Terms & conditions

Terms and Conditions

Applicability

1. These terms and conditions apply to the entire offer of FabFoyer and every agreement between FabFoyer and a buyer, as well as to each product offered by FabFoyer.
2. Before a (remote) agreement is concluded, the buyer will be provided with these terms and conditions. If this is not reasonably possible, FabFoyer will indicate to the buyer how the terms and conditions can be viewed, which are, in any case, published on FabFoyer’s website, allowing the buyer to easily store these terms and conditions on a durable medium.
3. In exceptional situations, deviations from these terms and conditions may occur if explicitly agreed in writing with FabFoyer.
4. These terms and conditions also apply to additional, modified, and subsequent agreements with the buyer. Any general and/or purchasing conditions of the buyer are expressly rejected.

Our Offer

1.  FabFoyer has the right to refuse an agreement with a potential buyer for a reason justified by FabFoyer.
2. The offer includes a precise description of the offered product and/or customized products with the associated prices. The description is detailed enough to allow the buyer to make a proper assessment of the product. Any images and/or specific information about the offer are merely indicative and cannot form the basis for any compensation or cancellation of the agreement. Minor deviations acceptable in the industry are allowed and do not provide grounds for terminating the agreement. FabFoyer cannot guarantee that the colors in the image exactly match the actual colors of the product.
3. Delivery times stated in FabFoyer’s offer are indicative and do not entitle the buyer to termination or compensation if exceeded unless otherwise explicitly agreed.
4. If an offer is valid, it does not automatically apply to subsequent orders or reorders. Offers are only valid if provided to the buyer.
5. If the offer is based on information provided by the buyer and this information turns out to be incomplete and/or incorrect, or if this information is later modified, FabFoyer has the right to adjust the rates, delivery times, and/or prices stated in the offer. The buyer is obliged to accept the modified circumstances and meet the specified payment obligations.

Formation of the Agreement

1. The agreement is concluded when the buyer accepts a product or quotation from FabFoyer. This can be done directly online or through written contact.
2. A product can be offered and sold online by FabFoyer via the website.
3. If the buyer has accepted the offer by entering into an agreement with FabFoyer, FabFoyer will confirm the agreement with the buyer by email.
4. Customized products are excluded from the right of withdrawal due to the custom nature of the products. This is explicitly stated in the product and further information on the website.
5. Sale products cannot be returned.

Execution of the Agreement

1. FabFoyer will execute the agreement to the best of its knowledge and ability.
2. If required for the proper execution of the agreement, FabFoyer has the right to have certain customized work carried out by third parties at its discretion.
3. The buyer ensures that all information, which FabFoyer indicates is necessary or which the buyer should reasonably understand is necessary for the execution of the agreement, is provided to FabFoyer in a timely manner. If the information required for the execution of the agreement is not provided to FabFoyer in time, FabFoyer has the right to suspend the execution of the agreement.
4. In the execution of the agreement, FabFoyer is not obliged to follow the buyer’s instructions if they change the content or scope of the agreement. If the instructions result in additional work for FabFoyer, the buyer is required to compensate the additional costs accordingly.
5. Before proceeding with the execution of the agreement, FabFoyer may require security from the buyer or full advance payment.
6. FabFoyer is not liable for any damage, of any kind, arising because FabFoyer has based its actions on incorrect and/or incomplete information provided by the buyer, unless this inaccuracy or incompleteness was known to FabFoyer.
7. The buyer indemnifies FabFoyer against any claims from third parties who suffer damage in connection with the execution of the agreement attributable to the buyer.

Delivery

1. All packages are sent by external carriers. FabFoyer covers these shipping costs within the Netherlands and Belgium for purchases above €40.
2. Packages to other EU countries are shipped with a shipping allowance depending on the destination country.
3. The buyer will receive a track and trace link once the package has been shipped. If the buyer cannot receive the package, they will not receive additional notifications. The buyer is responsible for keeping track of the track and trace details.
4. A package is delivered to a pick-up point after an attempt. Depending on the carrier, the package will remain at the pick-up point for approximately 7 days. If this period has passed, the package will be returned to the supplier. Additional costs for resending the package will be charged to the buyer.
5. A delivery term is always indicative. Longer delivery times apply for deliveries outside the Netherlands. The average delivery time may differ from the indication due to unforeseen circumstances. The buyer will not be informed of this in the meantime.
6. The buyer is obliged to accept the goods at the time when they are made available to them according to the agreement, even if they are offered earlier or later than agreed.
7. If the buyer refuses acceptance or fails to provide the information or instructions necessary for delivery, FabFoyer is entitled to store the goods at the buyer’s expense and risk.
8. Deliveries will only be carried out if all invoices have been paid unless otherwise explicitly agreed.
9. FabFoyer reserves the right to refuse delivery if there is a justified fear of non-payment.

Packaging and Transport

1. FabFoyer is obligated to properly package and secure items so that they reach their destination in good condition under normal use.
2. Unless otherwise agreed in writing, all deliveries include VAT, packaging, and packaging materials, and any mandatory disposal fees.
3. Accepting items without comments on the waybill or receipt serves as proof that the packaging was in good condition at the time of delivery.

Returns

1. Customized products are excluded from the right of return.
2. FabFoyer accepts returns of standard mats (60×85 cm) within 14 days after receipt by the buyer.
3. The buyer is responsible for the shipping costs for returns.
4. If the buyer wishes to return a product, this can only be done with prior written permission from FabFoyer and according to the instructions as listed on the returns page of our website.
5. Returns must be carried out by the buyer under the following conditions:
   – The product must be clean and in its original packaging.
   – There should be no signs of use or damage.
   – All parts from the original package must be included.
   – The return form must be fully completed and added to the package.
6. The buyer is liable for all returns. FabFoyer is not responsible for the loss of a return package.
7. Refunds will be processed as soon as possible, but can take up to 10 business days after receipt of the return. Refunds will be made to the previously provided bank account number.

Inspection and Complaints

1. Any visible defects or shortages must be reported via email to hello@fabfoyer.com within 3 working days of receipt. Mention the order number, a description of the defects, and attach photos as evidence.
2. If the product is damaged due to the buyer’s carelessness, the buyer is responsible for any depreciation of the product.
3. Refunds will be processed as soon as possible but may take up to 10 business days after receipt of the return. Refunds will be made to the previously provided bank account number.

Work on Custom Products

1. FabFoyer is not liable for incorrect measurements or the provision of incorrect custom dimensions. Provided dimensions are final and irreversible unless reported and agreed upon in writing by FabFoyer before the start of production.
2. The buyer is obligated to ensure that all information required for the execution of the agreement, such as dimensions, is provided to FabFoyer in a timely manner and in the manner requested by FabFoyer.

Additional Work and Changes

1. If a fixed price has been agreed upon for the custom work, FabFoyer will inform the buyer of the additional costs or financial consequences of the additional work. FabFoyer will make an additional offer that the client must accept before the additional work will be carried out.
2. Unexpected costs due to incorrect information provided by the buyer, such as providing an incorrect delivery address, will be charged.
3. Price changes resulting from modifications to the agreement or due to legislation and regulations must be reimbursed by the buyer.

Prices

1. During the validity period of the offer, the prices of the offered products or custom work will not be increased unless there are changes in VAT rates.
2. The prices mentioned in the offer include VAT unless otherwise explicitly stated.
3. The prices mentioned in the offer are based on the cost factors applicable at the time of concluding the agreement, such as import and export duties, freight and unloading costs, insurance, and any fees and taxes.

Payment and Collection Policy

1. Payment can be made in advance in the currency invoiced using the specified method unless otherwise agreed.
2. The buyer must pay the full amount at once using the payment method offered by FabFoyer. Parties can only agree on a different payment term after explicit written permission from FabFoyer.
3. In the event of liquidation, bankruptcy, attachment, or suspension of payment of the buyer, FabFoyer’s claims on the buyer are immediately due and payable.
4. If the buyer does not fulfill their payment obligation, and after FabFoyer has informed the buyer of the late payment and the buyer has been granted a period of 14 days to still fulfill the payment obligation, and payment is not made within this period, the buyer owes statutory interest on the outstanding amount and FabFoyer is entitled to charge the collection costs incurred by FabFoyer.

Warranty

1. FabFoyer guarantees that the products meet the agreement, the specifications stated in the offer, usability, and/or reliability, as well as the legal regulations and/or government regulations existing on the date of the conclusion of the agreement.
2. Any agreed warranty applies only for defects caused by faulty manufacturing, materials, or construction and does not cover defects due to wear and tear, weather conditions, vandalism, or incorrect use.
3. If the delivered product does not comply with the agreement, the buyer must inform FabFoyer of this within a reasonable period of time. FabFoyer will then decide on a suitable solution, such as replacing the product, repairing the product, or providing a refund.

Retention of Ownership

1. FabFoyer retains ownership of all delivered products until the buyer has fulfilled all payment obligations under the agreement.
2. The buyer is not entitled to pledge or encumber in any other way the products falling under the retention of title.
3. The buyer must always do everything reasonably expected of them to secure FabFoyer’s property rights.

Liability

1. FabFoyer is not liable for indirect damage, such as consequential damage, loss of profit, missed savings, and damage due to business interruption.
2. FabFoyer is not liable for damage resulting from FabFoyer based its actions on incorrect and/or incomplete information provided by the buyer, unless this inaccuracy or incompleteness was known to FabFoyer.
3. FabFoyer’s liability for direct damage is limited to the amount of compensation stipulated in the contract (invoice amount). This liability is limited to an amount equal to the paid amounts of the products purchased.
4. FabFoyer is not liable for damage to delivered products caused by third parties due to or following incorrect use of the delivered products. If the third party disputes this, FabFoyer will initiate an investigation. This investigation may entail extra costs for the buyer.

Privacy and Cookies

1. FabFoyer respects the privacy of the buyer and ensures that the personal data provided by the buyer is treated confidentially. The personal data necessary for the processing of the order is shared exclusively with parties involved in the processing of the order.
2. The buyer agrees to FabFoyer’s privacy and cookie policy published on its website.
3. FabFoyer reserves the right to make changes to the privacy policy if necessary. For further details, the buyer can consult FabFoyer’s privacy and cookie policy published on the website.

Intellectual Property

1. All images, ideas, and texts of products on the website and other expressions are the intellectual property of FabFoyer, and copying, publicizing, or using these is not permitted without prior written permission from FabFoyer.

Governing Law and Disputes

1. Dutch law exclusively governs these terms and conditions.
2. Any disputes that may arise in connection with the agreement or the execution thereof will be submitted exclusively to the competent court in the Netherlands.
3. The Dutch text of these terms and conditions is always decisive in case of explanation of the content and scope of these terms and conditions. FabFoyer reserves the right to unilaterally amend these terms and conditions.