Right of withdrawal

As a consumer, you buy made-to-measure products of a personal nature from us. The right of withdrawal therefore does not apply to agreements concluded with Rodegros – The Frame Company BVBA, in accordance with Article 8, paragraphs 2a and 2b, as described in the general terms and conditions of Rodegros – The Frame Company BVBA.

This does not apply to products that were not made correctly.

Article 1 – Definitions

In these terms and conditions:

Cooling-off period: the period within which the consumer can exercise the right of withdrawal;
Consumer: a natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Continuing transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract whereby, within the framework of a system organised by the trader for the distance sale of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: a means that can be used to conclude a contract without the consumer and trader being in the same place at the same time.

Article 2 – Identity of the trader

Company name Trading name	Rodegros – The Frame Company BVBA Justframeit.be
Address	Industrieweg 114F, 9032 WONDELGEM
Telephone	+32 9 253 43 18
E-mail	info@justframeit.be
VAT number	BE 0640.711.526

Article 3 – Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, that the general terms and conditions can be consulted at the trader's premises and that they will be sent free of charge to the consumer as soon as possible on request.

If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise on request.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms the consumer may always invoke the applicable provision that is most favourable to them.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be stated explicitly in the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This relates in particular to:

the price including taxes;
any delivery costs;
the way in which the contract will be concluded and the actions required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer, or the period during which the trader guarantees the price;
the rate for distance communication if the cost of using the means of distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract will be archived after conclusion and, if so, how the consumer can consult it;
the way in which the consumer can check and, if desired, correct the information provided by them in connection with the contract before concluding it;
any other languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuing transaction.

Article 5 – The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions attached to it.

If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may terminate the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures for this.

The trader may, within the legal framework, inform itself as to whether the consumer can meet their payment obligations, as well as of all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good reason not to enter into the contract, it is entitled to refuse an order or request with reasons, or to attach special conditions to its performance.

The trader will send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

1. the visiting address of the trader's establishment where the consumer can go with complaints;
2. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
3. information about guarantees and existing after-sales service;
4. the information included in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before performing the contract;
5. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to cancel the contract without giving reasons for 14 days. This cooling-off period starts on the day after the product is received by the consumer or by a representative designated in advance by the consumer and made known to the trader.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise the right of withdrawal, they will return the product with all accessories supplied and, if reasonably possible, in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

Article 7 – Costs in the event of withdrawal

If the consumer exercises the right of withdrawal, at most the cost of return shipping will be borne by the consumer.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 – Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, or at least in good time before the contract is concluded.

Exclusion of the right of withdrawal is only possible for products:

that have been made by the trader in accordance with the consumer's specifications;
that are clearly personal in nature;
that by their nature cannot be returned;
that can spoil or age quickly;
whose price is subject to fluctuations on the financial market over which the trader has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

1. relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
2. the performance of which has begun with the consumer's express consent before the cooling-off period has expired;

relating to bets and lotteries.

Article 9 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations on the financial market over which the trader has no influence at variable prices. This dependence on fluctuations and the fact that any prices stated are indicative are stated in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:

they result from statutory regulations or provisions; or
the consumer is entitled to terminate the contract with effect from the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

Article 10 – Conformity and guarantee

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.

A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the contract.

Article 11 – Delivery and performance

The trader will exercise the greatest possible care when receiving and performing orders for products and when assessing requests for the provision of services.

The place of delivery is the address that the consumer has made known to the company.

Taking into account what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract free of charge and is entitled to any compensation.

In the event of termination in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.

If delivery of an ordered product proves impossible, the trader will make every effort to make a replacement item available. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment is borne by the trader.

The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Continuing transactions: duration, termination and renewal

Termination
The consumer may terminate a contract entered into for an indefinite period for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract entered into for a fixed period for the regular delivery of products (including electricity) or services at any time with effect from the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts referred to in the previous paragraphs:

at any time, without being limited to termination at a specific time or in a specific period;
at least in the same way as they were entered into;
always with the same notice period as the trader has stipulated for itself.

Renewal
A contract entered into for a fixed period for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

Notwithstanding the previous paragraph, a contract entered into for a fixed period for the regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a fixed period of no more than three months, provided the consumer can terminate this extended contract with effect from the end of the extension with a notice period of no more than one month.

A contract entered into for a fixed period for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months if the contract concerns the regular, but less than monthly, delivery of daily, news and weekly papers and magazines.

A contract of limited duration for the regular introductory delivery of daily, news and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration
If a contract has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.

When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.

The consumer is obliged to report inaccuracies in payment details provided or stated to the trader without delay.

In the event of non-payment by the consumer, the trader has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.

Complaints about the performance of the contract must be submitted to the trader within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the disputes procedure.

Article 15 – Disputes

Contracts between the trader and the consumer to which these general terms and conditions relate fall exclusively under the jurisdiction of the court of Ghent.

Article 16 – Intellectual property rights

When accepting an order, Rodegros – The Frame Company BVBA accepts no liability for infringement of any intellectual property right of third parties relating to it. For the use of third-party photos and media that are not in their own possession, the consumer must always have obtained the owner's permission in advance. If Rodegros – The Frame Company BVBA is held liable by third parties for infringement of any intellectual property right, the customer indemnifies Rodegros – The Frame Company BVBA against all damage that Rodegros – The Frame Company BVBA suffers as a result, including anything Rodegros – The Frame Company BVBA is held liable for by third parties and including the costs incurred by Rodegros – The Frame Company BVBA.

Provisions that supplement or deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.

Article 17 – Additional or deviating provisions

Article 18 – Liability and damage

1. Own insurance for high value: If the value of the work is significant, the customer is obliged to take out additional insurance covering the full value. The Frame Company cannot be held liable for loss of value that has not been additionally insured by the customer.

2. External transport and risk: The customer bears full responsibility and risk for external transport of the works. For important or valuable works, the customer is obliged to organise and insure transport independently.

3. Proof of condition and damage: The customer must inspect the condition of the work upon delivery by The Frame Company and report any damage in writing within 7 days, with supporting evidence. Any damage claims must include proof of the condition of the work when it was delivered to The Frame Company. The burden of proof of damage lies with the customer. Claims must be submitted to info@theframecompany.be.

4. Limitation of liability: The Frame Company's liability towards the customer, on any grounds whatsoever, is limited to a maximum amount of €500 per customer. Any further liability for direct or indirect damage, including loss of profit, is excluded to the extent permitted under applicable law.

5. Professional liability insurance: The Frame Company has general liability insurance covering damage resulting from errors or negligence in the performance of its work, up to the limits of the applicable cover. This insurance does not cover damage that falls outside the terms of the policy.

6. Exclusions of liability and force majeure: The Frame Company is not liable for damage caused by force majeure, including but not limited to natural disasters, fire, government intervention or other unforeseen circumstances beyond the control of The Frame Company.

7. Third-party liability: The Frame Company is not liable for damage caused by third parties, such as external carriers or subcontractors. In such cases, the customer must contact the responsible third party directly.

Disclaimer

Rodegros – The Frame Company BVBA takes the utmost care to ensure the reliability and topicality of the information on this website and states its sources where applicable. Comments can be sent to info@justframeit.be. Inaccuracies may nevertheless occur.

Rodegros – The Frame Company BVBA is not liable for damage resulting from inaccuracies, problems caused by or inherent in the dissemination of information via the Internet, or technical malfunctions. All brands mentioned in our publications are the property or registered trademarks of the companies concerned.

Copyright

Without the written permission of Rodegros – The Frame Company BVBA, it is not permitted to distribute in any way information, news items and/or communications provided through the services of Rodegros – The Frame Company BVBA.