Terms & Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

- **Cooling-off period**: the period within which the consumer can exercise their right of withdrawal;
- **Consumer**: the natural person acting outside the course of their trade, business, or profession and who enters into a distance contract with the entrepreneur;
- **Day**: calendar day;
- **Long-term transaction**: a distance contract concerning a series of products and/or services, where the delivery and/or performance obligation is spread over time;
- **Durable medium**: any medium that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that allows for future consultation and unchanged reproduction of the stored information;
- **Right of withdrawal**: the option for the consumer to cancel the distance contract within the cooling-off period;
- **Entrepreneur**: the natural or legal person offering products and/or services at a distance to consumers;
- **Distance contract**: a contract concluded under a system organized by the entrepreneur for the sale at a distance of products and/or services, using only one or more techniques for remote communication until the conclusion of the contract;
- **Technique for remote communication**: means that can be used for concluding a contract without the consumer and entrepreneur being in the same room at the same time;
- **General Terms and Conditions**: the present General Terms and Conditions of the entrepreneur.

**Article 2 – Identity of the Entrepreneur**

Email: info@alphathrive.com

**Article 3 – Applicability**

These General Terms and Conditions apply to any offer made by the entrepreneur and to any distance contract and orders between the entrepreneur and the consumer.

Before concluding the distance contract, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract that the General Terms and Conditions are available at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these General Terms and Conditions may be made available electronically before the conclusion of the distance contract in such a way that it can easily be stored on a durable medium by the consumer. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the General Terms and Conditions can be accessed electronically and that they will be sent to the consumer free of charge either electronically or in another way upon request.

In the case that specific product or service conditions also apply in addition to these General Terms and Conditions, the second and third paragraphs apply accordingly, and the consumer may always invoke the most favorable provision in the event of conflicting General Terms and Conditions.

If one or more provisions of these General Terms and Conditions are invalid or annulled at any time, the agreement and these conditions will remain in force, and the relevant provision will be promptly replaced by a provision that closely reflects the intent of the original.

Situations not covered by these General Terms and Conditions will be assessed in accordance with the intent of these General Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of these terms must be interpreted in accordance with the intent of these General Terms and Conditions.

**Article 4 – The Offer**

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

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to assess the offer properly. If the entrepreneur uses images, they will represent the offered products and/or services accurately. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot lead to compensation or cancellation of the contract.

Images of products are an accurate representation of the offered products. The entrepreneur cannot guarantee that the displayed colors will exactly match the actual colors of the products.

Each offer contains information that clearly indicates what the rights and obligations are when the offer is accepted. This particularly includes:

- The price, excluding customs duties and import VAT. These additional costs are the responsibility and risk of the customer. The postal or courier service will apply the special rules for postal and courier services for import, which applies when goods are imported into the destination EU country. The postal or courier service will collect VAT (whether or not along with the customs clearance fees) from the recipient;
- Any shipping costs;
- The method by which the contract will be concluded and what actions are required;
- Whether the right of withdrawal applies or not;
- The method of payment, delivery, and execution of the contract;
- The period within which the offer can be accepted, or the period during which the entrepreneur guarantees the price;
- The communication costs if the costs of using remote communication technology are calculated differently from the regular basic rate for the used communication medium;
- Whether the contract will be archived after its conclusion, and if so, how the consumer can consult it;
- How the consumer can check and correct any data they provided before the contract is concluded;
- Any other languages in which the contract can be concluded, in addition to Dutch;
- Codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically;
- The minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, types of materials.

**Article 5 – The Contract**

The contract is concluded when the consumer accepts the offer and meets the associated conditions, subject to the provisions of paragraph 4.

If the consumer accepts the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer electronically without delay. Until the entrepreneur confirms receipt of the acceptance, the consumer can cancel the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe online environment. If the consumer can make electronic payments, the entrepreneur will take appropriate security measures.

The entrepreneur may, within legal limits, check whether the consumer can meet their payment obligations, as well as check the facts and factors relevant to the responsible conclusion of the distance contract. If the entrepreneur has good reasons not to conclude the contract based on this assessment, they are entitled to refuse an order or application with reasons or to impose special conditions on the execution.

The entrepreneur will send the following information, in writing or in a way that the consumer can store it on a durable medium, with the product or service:

- The business address where the consumer can file complaints;
- The conditions and method for exercising the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- Information on warranties and after-sales service;
- The details referred to in Article 4(3), unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
- The requirements for termination of 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.

Each agreement is concluded subject to the condition of sufficient availability of the relevant products.

**Article 6 – Right of Withdrawal**

When purchasing products, the consumer has the option to cancel the agreement without giving a reason within 14 days. This cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer.

During the cooling-off period, the consumer must handle the product and packaging with care. They may only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, the product must be returned to the entrepreneur with all accessories and, if reasonably possible, in the original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product, using a written message or email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the goods were sent back on time, for example, with a shipping receipt.

If the consumer has not notified the entrepreneur of the intention to exercise the right of withdrawal or has not returned the product within the periods mentioned in paragraphs 2 and 3, the purchase becomes final.

**Article 7 – Costs in Case of Withdrawal**

If the consumer exercises their right of withdrawal, the return shipping costs will be at the consumer's expense.

If the consumer has paid an amount, the entrepreneur will refund it as soon as possible, but no later than within 14 days after withdrawal, provided the product has been returned or conclusive proof of its return is provided.

**Article 8 – Exclusion of the Right of Withdrawal**

The entrepreneur can exclude the right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least before the conclusion of the agreement.

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

- Made by the entrepreneur according to the consumer’s specifications;
- Clearly personal in nature;
- That cannot be returned due to their nature;
- That may spoil or age quickly;
- Whose price depends on fluctuations in the financial market over which the entrepreneur has no control;
- For single newspapers and magazines;
- For audio and video recordings and computer software where the consumer has broken the seal;
- For hygiene products where the consumer has broken the seal.

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

- Concerning accommodation, transport, catering, or leisure activities that must take place on a specific