Terms & Conditions
Last update: Dec 12, 2023
These Terms of Use (“TERMS”), constitute a legally binding agreement between you (or the corporation, entity, organization or authority that you represent) and Fülhaus Inc. (“FÜLHAUS”). Your use of this website, https://fulhaus.com, along with all associated websites, domains and subdomains of Fülhaus (“WEBSITE”), IS GOVERNED BY THE FOLLOWING TERMS, AS UPDATED FROM TIME TO TIME.
We offer a wide range of products and items (“ITEM(S)”) and services (“SERVICES”) for sale on the Website, and sometimes additional terms may apply, in which case you will be notified of such additional terms.
Please also review our Privacy Policy to understand how we collect, use, disclose, and secure personal information, as well as any rights that you may have.
By using this Website, you agree to these Terms. Please read them carefully.
ACCESS AND USE
You are responsible and liable for (a) your use of the Website, including unauthorized conduct and any conduct that would violate the requirements of these Terms; and (b) any use of the Website through your account, whether authorized or unauthorized. In addition, you acknowledge the following:
You may have to pay fees to access certain features or Services of the Website, and such fees may not be refundable, whether you purchase Items or not;
You will not access the Website in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Website, or to copy any ideas, features, functions or graphics of the Website;
You will not engage in web scraping or data scraping on or related to the Website, including collection of information through any software that simulates human activity or any bot or web crawler;
In your use of the Website, you will comply with all applicable laws, including privacy and IP laws;
You will not use the Website for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website; and
You will not transmit to the Website any content that you do not have a right to transmit under any law or under a contractual relationship, any content that infringes upon the IP rights of any party, any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation.
Violation of any of the above provisions may result in the immediate termination of your account and/or access to the Website. Fülhaus reserves the right to investigate and take appropriate legal action against anyone who, in Fülhaus' sole discretion, violates these Terms, including reporting you to law enforcement authorities.
THIRD-PARTY LINKS
This Website may include links to third-party websites (“LINKED SITES”) that are not affiliated with Fülhaus. These Linked Sites are provided for your convenience only. Fülhaus has no control over the content of Linked Sites and is not responsible for the materials or information found on these sites, or your engagement with those sites. You should carefully review the terms of use and privacy policies of any third-party websites you visit.
MODIFICATIONS TO THE WEBSITE
Fülhaus has the right to make changes or remove the Website, as well as any of the Items or content provided on it, without advance notice. If our changes materially affect the Services we provide you, we will update these Terms. If the Website is unavailable for any reason, Fülhaus shall not be liable for any resulting effects on you. Occasionally, Fülhaus may prevent certain people from accessing parts of the Website or the entire Website.
INTELLECTUAL PROPERTY (IP)
You understand and agree that the Website and its entire content, features, and functionalities, including all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement are owned by Fülhaus, its licensors, or other content or products providers or vendors of such material, and are protected in all forms by IP laws including copyright, trademark, patent, trade secret, and any other proprietary rights. Accordingly:
Fülhaus retains all rights, title, and interest in and to the Website, including all software used to provide the Website and all graphics, user interfaces, logos, and trademarks reproduced through the Website. Fülhaus’ name, the Fülhaus trademark, the Fülhaus logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks (“MARKS”) of Fülhaus or its affiliates or licensors.
You must not use the Marks without the prior written permission of Fülhaus.
These Terms do not grant you any IP license or rights in or to the Website, the Marks, or any of its components, except to the limited extent that such rights are necessary for your use of the Website as specifically authorized by these Terms.
Fülhaus may not own IP rights in other names, trademarks, logos, product and service names, designs, images, slogans and vendor’s materials that may appear on the Website, but in such case, Fülhaus has obtained permission from such third-parties to use those materials and images on the Website. YOU MUST NOT USE ANY OF THIS PROPERTY WITHOUT THE EXPRESS WRITTEN PERMISSION OF FÜLHAUS. If you do, it shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws, and could result in legal action against you.
You will not upload and/or transmit content onto the Website for which you would be infringing on IP rights or do anything that violates someone else's IP rights. Fülhaus is not responsible or liable for any IP rights infringement caused by you. In using the Website, you agree that you possess all the necessary IP rights for processing, uploading or transmitting content to the Website.
YOUR ACCOUNT
To use certain features or Services of the Website, you may have to create an account. You agree that (a) all required registration information you submit for account creation is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your account at any time, for any reason, by following the instructions on the Website.
It is your responsibility to keep your account information, including your password, confidential. If you don’t, you may be held responsible for any activity that occurs under your account, including any purchases. You must notify Fülhaus immediately if you suspect any unauthorized use of your account or any other security breach. IF YOU FAIL TO MAINTAIN THE CONFIDENTIALITY OF YOUR ACCOUNT, YOU MAY BE HELD LIABLE FOR ANY LOSSES INCURRED BY FÜLHAUS OR OTHER USERS OF THE WEBSITE.
Fülhaus reserves the right to disable your account access at any time.
If you are merely surfing or browsing through the Website and have not yet created an account, your use of the Website is still subject to these Terms.
ORDER ACCEPTANCE AND CONFIRMATION
Once we receive your online order, we will send you an email to confirm that order. Your receipt of an order confirmation, however, does not mean that Fülhaus has accepted your order and is fulfilling it; we are simply confirming that we received your order and will process it shortly.
Fülhaus may require additional verifications or information before accepting any order. To the extent that additional information is required, Fülhaus will contact you for such information.
FÜLHAUS RESERVES THE RIGHT AT ANY TIME AFTER RECEIPT OF YOUR ORDER TO ACCEPT OR CANCEL YOUR ORDER, OR ANY PORTION OF IT, EVEN AFTER YOU RECEIVE AN ORDER CONFIRMATION FROM FÜLHAUS, FOR ANY REASON WHATSOEVER. If Fülhaus cancels an order or part of an order that Fülhaus has already charged you for, Fülhaus will refund the applicable amount.
Fülhaus reserves the right to limit order quantity for Items at any time.
ORDER CANCELLATION AND MODIFICATION
You may cancel or modify an order within 48 hours of submitting it without paying fees by emailing Fülhaus at help@fulhaus.com. After 48 hours, fees may be applicable for any order cancellation or modification. Please note that we are unable to cancel an order once it has shipped. If the order has shipped, you will need to proceed with our refund process and return policies upon receipt of your order.
ITEM SUBSTITUTION
When placing an order for Items on our Website, you will be prompted with the option to either accept or refuse “Items substitutions” in the unlikely event that we are unable to fulfill your order for the Items in your order. Should you accept Item substitution, we will substitute any unavailable Item(s) with the best match possible and inform you of such substitution(s) via email. Should you refuse Item substitution, you will receive an email to confirm the Item(s) that are unavailable, and such Item(s) will not be charged to you. For more details regarding such a situation, see the "ITEM AVAILABILITY AND LIMITATIONS" section below.
ITEM DESCRIPTION
Fülhaus strives to be as precise as possible in its Item descriptions, but sometimes errors or omissions can occur. As a result, Fülhaus cannot guarantee that all the information, including Item descriptions, is completely accurate, reliable, up-to-date, or free of errors. If an Item you receive from Fülhaus does not match its description, you can return it in following our return policy within 7 days of receipt. THIS IS YOUR ONLY RECOURSE FOR ANY DISCREPANCIES BETWEEN THE ITEM DESCRIPTION AND THE ACTUAL ITEM.
SUPPLIER RESPONSIBILITY
Fülhaus sources the Items available for purchase on its Website from third-party suppliers, who are responsible for providing accurate information about the products they supply. This includes consumer warnings and information about materials that may be considered “hazardous”. As a result, suppliers are solely responsible for ensuring the accuracy of the information they provide to Fülhaus about Items for sale on the Website, and Fülhaus cannot take responsibility for the accuracy of this information.
PRICING AND PRICE CORRECTIONS
Fülhaus has the right to change the prices of displayed Items on the Website at any time and to fix any accidental pricing errors without prior notice. Any such changes will be communicated by posting the new prices on the Website. ADDITIONALLY, FÜLHAUS RESERVES THE RIGHT TO INTRODUCE ADDITIONAL FEES AT ANY GIVEN TIME, INCLUDING MEMBERSHIP FEES OR SUBSCRIPTION FEES, TO ACCESS CERTAIN FEATURES AND SERVICES OF THE WEBSITE.
The retail price of each Item shown on the Website excludes shipping & delivery costs, applicable taxes, and any other applicable fees, unless otherwise stated. Fülhaus may offer promotions or special pricing on Items for a limited period.
Unless otherwise indicated, all prices on the Website are shown in U.S. dollars and exclude taxes. If paying with an international credit card, the final purchase price may be affected by exchange rates and foreign conversion charges and fees from the bank or credit card issuer.
Any personal information collected by the financing provider(s) is not subject to Fülhaus' Terms or Privacy Policy once you leave the Website.
PAYMENT METHODS AND TAXES
Fülhaus accepts a variety of payment methods, such as credit cards, debit cards or wire transfers.
In accordance with local applicable laws, any online order will be taxed according to the applicable tax rates of your shipping address.
SHIPPING AND DELIVERY
AT THIS TIME, ANY ITEM PURCHASED VIA THE WEBSITE CAN ONLY BE SHIPPED TO THE UNITED STATES (BUT OUR SERVICES ARE AVAILABLE ELSEWHERE).
Fülhaus is committed to ensuring fast and efficient delivery of your Items, but please note that once your order leaves our warehouse, the delivery may be impacted by many events beyond our control. Therefore, we cannot be held liable for any loss or damage arising from delay or failure in filling any order, or for late deliveries. Please note that no delay in the shipment or delivery of any Item will relieve you of your obligations, including accepting delivery and making applicable payments.
If you order multiple Items, you may receive separate shipments. The shipping costs are calculated and displayed before you complete your order on our Website, and you can also see shipping costs on the order confirmation email and in your account in the order history section.
Please note that delivery of Items by Fülhaus is not inclusive of installation, assembly, and removal of debris from such assembly.
RETURNS AND REFUNDS
UNDAMAGED OR UNDEFECTIVE ITEMS
We want you to love your purchase! If, for whatever reason, you are unhappy with it, you can initiate a return within 30 days of receiving your full order. Returns that are not Damaged Items or Defective Items (as defined below) will be charged a restocking fee of $100 USD in addition to the cost of return shipping.
Once we receive the Item you wish to return, it will be inspected by our team within 15 business days. Provided the Item is in its original condition, undamaged, unwashed, unused, retain all original tags, and is in saleable condition, we will issue the refund to your original payment method. We are not responsible for any damage incurred during the return shipping process. Items damaged during the return process will not be eligible for a refund. Taxes will be refunded in accordance with state or provincial laws. You will receive an email notification when your return has been processed and your refund has been initiated.
FOR HYGIENIC REASONS, WE CANNOT ACCEPT RETURNS ON CERTAIN ITEMS, INCLUDING UNSEALED CUSHION INSERTS, RUG PADS, TOWELS, SHEETS, MATTRESSES AND BED LINENS, UNLESS THEY ARE DEFECTIVE OR DAMAGED.
DAMAGED OR DEFECTIVE ITEMS
If your Item is damaged or defective (“DAMAGED ITEM” or “DEFECTIVE ITEM”), please email us within 7 days of receipt of the Damaged or Defective Item at help@fulhaus.com with photos of the damages and/or defects. Fülhaus will then determine, in its sole discretion, whether the Items are in fact Damaged Items or Defective Items and if they are, Fülhaus will provide the return shipping address and relay any further instructions.
A Damaged Item is defined as an Item that is damaged, including cosmetic issues or damages that do not impact the structural integrity of the Item and can be reasonably repaired with a marker, paint or similar or an Item that is determined by Fülhaus to be otherwise damaged on visual inspection.
A Defective Item is defined as an Item that is defective to the extent that the structural integrity of the Item is beyond repair.
We do not currently offer exchanges of Items. If you wish to exchange an Item, we recommend you order the replacement Item as soon as possible and return the unwanted Item. Many of our Items go out of stock quickly due to high demand. This means we cannot guarantee that the desired Item will still be available by the time we are able to refund the return.
RISK OF LOSS AND TITLE IN THE ITEMS
The risk of loss or damage to Items shall pass to you when you, or a person you designate to represent you, acquires physical possession of the Items.
Title in the Items shall pass to you when the Items are picked up at our facility or warehouse by the carrier or company responsible for delivery. At that moment, you will receive a confirmation of shipment via email. If there are any issues with the delivery of your Items, please contact Fülhaus support team at help@fulhaus.com.
ITEM AVAILABILITY AND LIMITATIONS
Given the supply constraints of some of our Items and the nature of an online marketplace, some Items may not be available at the time you are ready for purchase. We cannot guarantee that any Item placed in your cart will be available at the time of purchase. Fülhaus reserves the right to change quantities available for purchase at any time, even after you place an order.
There may be occasions when Fülhaus confirms your order but subsequently learns that it cannot supply the ordered Item. In the event we cannot supply an Item or Items you ordered, we will cancel the order and refund your purchase price in full. Otherwise, we may suggest alternative Items and you may accept or refuse such alternatives.
When you place an order on the Website, Fülhaus will temporarily hold the amount charged on your payment method.
If you selected the option “Item Substitution” when placing your order, and an Item from such order is out of stock, Fülhaus will select a substitute Item for you, which will not exceed 25% of the original Item price. You will be notified of the substitution and Fülhaus will process the payment with the adjusted total amount (if applicable) on your payment method.
If you did not select the option “Item Substitution” when placing your order, and an Item from such order is out of stock, you will be notified and Fülhaus will only process the payment for the Items that are available (meaning you will not be charged and later refunded for Items that are out of stock).
AFFILIATE PROGRAM
These Terms of Service (the "Agreement") govern your participation in our affiliate program (the "Program") and establish the terms and conditions of the Program. By participating in the Program, you agree to abide by these terms.
Self-referrals are not allowed
You are not permitted to sign up for Fülhaus through your own affiliate link. If we detect any self-referrals, your account will be permanently banned and any commission earned will be forfeited.Abuse or attempting to mislead
We do not tolerate attempts to abuse our affiliate system. Any attempt to mislead, manipulate or defraud us or potential customers will result in your account being permanently banned. This includes posting fake discounts to coupon-sharing websites or engaging in any other activity that violates our policies.No search engine ads, Facebook ads, or other ads that compete with our own marketing
You are not allowed to run any search engine ads (especially on branded terms or domain names), Facebook ads, or other ads that would compete with our own marketing and potentially cause confusion for customers. We reserve the right to terminate your account if we detect any such activity.No pretending to be acting on behalf of us (i.e. as an employee)
You are not allowed to impersonate us or pretend to be acting on our behalf. This includes posing as an employee or representative of our company.Changes to the Terms of Service
We reserve the right to change the Terms of Service for our affiliate program at any time. We will provide notice of any changes to the Terms of Service on our website, and it is your responsibility to review the changes and comply with the updated terms.
By participating in our affiliate program, you agree to comply with these terms and conditions. We reserve the right to terminate your participation in the Program at any time and for any reason if you violate these terms. If you have any questions about these terms or our affiliate program, please contact us at help@fulhaus.com.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
We disclaim all warranties of any kind regarding the Items, including any warranties of merchantability and fitness for particular purpose.
WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITE, OR ANY INFORMATION CONTAINED ON THE WEBSITE, INCLUDING USER-GENERATED CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE.
FOR ANY DISPUTE REGARDING ITEMS OR SERVICES YOU ORDER THROUGH OUR WEBSITE, OUR LIABILITY IS LIMITED TO THE GREATER OF (1) THE AMOUNT IN DISPUTE, NOT TO EXCEED THE TOTAL AMOUNT PAID TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; OR (2) $100 USD.
We shall not be responsible for delay and/or non-provision of the Services or Items or unavailability of the Website due to events beyond our control such as Internet failures, equipment failures, natural disasters, governmental actions, and pandemics.
You accept the risks associated with the nature of an online marketplace in that Fülhaus does not manufacture the Items itself, but rather makes the Items available to you via an online marketplace. ACCORDINGLY, FÜLHAUS DISCLAIMS ANY LIABILITY ASSOCIATED WITH THE MANUFACTURING QUALITY OF ANY ITEM. FOR BETTER CLARITY, YOU ACKNOWLEDGE THAT ITEMS MAY NOT BE IDENTICAL TO IMAGES SHOWN ON OUR WEBSITE AND/OR MAY BE INCOMPATIBLE WITH YOUR INTENDED USE. Regardless, in the event that any Item is not as you expect, Fülhaus will use its best efforts to replace such Item, but you acknowledge that additional fees may apply.
INDEMNIFICATION
You agree to indemnify and hold harmless Fülhaus from and against any and all third-party claims, demands, actions, debts, liabilities and attorney’s fees arising out of, claimed on account of, or in any manner predicated on loss or damage to such third-party caused or contributed to by you in connection with your unauthorized or inappropriate use of the Website, all except to the extent arising from the negligence or misconduct of Fülhaus or its agents or employees.
APPLICABLE LAW
Fülhaus is located in Canada and the United States. Access to the Website may not be legal by certain persons or in certain countries, and our Items are only available for purchase and delivery in certain countries. When you access the Website, you do so on your own initiative and are responsible for compliance with local laws.
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of and your purchase of Items and/or services through Fülhaus. Any breach of these Terms (or dispute related to them) shall be governed by the laws of Québec and the laws of Canada without regard to any conflict of law provisions. We may report any breaches relating to these Terms to the appropriate authorities. You agree that the courts located in Québec, Canada will resolve all disputes related to these Terms, despite any inconvenience to you.
CHANGES
We reserve the right to alter or amend these Terms at any time, solely at our discretion. Should any changes or modifications be made to these Terms, we will provide notice of such changes, such as by posting a notice on our Website and/or updating the “Last Update” date above. Your continued usage of the Website following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you disagree with the amended Terms, you must discontinue using our Website.
Any updated versions of the Terms and/or Privacy Policy will replace all prior versions, notices or statements regarding the Website. If requested, you agree to sign a non-electronic version of these Terms.
CONTACT US
If you have any questions about these Terms, please contact us:
By mail: Fülhaus Inc., 800, rue du Square-Victoria, Office 3500, Montréal, QC H4Z 1E9
By email: help@fulhaus.com
Should you become aware of misuse of the Website including libellous or defamatory conduct, you must report it to us at help@fulhaus.com.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to help@fulhaus.com.
The English text of these Terms constitutes the official text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.