General Terms and Conditions Wholesale

Version March 18, 2025

At Moalie, we believe in long-term and transparent partnerships, based on trust, clarity, and consistency.

These general terms and conditions are established to ensure a professional collaboration, allowing us to focus on what we do best: developing high-quality knitwear for babies and toddlers, designed with care and clinical expertise.

1. Definitions

Moalie: Moalie, located at Zeeweg 65 A, 1753BB Sint Maartensvlotbrug.
Retailer: Any business customer purchasing products from Moalie.
Agreement: Any wholesale agreement, order, or delivery between Moalie and the Retailer.
Products: All goods supplied by Moalie.

2. Applicability

2.1 These general terms and conditions apply to all offers, orders, agreements, and deliveries between Moalie and the Retailer.

2.2 The Retailer's general terms and conditions are expressly rejected, unless otherwise agreed in writing by Moalie.

2.3 By placing an order, the Retailer declares acceptance of these terms.

3. Orders & minimum order value

3.1 All wholesale orders are binding once confirmed by Moalie.

3.2 Moalie reserves the right to refuse or cancel orders without stating a reason.

3.3 Orders cannot be cancelled or changed after confirmation, unless agreed in writing.

3.4 Orders based on prepayment become final only after full receipt of payment.

3.5 Moalie applies a minimum order value (MOV) for first and/or repeat orders. This is communicated via price list, order portal, or wholesale platform and may be adjusted periodically.

4. Prices

4.1 All prices are exclusive of VAT, unless otherwise stated.

4.2 Prices may be adjusted at any time and do not apply retroactively to already confirmed orders.

4.3 Obvious errors or mistakes in prices or texts are not binding.

5. Payment, prepayment & retention of title

5.1 Payment terms are agreed per customer and may consist of prepayment or payment on invoice.

5.2 Invoices must be paid within the agreed term.

5.3 For orders based on prepayment, payment must be received within 5 days after order confirmation. If payment is not received, Moalie reserves the right to cancel the order and release the reserved stock without further notice.

5.4 All delivered products remain the property of Moalie until the Retailer has fully met all payment obligations, in accordance with article 3:92 BW.

5.5 In case of late payment, Moalie is entitled to charge statutory commercial interest and reasonable collection costs.

5.6 Moalie reserves the right to suspend deliveries and refuse new orders as long as outstanding invoices remain unpaid.

5.7 Moalie reserves the right to charge reasonable administrative fees for payment reminders.

6. Delivery

6.1 All wholesale orders are shipped from the Netherlands.

6.2 Delivery times are indicative and do not constitute a strict deadline.

6.3 Moalie is not liable for delays caused by carriers or circumstances beyond its control.

6.4 The risk of loss or damage passes to the Retailer once the products have been handed over to the carrier.

7. Shipping

7.1 Shipping costs and any free shipping offers are calculated per shipment based on the net order value (excluding VAT and shipping costs).

7.2 Shipping rates vary by country and will be communicated separately.

7.3 Moalie currently ships within the EU. Deliveries outside the EU are possible upon request.

8. Inspection & Complaints

8.1 The Retailer must inspect the products immediately upon receipt.

8.2 Visible defects, shortages, or damage must be reported in writing within 5 working days after delivery.

8.3 Complaints after this period will not be processed.

8.4 Minor variations in color, material, or finish are considered acceptable and do not constitute grounds for complaint.

9. Returns

9.1 Wholesale orders cannot be returned unless agreed upon in writing.

9.2 Returns without prior written approval will not be accepted and remain at the Retailer's risk.

10. Brand Protection & Sales Channels

10.1 Retailers may only sell Moalie products through their own physical store(s) and/or their own webshop.

10.2 Sales through external platforms or marketplaces (such as Amazon, Bol.com, eBay, Zalando, or similar platforms) are not permitted without prior written consent from Moalie.

10.3 Retailers must present Moalie products in line with the brand's premium positioning.

11. Pricing policy & brand positioning

11.1 Moalie applies a recommended retail price (RRP). Retailers are expected to respect this pricing structure to protect the brand value.

11.2 Structural or significant deviations from this price may be considered harmful to the brand and may lead to reconsidering the cooperation.

11.3 Discounts on current collections are only allowed with prior written permission from Moalie.

11.4 New products may not be offered at a discount during the first 30 days after delivery.

11.5 Sales via discount platforms, flash sales, or price-focused websites are not allowed without prior written permission.

11.6 In case of repeated or serious deviation from this policy, Moalie reserves the right to suspend deliveries or terminate the cooperation.

12. Liability

12.1 Moalie's liability is limited to direct damage and will never exceed the invoice value of the relevant products.

12.2 Moalie is not liable for indirect or consequential damages, such as loss of profit or business interruption.

12.3 Nothing in these terms excludes liability that may not be excluded by law.

13. Force majeure

13.1 Moalie is not liable for failure to fulfill obligations due to force majeure, such as supplier delays, transport issues, strikes, or government measures.

13.2 In such cases, Moalie may suspend or terminate the agreement without being liable for damages.

14. Intellectual property

14.1 All intellectual property rights related to Moalie products, designs, images, and branding remain the property of Moalie.

14.2 Retailers may only use these materials for the sale of Moalie products.

15. Confidentiality

15.1 All prices, collections, and commercial agreements are confidential.

15.2 Sharing this information with third parties is not allowed without written permission.

16. Applicable law & disputes

16.1 All agreements between Moalie and the Retailer are exclusively governed by Dutch law.

16.2 Disputes will be submitted to the competent court in the Netherlands.

17. Changes

17.1 Moalie reserves the right to change these terms at any time.

17.2 The most recent version always applies.