Terms and Conditions
Businesses
1. Applicability and Acceptance
1.1 Scope of Terms
These Terms & Conditions (“Terms”) govern all offers, quotations, orders, agreements, and deliveries made by Formosus Home B.V. (CoC: 91800676, VAT: NL865775370B01, referred to as “we,” “us,” or “our”). They define the legal relationship between us and professional or business clients (“you”), including, but not limited to, interior designers, resellers, architects, hotels, restaurants, and trade professionals.
1.2 Acceptance
By requesting a quotation, executing an order confirmation, or purchasing products from us, you acknowledge and agree to be bound by these Terms.
1.3 Precedence
These Terms prevail over any of your own purchasing terms and conditions, regardless of when those terms were communicated to us. Any deviation from these Terms is valid only if expressly agreed upon by us in writing and confirmed by an authorized representative.
1.4 Amendments
We reserve the right to update or amend these Terms. The version applicable to your order is the one in effect on the date the order confirmation is issued by us.
2. Product Information and Specifications
2.1 Product Representation
Images and descriptions provided on our website, in catalogues, and in quotations are intended to offer a clear representation of our products. All stated measurements are close approximations. We make every effort to display colors accurately; however, variations may occur due to screen settings.
2.2 Natural Materials and Variations
We primarily use natural materials, such as timber and rattan. By placing an order, you acknowledge and accept the inherent natural variations in tone, hue, grain, and character that distinguish these materials. These unique, naturally occurring characteristics are considered part of the product’s quality and design, not defects.
3. Pricing and Quotation
3.1 Pricing and VAT
3.1.1. All quoted prices by us are in Euro (EUR).
3.1.2. All prices on our product price list exclude local VAT.
3.1.3. Delivery cost depends on factors such as your delivery address, product volume, weight, so the delivery cost will be calculated accordingly.
3.1.4. For customers outside the Netherlands, VAT rates may differ. We recommend requesting a quote to get a detailed breakdown of all applicable charges.
3.2 Quotes and Agreements
3.2.1. Unless otherwise stated, any quotation or offers by us are subject to these Terms and Conditions.
3.2.2. For business clients, the registered company name and VAT number are required for VAT calculation and legal entity verification purposes.
3.2.3. Shipping cost is calculated based on the delivery address and the freight rates at the moment of quotation. This is for the clients to have a reference for the future planning.
3.2.4. Shipping is an estimate and will be invoiced at the actual cost prevailing at the time of shipment.
3.2.5. Your quote is valid for 30 calendar days from the date it’s sent.
4. Order and Payment
4.1 Order Confirmation and Payment Terms
4.1.1. To formally accept a quotation and confirm your order, you must communicate your explicit agreement by replying to the email from which the quotation was originally sent.
4.1.2. Production will only commence upon receipt of a fifty percent (50%) down payment of the total quoted amount. This payment serves to secure the order and initiate the manufacturing process.
4.1.3. Upon successful receipt of the down payment, we will issue a formal Sales Invoice confirming the final order details and clearly stating the remaining balance due.
4.1.4. Due to the nature of made-to-order, we do not refund the down payment and the order cannot be changed and cancelled by the customer once the production process commences.
4.2 Final Payment and Delivery
The remaining fifty percent (50%) balance is due at a critical juncture in the delivery process, as detailed below.
4.2.1. Payment Trigger and Notification
The final payment is due when the goods depart from the port of origin. We will notify you immediately upon confirmation of port departure and simultaneously issue the final invoice for the remaining balance. The payment term is 30 calendar days.
4.2.2. Conditions of Final Delivery
The final delivery of the furniture will only be scheduled and executed once the outstanding balance has been settled in full and the funds have cleared. Failure to complete the final payment within the due date will result in extra storage costs invoiced to you and delays to your delivery.
4.2.3. Retention of Title
The ordered goods remain the property of Formosus Home B.V. until the invoice is paid in full.
4.2.4. Failure of Payment in Time
If the customer fails to pay more than 30 calendar days of the due date, we will cancel the order and the storage costs will be invoiced to the customer.
4.3 Payment Method
4.3.1. Our standard and preferred method for payment is bank transfer. Payment shall be remitted to the bank account specified below:
Bank Name: ING Bank
Accout Name: Formosus Home B.V.
IBAN / Account: NL47 INGB 0106 9121 86
BIC/SWIFT: INGBNL2A
4.3.2. Clients are responsible for covering all bank charges, transaction fees, and any currency conversion costs associated with international transfers.
5. Delivery Terms
5.1 Production Lead Time
5.1.1. All our furniture is made to order. The lead time for production is subject to the volume of current orders and the specific manufacturing complexity of the product.
5.1.2. Estimated Production Time: The standard production lead time is 8 to 10 weeks, which excludes all international transportation time. For bulk orders, the production lead time will be substantially longer; a specific estimate will be provided within your formal quotation.
5.1.3. International Transportation Time: Due to current global logistics and the situation in the Red Sea, the estimated international transportation lead time is approximately 10 to 11 weeks.
5.1.4. All time estimates provided are made in good faith and are intended to be as accurate as possible; however, they are subject to change based on unforeseen production or logistical challenges.
5.1.5. Delivery dates are non-binding and Formosus Home is not liable for liquidated damages or losses resulting from delays beyond our control.
5.2 Our Delivery Services
5.2.1. Threshold Delivery (Standard)
Our standard B2B delivery service is Threshold Delivery. This includes transport to the first dry, secure area of the specified address (e.g., a lobby, garage, or loading dock).
-
-
-
- Exclusions: This service does not include transit to upper floors via stairs/elevators, unboxing, assembly, or the removal of packaging/pallets.
- Access Requirements:
- The delivery path to the threshold must be clear, unobstructed, and capable of accommodating a pallet jack and the dimensions of the crated goods.
- If a threshold is inaccessible by pallet jack, the delivery reverts to curbside, and no refund is given.
- Packaging Responsibility: All protective export packaging (including wooden crates and double-walled cardboard) remains the property and responsibility of the Client for disposal.
-
-
5.2.2. White Glove Delivery (Recommended)
We offer an optional White Glove Delivery service for an additional fee. This premium service includes:
A. Delivery of the order to the final point of use inside the premises.
B. Assembly of the furniture.
C. Removal of all delivery packaging.
5.2.3. Curbside Delivery
You can also choose Curbside Delivery, which means your order will be delivered to the curb or to the door of the specified address.
-
-
-
- Curbside Delivery includes the pallet/packaging, and disposal is the sole responsibility of the client.
- This service does not include moving the furniture inside, assembly, or removal of packaging.
- For Curbside Delivery, the risk of loss or damage transfers to the Client the moment the goods are discharged from the vehicle. Any damage occurring during the movement of goods from the curb to the interior is not covered by Formosus Home.
-
-
5.2.4. We strive to meet all delivery times mentioned in your quote; however, these are approximations and not guaranteed. We reserve the right to change delivery schedules if required.
5.2.5. Delivery Delays and Changes
While we manage the delivery process and provide regular updates, we cannot accept liability for delays caused by international transportation, customs processes, or third-party delivery services. Should you need to change the confirmed delivery date, you must notify us at least 3 business days in advance.
5.3. Storage
5.3.1. Complimentary Period
Formosus Home provides up to seven (7) calendar days of complimentary storage starting from the date the Client is notified that the goods are ready for shipment to the destination port.
5.3.2. Storage Charges
Following the complimentary period, storage fees will be invoiced at a rate of €1.50 per cubic meter (CBM) per day (Minimum €50.00 per week).
5.3.3. Market Rate Adjustment
Notwithstanding Section 5.3.2, if the actual storage and demurrage charges incurred by Formosus Home from third-party logistics providers exceed the rates stated above, Formosus Home reserves the right to invoice the Client based on the prevailing market rate plus a 10% administrative surcharge.
5.3.4. Handling Fee
A one-time handling fee of €5.00 per CBM applies to any order moved into extended storage (beyond the complimentary 7 days) to cover additional warehouse movements and administrative overhead.
5.3.5. Settlement
All accrued storage and handling fees must be paid in full before shipment is scheduled.
5.3.6. Transfer of Risk
During any period of extended storage requested by the Client or caused by the Client’s failure to settle the final balance, the risk of loss or damage to the goods shifts entirely to the Client. Formosus Home recommends the Client ensures their insurance covers goods in secondary storage.
5.3.7. Maximum Storage Duration
We cannot store goods for more than thirty (30) calendar days. After this period, Formosus Home reserves the right to consider the order cancelled (per Section 4.2) or move the goods to a long-term commercial storage facility at the Client’s sole expense, including all additional handling and transport costs.
5.4. Delivery Cost
5.4.1. The total delivery cost is determined by several variables, including the delivery address, product volume, weight, and any specific access considerations. The precise delivery cost will be calculated accordingly and will be fully detailed in your quote.
5.5. Client Responsibilities for a Successful Delivery
5.5.1. To ensure a successful and problem-free delivery, your cooperation and provision of accurate information are required.
5.5.2. Site Details and Measurements
Special Requirements: Any specific access needs, such as gated entry, limited parking, or restricted delivery timeframes.
Site Information: Details on the final placement floor, the availability and size of an elevator, or any unique entry requirements (e.g., delivery through a window).
Measurements: Accurate measurements of the final space and the entire delivery path (including doorways, stairwells, and hallways) to confirm the furniture will fit.
5.5.3. Failure to Complete Delivery
If our delivery partner is unable to complete the delivery due to access restrictions or a failure to make contact with you at the scheduled time, you will be responsible for any resultant redelivery fees and storage cost. The original delivery cost will not be refunded.
5.5.4. On-Site Safety and Protection
For safety compliance, delivery personnel are required to keep their footwear on. You are responsible for protecting your floors, and we recommend placing protective material, such as plastic sheeting or blankets, down prior to the delivery team’s arrival.
5.6. Upon Reception of Goods
5.6.1. Regardless of the delivery service selected, a thorough inspection of the delivered furniture is mandatory while the delivery team is still on-site. You must:
First, verify that the correct product has been delivered.
Second, check for any visible damage to the exterior packaging.
Lastly, carefully inspect the furniture itself for any damage or defect.
5.6.2. If you opted for White Glove Delivery (currently only available for Benelux clients), the team will assemble the furniture and remove packaging, facilitating this inspection.
5.6.3. In the unlikely event that the product is incorrect or exhibits visible damage: Do not accept the item. Instruct the driver or delivery team to take the item back immediately. Any damages or discrepancies must be clearly noted on the delivery receipt before the team departs. Failure to note visible damage at the time of delivery may affect your claim eligibility.
6. Cancellation and Returns
6.1 Cancellation
The order is considered valid only after the deposit has been paid. Once it is valid, it cannot be cancelled by the customer.
6.2 Returns
As all our products are made to order, we are unable to accept returns or exchanges.
7. Warranty
7.1. Two-year warranty
7.1.1. The warranty covers material and manufacturing defects on all products in our collection. Any damage must be repaired or the product replaced within the warranty period.
7.1.2. The warranty is valid for 2 years from the date the product was delivered to your home. In order to be covered by the warranty, any defects in a product must be reported to Formosus Home within a reasonable period of time after the defect has been discovered.
7.2. Not Covered in the Warranty
7.2.1. The warranty does not cover normal wear and tear, cuts, scratches, or other damage resulting from improper use, accidents, impacts, or mishandling.
7.2.2. It also excludes damage or discoloration caused by inadequate care, maintenance that does not follow our care guide, or neglect.
7.2.3. Products that have been improperly stored, misused, or exposed to extreme temperature or humidity fluctuations, direct sunlight, or unsuitable environments, such as near heaters, outdoors, or in bathrooms, are not covered under warranty.
7.2.4. Replacement products provided under warranty do not come with a new 2-year warranty. Once an item has been replaced under warranty, no further warranty applies to the replacement.
7.3. Warranty Realisation
7.3.1. When you report a defect, we will investigate and assess whether it is covered under the warranty. Following this, we will determine whether the defect can be repaired or if the product needs to be replaced.
7.3.2. We will cover the costs of repairing or replacing the affected part(s), as well as any international transport costs to the country where the original product was delivered. Additionally, we will bear the costs of retrieval and delivery.
7.3.3. If the damage can be repaired, the repair will be carried out by us or a partner chosen by us. The defect will be addressed without the option for a price reduction or any other form of compensation.
8. Data Protection and Privacy
We value your privacy and handle your personal information with care, always complying with relevant data protection laws. To fulfill your order, we need to process and store your information and share it with trusted third parties, like our couriers, who help deliver your order. By placing an order with us, you consent to this data processing, ensuring a smooth and efficient experience.
For more details about how we use your data, check out our Privacy Policy, or reach out to us at privacy@formosushome.com.
9. Governing Law
These terms and conditions are governed by the laws of the Netherlands.
