General Terms and Conditions
Updated on 25 October 2023
These general terms and conditions apply to all sales and purchase agreements entered into with Folie à Trois ("we" or "us") by any visitor to this website, hereinafter referred to as the "customer."
1.1 Identity of the Company
Folie à Trois BV
VAT ID: BE0746619193
Co-founders: Beeckman Luna & Quiddoes Shaïna
2.1 Agreement Conclusion
An agreement is deemed valid when an order is placed and payment is completed, or when an order is communicated via email.
3.1 Product Guarantee
We guarantee that the products we deliver meet the standards of usability, reliability, and lifespan as reasonably intended by both parties under the purchase agreement. This guarantee extends to the manufacturer's warranty for the product.
3.2 Inspection of Delivered Goods
The customer is obligated to inspect the delivered goods immediately upon receipt. Any defects, discrepancies, or incomplete deliveries must be promptly reported in writing to email@example.com within 10 calendar days of receipt. Failure to report within this timeframe will exempt us from liability.
Please note that the original label must remain intact for returns; removal of the label renders the article ineligible for reimbursement.
3.3 Limitations to Liability
Our liability does not apply if:
A) The customer has modified, repaired, or processed the delivered goods themselves or through third parties.
B) The delivered goods have been subjected to abnormal conditions, mishandling, or usage contrary to our provided instructions and/or instructions for use on the packaging.
4. Right of Revocation
4.1 Return & Refund Policy
Customers wishing to initiate a return or request a refund must adhere to our return & exchange policy.
To initiate a return, the customer must notify us via email (firstname.lastname@example.org) within 10 calendar days of receipt. The maximum return period is 14 calendar days. Failure to return the item within 14 calendar days of receipt will result in the shipping label charge, which will be deducted from the refund amount.
Please note that products purchased as B2B partners are generally not eligible for returns.
5.1 Secure Payment
All payments are securely processed through electronic platforms. Payment options include Visa, BanContact/MisterCash, Mollie, or bank transfer. Orders will not be processed until payment is successfully completed.
6. Execution / Shipment
6.1 Order Processing
We normally process orders immediately upon payment confirmation. However, for pre-orders, the execution period may vary. Shipments are dispatched within 1-2 working days via bpost. Any delay in execution does not entitle the customer to compensation.
6.2 Address Verification
Customers are responsible for ensuring the accuracy and completeness of their shipping address. Incorrect or incomplete addresses resulting in order returns will incur a compensation fee of €4.95 (BE), covering the cost of a new shipping label for national orders. This applies both to refunds and reshipments in such cases. Additionally, if a parcel is not collected from the post office and is returned to us, no compensation is available.
6.3 Order Cancellations
We do not provide compensation for canceled items, and we are not responsible for products already sold to your customers, as we do not operate as a dropshipping company.
7.1 Reseller Eligibility for Inclusion on the Folie à Trois Website
7.1.1 Use of the Folie à Trois Name: Resellers seeking to be featured on the Folie à Trois website (www.folieatroisshop.com) as a selling point must sell products under the name "Folie à Trois" in accordance with this policy.
7.1.2 Pricing Guidelines: Resellers must sell Folie à Trois products within the pricing range as defined by the Company, which typically includes a markup ranging from 2.5 to 3.5 times the Company's cost price. The Company reserves the right to provide specific pricing guidelines.
7.1.3 Branding Requirements: Resellers must use the official Folie à Trois branding, including logos, trademarks, and other visual assets, as provided by the Company. Any use of the Company's branding must be in accordance with the Company's branding guidelines.
7.2 Non-Compliance and Removal
7.2.1 Non-Compliance: If a Reseller does not comply with the pricing, branding, or other requirements set forth in this policy, they are not eligible to be included as a selling point on the Folie à Trois website.
7.2.2 Removal: The Company reserves the right to remove any Reseller from the list of featured selling points on the Folie à Trois website if they fail to meet the requirements outlined in this policy.
7.3. Inspection Rights
7.3.1 Inspection: The Company retains the right to inspect the stores, websites, or sales channels of Resellers at its discretion to ensure compliance with this policy.
7.3.2 Notice of Inspection: The Company will make reasonable efforts to provide Resellers with advance notice of inspections, but reserves the right to conduct unannounced inspections if circumstances warrant.
8. Restriction on Reselling
8.1 Prohibition on Marketplace Reselling
The customer acknowledges and agrees that our products are intended for resale through authorized own channels and are not authorized for resale on online marketplaces such as Amazon, Bol.com, or any other similar platforms, except with prior written consent from Folie à Trois.
8.2 Unauthorized Reselling
Any unauthorized resale of our products on prohibited marketplaces constitutes a breach of this agreement and may result in the termination of the customer's account and legal action, including but not limited to claims for damages and injunctive relief.
8.3 Approval for Marketplace Reselling
Customers seeking authorization for resale on restricted marketplaces must submit a written request to us for approval. Approval, if granted, will be subject to specific terms and conditions outlined in a separate agreement between the customer and Folie à Trois.
By agreeing to these terms and conditions, the customer confirms their understanding of and compliance with this restriction on reselling our products on prohibited online marketplaces.
9. Use of Images and Branded Packaging
9.1 Authorized Sales Under Buyer's Own Name
Buyers are authorized to sell our products under their own business or brand name. However, buyers selling under their own brand name are strictly prohibited from using our copyrighted images, logos, or branded packaging for any purpose, including but not limited to marketing, promotion, or resale, without prior written consent from Folie à Trois.
9.2 Copyright Protection
Any breach of our copyright, including the unauthorized use of our images, logos, or branded packaging, will be taken seriously. We reserve the right to take legal action, seek damages, and enforce our intellectual property rights to the fullest extent permitted by law in response to such breaches.
9.3 Request for Image Usage Authorization
Buyers who wish to use our images, logos, or branded packaging for promotional or resale purposes while not selling under our brand name must submit a written request to us for authorization. Authorization, if granted, will be subject to specific terms and conditions outlined in a separate agreement between the buyer and Folie à Trois.
By agreeing to these terms and conditions, buyers confirm their understanding of and compliance with these restrictions on the use of our copyrighted content and branded materials.
All disputes arising from this agreement shall be governed by Belgian law.
11. Binding Agreement
By placing an electronic order for products, the customer declares their agreement with these general terms and conditions, which are binding in all circumstances.