITUALS   

• Correspondence address: PO Box 15500, 1001 NA Amsterdam (Not for returning webshop orders)   
• Visiting address: Keizersgracht 683, Amsterdam   
• Telephone number: +31 (0)202415948   
• E-mail address: service@mindoasis.com  
• Registration Number: B-372677   
• Chamber of Commerce number: 59751061   
• VAT identification number: NL853629729B01   

2.2 You can contact our customer service team in your country via the contact form on the website or by e-mail. Please see the contact details in the table above.   

 2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.  

3.          Use of Our Website  

3.1On our website you can purchase our products via our online distribution channel. The online purchase of our products and the use of our website are available to consumers only. We shall under no circumstance be obliged to accept orders from entrepreneurs or legal entities or bodies and we retain the right to refuse orders that are meant for the resale of products by an unauthorized distributor and/or distribution channel (drop shipping included).  

3.2Information on our products can be found on our website. We try to make sure that all information on the website is complete and correct. However, please be aware that possible inaccuracies can occur at the moment of placing your order. Subject to applicable law, we do not accept any liability for these inaccuracies.  

3.3We retain the right to change, add and delete information on our website at any time without prior notice being required.  

3.4When you place an order with us, you agree to these terms and conditions and to the rules governing the fair use of our website (“hereinafter: “the House Rules”), which are also placed on our website at the Mind OasisHouse Rules or can be found in the app homepage under Disclaimer. When we detect any suspicious behaviour on our website, for example via oddities or irregularities with orders, fraudulent transactions, misuse of promotions and violation of the terms of having a customer account, we retain the right to investigate and take actions including, but not limited to, blocking (bank) accounts and/or payments, occasionally or permanently, or cancelling orders. The actions to be taken and when they should be taken are at our sole discretion.  

3.5We furthermore retain a protocol for situations as mentioned under clause 3.4. In case of a breach of the Mind OasisHouse Rules, we retain the right to add the individuals involved to our fraud database. We will only do so in compliance with the applicable data protections laws and regulations, including but not limited to the GDPR. We will process the personal data in relation to the fraud database on the ground of our legitimate interest, which is the protection and prevention from harm to our business, caused by fraudulent actions. Personal Data in the database will be retained for a period of 1 to 5 years maximum, depending on the gravity of the breach of the Mind OasisHouse Rules.  

3.6Please see our “Mind Oasis House Rules” for information on the fair use of our website and click to read our privacy policy with further information about our data processing practices and security measures.   

3.7All intellectual property on this website in respect of amongst other visuals, brand names, product descriptions and other communications included on this website is owned by us, the group of companies we belong to or our licensees. It is forbidden to publish, copy, use or multiply the contents of this website or parts there of in any way, unless permission to do so has been provided to you. You are allowed during your use of this website to copy information needed for your own personal use, such as information needed for your order.  

4. Placing An Order On Our Website  

4.1You can order products on our website by selecting them and placing them in your shopping cart. You can check the content of your cart before proceeding with your order. In your shopping cart you can make any adjustments to your order. Please be aware that products in your cart are not reserved for you until the order process is fully completed. If you find everything okay with your order, please enter and check your details in the order before confirming your order. After confirmation, please select a delivery method. The costs of delivery will be displayed to you on our website. You will then be directed to the payment process, where you can select and perform the payment via the method of your choosing. Once your payment has been processed, your order will be confirmed by us per email with an order number.  

4.2If you have selected delivery to your address, we will send you another email with the estimated delivery time(s). It is possible that your delivery will be delivered in separate deliveries (split deliveries) from our warehouses if you have ordered multiple products from our website. 

4.3For products offered as pre-order, delivery will only occur at a later time. The expected delivery date will be stated during the order process. By placing a pre-order, you agree that the delivery will take place at a later time. The expected delivery date of pre-order products stated during the order process is indicative. If we are unable to deliver the products within the indicated delivery date, for example due to production or supply issues, we will inform you thereof and we will provide you with a new expected delivery date. If the delivery is significantly delayed, we will inform you of that fact and you can cancel the order free of charge. 

5.Our Contract With You  

5.1Acceptance of your order will take place by email to you. Your order is final when we accept it and confirm delivery, at which point a contract will come into existence between you and us.  

5.2Circumstances can occur that effect the acceptance of orders. Subject to applicable law, we retain the right at all times to not accept orders and/or refuse delivery at any time at our own discretion.  

5.3 If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified, or for other reasons.  

5.4 All orders are subject to product availability and delivery. If any items are out of stock, we retain the right to inform you about alternative or similar items for purchase on our website. If you do not wish to purchase these items, we will refund any payments you have already made to us for the unavailable items. If an order can no longer be fulfilled due to circumstances beyond our control (force majeure), such as errors in availability and / or delivery, we will inform you of this within a maximum of 14 days after the date of your order and we may end the contract. We will provide you with a refund for any sums you have paid in advance for products which can no longer be provided to you.  

5.5 When placing an order, you will be requested to fill in a delivery address in the country of the website. Unfortunately, we do not deliver to postal addresses or locations outside the country of the website you have placed your order on.  

6.Our Products  

6.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. The packaging of the product may vary from that shown in images on our website.  

6.2 The above does not affect your legal rights in relation to faulty or misdescribed products. 

6.3If a product has a seal, such as a cable tie or other fastening intended to keep the product closed and intact, this seal must not be broken as long as you still wish to exercise your right of revocation. If the product has been unsealed by you, the statutory right of withdrawal lapses. . 

7.Your Rights To Cancel Or To Withdraw Your Order  

7.1 Your rights when cancelling the order and thus ending the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract. The cancellation and/or termination rights set out in this clause 7 do not affect or restrict any termination rights granted to you by any applicable mandatory laws.   

7.2 If what you have bought is faulty or misdescribed, you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back).  

7.3 You may end the contract in situations where we inform you that we are not able to do what we told you we were going to do, such as:  

1. we have told you about an upcoming change to the product or these terms which you do not agree to;  
2. we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;  
3. there is a risk that supply of the products may be significantly delayed because of events outside our control;  
4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or  

7.4If you are ending a contract for a reason set out at under clause 7.3 (a) to (d) above, the contract will end immediately and we will refund you in full for any products which have not been provided.  

7.5 You are entitled to withdraw the agreement within a period of 30 days without statement of reason. This period begins on the day on which you received the product. In order to exercise your right of revocation, you must notify us within this period via the model revocation form (see clause 8.1(c)) or via a different unequivocal statement. For products that are sealed for reasons of hygiene or health protection (such as a cable tie), the right of revocation lapses if the seal has been broken after delivery. 

7.6 When returning, the complete product must be returned, including all provided accessories. The return costs are at your expense. If the product appears to be damaged or incomplete upon our receipt, we reserve the right to apply a reasonable depreciation to the amount to be refunded.. 

8. How To Cancel Or Withdraw Your Order  

8.1 To end the contract with us, please let us know by doing one of the following:  

a) Email. Email customer services at the contact details provided in the table under clause 2. Please provide your name, home address, details of the order and, where available, your phone number and email address; or.  

b) Online. Complete the form on our website; or  

3. In case of a withdrawal and return as meant in clause 7.5 of these Terms and Conditions, please complete filling in the return form via our Return portal, which is included at the end of these Terms and Conditions under Annex 1; or  
4. Through any other type of unambiguous statement.  

9. How To Return Your Order To Us  

9.1 If you want to return your order, you may do so by sending it to us in accordance with the requirements in clause 7.6. For the assessment of your return request, we may ask for prior proof, including a number of clear photographs of the product in its original condition, on which the seal is visible.  

9.2If you have received a gift with your order and you want to return the full order to us, please make sure to include the gift with your return shipment. Should you keep the gift, we will deduct the price of the gift from your refund.  

9.3After the receipt of your return order, we will make any refunds due to you as soon as possible, and within a maximum of 14 days after we received the returned goods. Should you have paid the order concerned by means of aMind Oasis(Online) Gift Card or any third-party gift card, Mind Oasis will reimburse the concerned amount to such Mind Oasis(Online) Gift Card or thirdparty gift card only (not in cash unless required by law). In case you are no longer in the possession of a Mind Oasis(Online) Gift Card, Mind Oasis will issue you a new Mind Oasis(Online) Gift Card upon your request. In case you are no longer in possession of your third-party gift card, please contact the provider of the gift card for assistance. Mind Oasis recommends you to always retain your Mind Oasis(Online) Gift Card or third-party gift card until the period in which you may return your order has lapsed. Please see the Terms and Conditions Mind OasisGift Card for the arrangements concerning the Mind Oasis(Online) Gift Card.   

9.4Please see our FAQ page more information about our order and return process.  

10.Product  

10.1 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at the number and email provided in clause 2 or send a letter to us Our postal addresses are also mentioned in clause 2.  

10.2 We are under a legal duty to supply products that are in conformity with your order. Nothing in these terms will affect your legal rights.  

10.3If, within two (2) years after delivery, the product shows a defect that is not the result of incorrect use, wear and tear or breaking of the seal, you are entitled to choose between the repair or replacement of the product, insofar as this choice is reasbonable and possible. (Partial) refund can occur only if repair or replacement is not possible or is disproportionate. In the event that we are not able to repair or replace the product, or we refuse to repair the product, because it would be impossible or unreasonably costly for us to do so, you may request a partial refund or terminate the contract. You may not terminate the contract if the defect is only minor, in which case a partial refund will be the sole remedy available to you. 

10.4Warranty claims specified in clause 10.3 must be reported within a reasonable period of time after discovery of the defect, and at the latest within two (2) months after this discovery,  via our customer service, stating the order number, a description of the problem and, if applicable, supporting evidence (such as photos or videos). 

10.5The guarantee specified in clause 10.3 expires if: 

1. the seal (such as a cable tie) has been broken and you cannot prove that the defect is unrelated; or 
2. the product was used contrary to the instructions for use or for non-consumer applications. 

11.Price And Payment  

11.1The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced on the website. The prices as displayed in your shopping cart is the check-out price. Subject to applicable law, we are not liable for or bound to prices that are evidently incorrect or erroneous. For pre-orders, the price at the time of order will prevail, regardless of subsequent price changes prior to delivery. Unless otherwise stipulated by law, we are not bound by evidently erroneous prices. 

11.2 If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may i) charge you for the corrected price of the items, or ii) if you don’t agree with the corrected price - we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.   

11.3 We accept different payment methods:  

• Credit card (MasterCard, VISA, American Express): Your credit card will be charged upon Order Confirmation.  
• PayPal: You pay the invoice amount via the online provider PayPal. In general, you have to register or be registered with PayPal, enter your login details to confirm your identity and then confirm the payment instruction to us. You will receive further information during the order process.  
• Mind Oasis Gift Card: In order to redeem your (online) Mind Oasis gift card, add your name, the gift card number and the PIN into the gift code box on the checkout, this will automatically deduct the entire amount of your (online) gift card from your order total. You can use another payment method to pay for the rest of your order, if your (online) gift card does not cover the entire order amount. You are unable to apply just a portion of your (online) gift card amount to an order. If you are using an (online) gift card online and the total order value is less than the value of the card, any balance will remain on the card and may be applied to future purchases, provided that the card has not expired.  

12. Our Responsibility For Loss Or Damage Suffered By You  

12.1If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this contract or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.  

12.2We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.  

13.       How We May Use Your Personal Information  

13.1     We will only use your personal information as set out in our privacy policy.  

14. Other Important Terms  

14.1 These General Terms and Conditions are subject to change from time to time. Amended terms and conditions will apply to orders placed after the amendment has taken effect. Please visit our website for the most recent version.  

14.2 These terms are governed by the laws of the jurisdiction where you are domiciled and you can bring legal proceedings in respect of the products in the courts of the jurisdiction where you are domiciled.  

14.3If you have any complaints, please contact us via service@mindoasis.comor the contact form on our website. We will do our utmost to respond to your complaint within 14 days of receipt. If more time is needed to formulate a response, we will inform you of the delay and our reasons. 

14.4We request our customers to exercise reasonable efforts to handle a complaint by mutual agreement, before submitting the claim for any legal proceedings.  

15. Modifications To These Terms Depending On Your Place of Domicile   

UK 

15.1 If you are a customer domiciled in the UK, the following shall be added to Clause 10.3, Notwithstanding the foregoing, up to thirty days after the delivery of the product, you are entitled to a full refund if the product is faulty. 

Luxembourg 

15.2 If you are a customer domiciled in Luxembourg, the following applies: 

In Clause 7.5 ,  "The return costs are at you expense" , shall be replaced by "The normal delivery return costs shall be at our expense". 

France  

15.3 If you are a customer domiciled in France, Clauses 10.3 -10.5 shall be replaced as follows: 

3.  In case of defect of the products, the statutory warranty regime applies to consumers. We shall be liable for any defect of conformity of the product, according to Articles L. 217-3 to L. 217-20 of the French Consumer Code, as well as for any hidden defects of the products in the conditions set forth in Articles 1641 to 1649 of the French Civil Code.  
4. Modality of implementation of the statutory warranty as per Article D. 211-2 of the French Consumer Code:  

The consumer has a period of two years from the date of delivery of the goods to obtain the implementation of the statutory warranty of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it occurred. 

Where the contract for the sale of goods includes the supply of digital content or a digital service on a continuous basis for a period exceeding two years, the statutory warranty of conformity shall apply to that digital content or digital service throughout the period of supply provided for. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared. 

The statutory warranty of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods. 

The statutory warranty of conformity grants the right to the consumer to have the goods repaired or replaced within thirty days of his/her request, free of charge and without significant inconvenience to him/her. 

If the goods are repaired under the statutory warranty of conformity, the consumer shall benefit from an extension of the initial warranty of six months. 

If the consumer requests repair of the goods but the seller insists on replacement, the statutory warranty of conformity is renewed for a period of two years from the date of replacement of the goods. 

The consumer may obtain a reduction in the purchase price while retaining the goods or terminate the contract with a full refund in exchange for the return of the goods, if: 

1° The seller refuses to repair or replace the goods; 

2° The repair or replacement of the goods occurs after a period of thirty days; 

3° The repair or replacement of the goods causes significant inconvenience to the consumer, in particular where the consumer bears the costs of returning or collecting the non-conforming goods, or where they bear the costs of installing the repaired or replacement goods; 

4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into compliance. 

The consumer is also entitled to a price reduction or to terminate the contract if the lack of conformity is so serious that it justifies immediate price reduction or termination of the contract. In this case, the consumer is not required to request repair or replacement of the goods beforehand. 

The consumer is not entitled to terminate the sale if the lack of conformity is minor. 

Any period during which the goods are immobilized for repair or replacement suspends the warranty that remains in force until the goods are returned in good working order. 

The above rights result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.  

The sellers who acts in bad faith to prevent the implementation of the statutory warranty of conformity may be liable to a civil fine of up to EUR 300,000, which may be increased to 10% of his/her average annual turnover (Article L. 241-5 of the French Consumer Code). 

The consumer also benefits from the statutory warranty against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are retained or to a full refund upon return of the goods.  

5. Warranty claims specified in this section must be reported via our customer service, stating the order number, a description of the problem and, if applicable, supporting evidence (such as photos or videos).

15.4 The following is added to Article 14:  

In case of a dispute that cannot be resolved through mutual agreement, instead of initiation legal proceedings, you are also entitled to request, on a free charge basis, the use of a consumer mediation services in order to settle amicably any disputes relating to these general terms and conditions. You may contact the mediation service offered by Centre de Médiation et d’Arbitrage de Paris (hereinafter the "Mediator"), whose contact details are as follows: 39 avenue Franklin D. Roosevelt - 75008 Paris - http://www.cmap.fr.