Terms and Conditions

Terms and Conditions for Furthrive

Effective Date: 01-10-2025

Welcome to Furthrive. These terms and conditions (“Terms”) apply to your use of our website and services. By visiting our website and placing an order, you agree to these Terms.

Article 1 – Definitions

In these Terms, the following definitions apply:

Cooling-off period: the period within which the consumer can make use of their right of withdrawal;

Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession and enters into a distance contract with the trader;

Day: calendar day;

Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable data carrier: any tool that enables the consumer or trader 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 consumer’s option to dissolve the distance contract within the cooling-off period;

Trader: 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 trader for distance selling of products and/or services, whereby, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;

Means of distance communication: a method that can be used for concluding a contract without the consumer and trader being together in the same room at the same time.

Terms and Conditions: these Terms and Conditions of the trader.

Article 2 – Identity of the Trader

Furthrive
Email: info@furthrive.com
Chamber of Commerce (KVK): 94351198

Article 3 – Applicability

These Terms apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these Terms will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the Terms are available for inspection at the trader’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these Terms may be provided to the consumer by electronic means in such a way that the consumer can store them easily on a durable data carrier. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the Terms can be consulted electronically and that they will be sent free of charge, by electronic or other means, at the consumer’s request.

In the event that, in addition to these Terms, specific product or service conditions also apply, paragraphs two and three shall apply mutatis mutandis and, in the event of conflicting Terms, the consumer may always rely on the applicable provision that is most favorable to them.

If one or more provisions in these Terms are at any time wholly or partially void or annulled, the agreement and these Terms will remain in force for the remainder, and the relevant provision will be replaced in mutual consultation by a provision that approximates the original as closely as possible.

Situations not covered by these Terms shall be assessed “in the spirit” of these Terms.

Ambiguities regarding the interpretation or content of one or more provisions of our Terms must be interpreted “in the spirit” of these Terms.

Article 4 – The Offer

If an offer has a limited validity period or is made subject to conditions, this will be expressly stated in the offer.

The offer is without obligation. The trader is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the trader.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

Images accompanying products are a truthful representation of the offered products. The trader cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:

  • the price including taxes;

  • any shipping costs;

  • the way in which the contract will be concluded and what actions are required for this;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery and performance of the contract;

  • the period for accepting the offer, or the period within which the trader guarantees the price;

  • the rate for distance communication if the costs of using the means of distance communication are calculated on a different basis than the regular base rate for the used means of communication;

  • whether the contract will be archived after conclusion and, if so, how it can be consulted by the consumer;

  • the way in which the consumer, before concluding the contract, can check and, if desired, correct the data provided by them under the contract;

  • the possible other languages in which, in addition to Dutch, the contract can be concluded;

  • the way in which the consumer can consult applicable codes of conduct electronically; and

  • the minimum duration of the distance contract in the event of a long-term transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.

The trader may—within legal frameworks—verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the trader has good reasons not to enter into the contract, they are entitled to refuse an order or request or to attach special conditions to its performance, giving reasons.

The trader will provide the following information to the consumer with the product or service, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

a. the visiting address of the trader’s establishment where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. information on warranties and existing after-sales service;
d. the data referred to in Article 4 paragraph 3 of these Terms, unless the trader has already provided this to the consumer prior to performance of the contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Every contract is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 14 days. This cooling-off period starts on the day after the consumer, or a representative previously designated by the consumer and made known to the trader, has received the product.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they make use of their right of withdrawal, they will return the product with all supplied accessories and—if reasonably possible—in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the trader within 14 days of receiving the product. Notification must be made by written message/email. After the consumer has indicated that they wish to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.

If, after expiry of the periods referred to in paragraphs 2 and 3, the consumer has not indicated that they wish to exercise the right of withdrawal and/or has not returned the product to the trader, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer makes use of the right of withdrawal, the costs of returning the products are borne by the consumer.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received back by the retailer or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The trader can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal applies only if the trader clearly stated this in the offer, at least in good time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

a. produced by the trader according to the consumer’s specifications;
b. that are clearly personal in nature;
c. that by their nature cannot be returned;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the trader has no influence;
f. single issues of newspapers and magazines;
g. audio and video recordings and computer software for which the consumer has broken the seal;
h. hygienic products for which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
b. where performance has begun with the express consent of the consumer before the cooling-off period has expired;
c. relating to betting and lotteries.

Article 9 – The Price

During the period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

In deviation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the contract as of the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the trader is not obliged to deliver the product according to the erroneous price.

Article 10 – Conformity and Warranty

The trader guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with reasonable requirements of soundness and/or usability, and with the legal provisions and/or government regulations existing on the date the contract is concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.

A warranty provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the trader under the contract.

Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.

The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • the consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;

  • the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the trader’s instructions and/or those on the packaging;

  • the defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The trader will take the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the company.

With due observance of what is stated in Article 4 of these Terms, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be carried out partially, the consumer will be notified no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the contract without costs and is entitled to any compensation.

In case of dissolution in accordance with the previous paragraph, the trader will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the trader will make an effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Long-Term Transactions: duration, termination and renewal

Termination

The consumer may terminate a contract that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at the end of the fixed term at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer can:

  • terminate the contracts referred to in the previous paragraphs at any time and not be limited to termination at a specific time or during a specific period;

  • at least terminate in the same way as they were entered into;

  • always terminate with the same notice period as the trader has stipulated for themselves.

Renewal

A contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

In deviation from the previous paragraph, a contract concluded for a definite period for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, provided the consumer can terminate this extended contract at the end of each month.

A contract concluded for a definite period for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the case of a contract that extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

A contract with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period.

Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless the agreed duration opposes termination.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract.

The consumer has the duty to report inaccuracies in provided or stated payment details to the trader without delay.

In case of non-payment by the consumer, the trader has the right, subject to legal limitations, to charge the reasonable costs previously made known to the consumer.

Article 14 – Complaints Procedure

Complaints about the performance of the contract must be submitted to the trader fully and clearly described within 7 days after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing.

If a complaint is found to be justified by the trader, the trader will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the trader and the consumer to which these Terms relate are exclusively governed by Dutch law, even if the consumer resides abroad.