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Terms and Conditions

Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Withdrawal period: the period within which the consumer can make use of their right of withdrawal;

  • Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur;

  • Day: calendar day;

  • Long-term transaction: a distance contract that concerns a series of products and/or services, the supply and/or purchase obligation of which is spread over time;

  • Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.

  • Right of withdrawal: the possibility for the consumer to withdraw from the 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 within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;

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

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

Article 2 – Identity of the Entrepreneur

Company name: ELAB

Trade name: Thrive Footwear

Customer service email: hello@thrive-footwear.com

Company address: Hambakenwetering 1

5231 DD ’s-Hertogenbosch

Netherlands

(note: no return address)

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by Thrive Footwear and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the 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 consumer will be informed before the distance contract is concluded that the General Terms and Conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, the text of these General Terms and Conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier.

Article 4 – The Offer

  • If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated.

  • The offer is non-binding. Thrive Footwear is entitled to change and adapt the offer.

  • The offer contains a complete and accurate description of the footwear products and/or services offered.

  • If images are used, these represent the products as accurately as possible. Colors displayed may vary slightly due to screen settings.

  • Obvious errors or mistakes in the offer are not binding for the entrepreneur.

  • Each offer contains information regarding price (excluding customs duties and import VAT where applicable), shipping costs, payment methods, delivery, and available sizes/colors.

Article 5 – The Agreement

The contract is concluded at the moment the consumer accepts the offer and complies with the associated conditions. Thrive Footwear shall immediately confirm receipt of the acceptance electronically. Thrive Footwear may—within legal limits—verify whether the consumer can meet their payment obligations and reserves the right to refuse an order if there are justified reasons.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the contract without stating reasons within 14 days after receiving the product.

During the withdrawal period, the consumer must handle the product and packaging with care. The product may only be used to the extent necessary to determine whether the consumer wishes to keep it.

The consumer must notify Thrive Footwear of the withdrawal within 45 days after receiving the product via email at:

hello@thrive-footwear.com

After notifying the withdrawal, the product must be returned within 45 days. If the product is not returned within this period, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the return shipping costs are borne by the consumer. If payment has already been made, the entrepreneur will refund the amount as soon as possible, but no later than 14 days after receiving the returned product.

Article 8 – Exclusion of the Right of Withdrawal

The right of withdrawal may be excluded for products:

  • That are custom made

  • That are personalized

  • That cannot be returned for hygiene reasons once worn or washed.

Article 9 – The Price

Prices of products will not increase during the validity period stated in the offer, except for changes due to VAT rates. All prices are subject to printing and typographical errors. Thrive Footwear is not obliged to deliver products at an incorrect price due to such errors.

Article 10 – Conformity and Warranty

Thrive Footwear guarantees that the products comply with the agreement, specifications, and usability requirements. Defective or incorrectly delivered products must be reported within 14 days after delivery.

The warranty does not apply if:

  • The consumer has modified or repaired the product themselves.

  • The product has been used improperly.

  • The product has been handled contrary to the provided instructions.

Article 11 – Delivery and Execution

Thrive Footwear will exercise the greatest care in receiving and executing orders. The place of delivery is the address provided by the consumer. Orders will be executed no later than 30 days after purchase, unless a longer period is agreed. The risk of damage or loss lies with the entrepreneur until delivery.

Article 12 – Payment

Unless otherwise agreed, amounts owed must be paid within 7 working days after the start of the withdrawal period. The consumer must report any inaccuracies in payment details immediately.

Article 13 – Complaints Procedure

Complaints must be submitted clearly and fully described within 7 days after the defect has been identified. Complaints submitted to Thrive Footwear will be answered within 14 days. If a complaint is valid, Thrive Footwear may choose to replace or repair the product free of charge.

Article 14 – Legal Disputes

Contracts between the entrepreneur and the consumer are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 15 – CESOP

Due to the introduction of regulations effective from 2024 regarding the Payment Service Providers Directive, payment service providers may register transaction data in the European CESOP system.