STANDARD TERMS AND CONDITIONS OF SALE

These Standard Terms and Conditions of Sale (“Terms of Sale”) govern the sale and your purchase of Blended Health & Smoothie Bar’s Products directly from Blended Health & Smoothie Bar. These Terms of Sale are hereby incorporated into Blended Health & Smoothie Bar’s Terms of Use. Capitalized terms used but not defined herein shall have the same meaning as set forth in the Terms of Use.

Please read these Terms of Sale carefully. They cover important information about purchases, subscriptions, and automatic renewals.

1. Continuous Purchase Plans and Recurring Billing; Cancellation Policy

1.1 Overview. We offer different ways to purchase our Products, including continuous purchase plans, consisting of an initial period for which there is a one-time charge, followed by recurring period charges for additional Products as agreed to by you (each, a “Plan”).  By choosing a Plan, you acknowledge that such Products have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. Each week, month or other recurring time period specified in your Plan (excluding those you choose to skip), you will be deemed to have placed an order to purchase Products (an “Order”), and you will receive a package from Blended Health & Smoothie Bar including the contents of your Order (each a “Delivery”). You can find specific details regarding your plan by accessing your Account). WHEN YOU REGISTER FOR A PLAN, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) BLENDED HEALTH & SMOOTHIE BAR (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTOMATICALLY AUTHORIZED TO CHARGE YOU ON A WEEKLY, MONTHLY OR OTHER RECURRING BASIS FOR YOUR PLAN (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR PLAN CONTINUES, AND (B) YOUR PLAN IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT BLENDED HEALTH & SMOOTHIE BAR WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING ORDERS AND PAYMENTS. YOU MAY SKIP AN ORDER AS OFTEN AS YOU’D LIKE BY MANAGING YOUR DELIVERY SCHEDULE ON YOUR DELIVERY SCHEDULE PAGE THROUGH YOUR ACCOUNT.

 

1.2 Cancellation Policy.  UNLESS YOU OPT OUT OF RECURRING BILLING, WHICH CAN BE DONE THROUGH YOUR ACCOUNT SETTINGS, YOUR PLAN WILL AUTOMATICALLY RENEW FOR THE SAME DURATION AS THE TERM ORIGINALLY SELECTED, UNTIL YOU CANCEL. AFTER YOUR FIRST ORDER, YOU MAY CANCEL IN YOUR ACCOUNT SETTINGS OR BY EMAILING US AT [INFO@BLENDEDGLENVIEW.COM] AND FOLLOWING THE INSTRUCTIONS YOU RECEIVE. YOU MAY CANCEL AT ANY TIME, BUT IF YOU CANCEL AFTER THE CUTOFF FOR AN ORDER YOU WILL STILL RECEIVE, AND BE CHARGED FOR, THE NEXT DELIVERY IF YOU SCHEDULED A DELIVERY (PLACED AN ORDER) FOR THAT WEEK. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING BASIS, YOU MUST CANCEL THE PLAN THROUGH YOUR ACCOUNT SETTINGS OR BY EMAILING US AT [INFO@BLENDEDGLENVIEW.COM] BEFORE THE ORDER CUTOFF. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED FOR ALL ORDERS PRIOR TO THE CANCELLATION OF YOUR PLAN.

 

In the event you cancel your Plan, please note that we may still send you promotional communications about Blended Health & Smoothie Bar, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

2. Individual Purchases. We may offer you the ability to make a one-time individual Order for the purchase of Products. Please refer to the order page and any referenced terms and links, as well as these Terms of Sale, for all terms and conditions for individual purchases.
3. Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your Order or other purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended, cancelled and unfulfilled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your Blended Health & Smoothie Bar Account, you can do so at any time by logging into your Account and editing your payment information.

You acknowledge that the amount billed may vary due to promotional offers, changes to your Plan or changes in applicable taxes or other charges, including shipping and handling, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.

4. Pricing and Availability

All prices are shown in U.S. dollars, and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices and fees as we may determine in our sole discretion. The placement of an Order following a price or fee change constitutes your acceptance of the new prices and/or fees. 

All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific ingredients or entire items) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at [INFO@BLENDEDGLENVIEW.COM].

5. Taxes

We will collect estimated or actual applicable sales or other taxes on Products shipped to the shipping destinations, and/or services we may provide, for which we determine we have a duty to collect sales or other taxes. If an item is subject to sales or other taxes, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

6. Delivery

You agree to pay any delivery charges shown at the time you place an Order. We reserve the right to increase, decrease, add, or eliminate delivery charges from time to time, but we will provide notice of the charges applicable to you prior to or at the time of your Order. Generally, delivery is handled by a third party courier. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party courier.

7. Deliveries; Inspection

You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for confirming that the Products you receive are chilled/frozen. We maintain the highest quality and integrity of your Products after delivery, you should immediately place the items into frozen storage (< 0° F) when you receive them, or fresh items in a refrigerator. You should always inspect your delivery to confirm that Products arrive frozen. To maintain the quality and integrity of the Products, we recommend that you immediately freeze all Products upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on frozen food storage and food safety. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe handling, storage, cooking, use and consumption of the Products following delivery. We recommend that you follow the USDA’s instructions on safe food handling. If at any time you believe that the Product in your delivery is not suitable for consumption, contact us at [INFO@BLENDEDGLENVIEW.COM].

If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. We suggest that a cooler is left on the doorstep to receive delivery, insulated and with cooler packs or ice when necessary. However, depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for proper storage of your Products prior to consumption.

In the case of inclement weather, supply chain disruptions or other events beyond our reasonable control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your Products is not feasible, as determined in our sole discretion, we may cancel your delivery and issue you a credit or refund of the purchase price for that delivery.

8. No Resale

You are not permitted to resell or otherwise use the Products for commercial purposes.

9. Returns and Refunds

If you are dissatisfied with your Order for any reason, please contact us immediately following delivery at [INFO@BLENDEDGLENVIEW.COM] or via alternative channels listed on the Services.  Depending on the details, in our sole discretion, we may replace, credit, or refund you in whole or in part, or otherwise address your dissatisfaction (each, an “Accommodation”). However, unless we failed to deliver the Products in your Order, we assume no obligation to provide an Accommodation.  In the event we offer an Accommodation, we may require a return of the Product(s), photographic documentation or other information for quality control or other purposes, prior to providing an Accommodation. ALL ACCOMMODATIONS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND BLENDED HEALTH & SMOOTHIE BAR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

10. IMPORTANT PRODUCT INFORMATION AND DISCLAIMERS YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. PLEASE FOLLOW DIRECTIONS CAREFULLY. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE PRODUCTS CONTAINING MAJOR ALLERGENS (INCLUDING BUT NOT LIMITED TO MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS, TREENUTS AND SESAME SEEDS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS. OUR PRODUCTS CONTAIN NATURAL INGREDIENTS, INCLUDING MANY UNALTERED FRUITS AND VEGETABLES, WHICH, AS A RESULT OF THEIR NATURAL PRODUCTION, MAY CONTAIN UNDESIRABLE OR FOREIGN OBJECTS. WHILE EFFORTS ARE MADE TO REMOVE SUCH MATERIALS, THERE CAN BE NO ASSURANCE THAT ALL WILL BE REMOVED. PLEASE INSPECT YOUR PRODUCTS CAREFULLY PRIOR TO PREPARATION AND CONSUMPTION, AND DO NOT PREPARE OR CONSUME ANYTHING THAT APPEARS UNAPPEALING OR HARMFUL. PREPARATION AND COOKING PROCEDURES VARY FOR EACH PRODUCT. PLEASE READ AND FOLLOW THE INSTRUCTIONS CAREFULLY. SOME PREPARATION INVOLVES USE OF EQUIPMENT THAT IF USED INCORRECTLY OR UNATTENDED, MAY CAUSE INJURY OR PROPERTY DAMAGE. PLEASE FOLLOW MANUFACTURER INSTRUCTIONS FOR USE OF ALL EQUIPMENT, INCLUDING WARNINGS. FOLLOWING PREPARATION, SOME PRODUCTS MAY BE HOT. PLEASE HANDLE AND ENJOY CAREFULLY. FROZEN PRODUCTS DELIVERED TO YOU ARE INTENDED TO REMAIN FROZEN UPON ARRIVAL. IF YOU RECEIVE PRODUCTS THAT WERE FROZEN BUT ARE NO LONGER FROZEN, PLEASE CONTACT US IMMEDIATELY AND DO NOT REFREEZE, PREPARE OR CONSUME THE PRODUCTS. IF PRODUCTS ARE OTHERWISE DAMAGED, INCLUDING THEIR CONTAINERS, PLEASE CONTACT US. DELIVERIES MAY CONTAIN DRY ICE. DRY ICE MAY CAUSE BURNS TO SKIN OR OTHER DAMAGE. DO NOT TOUCH OR CONSUME. HANDLE IN ACCORDANCE WITH PACKAGING INSTRUCTIONS. WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SERVICES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SERVICES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SERVICES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR THE SERVICES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
11. Use and Enjoyment of Products

Products are intended for individual use. Please follow the handling, storage, preparation, and consumption instructions carefully, found on our Site, the Product packaging. Our Site and Product packaging also contain important content and nutritional information.

PLEASE REFER TO ALL PRODUCT INFORMATION PRIOR TO PREPARATION, USE AND ENJOYMENT.