Article 1 — Purpose
These General Terms and Conditions of Sale (GTCS) define the rights and obligations of the parties in relation to the sale of products and services between Framify SRL (the "Vendor"), whose workshops are located at Rue Heyvaert 140, 1080 Molenbeek-Saint-Jean and whose website is accessible at the following address https://frank-bike.be (the "Vendor's Site"), registered with the Banque Carrefour des Entreprises under number 0798.582.786 and the purchaser of these products and services (the "Customer").
Article 2 — Scope
These General Terms and Conditions of Sale apply, without restriction or reservation, to all products and services offered for sale by the Vendor, both to consumers and to businesses. They can be found on the Vendor's Site, the link to which appears on the company’s documents (quotations, order forms, invoices, etc.). Consequently, any order automatically implies that the Customer is aware of these General Terms and Conditions of Sale and accepts them unreservedly. In the event of modification, the General Terms and Conditions of Sale in force on the day of the order will apply to each order. The Vendor also reserves the right to adapt or modify these General Terms and Conditions of Sale at any time.
Article 3 — Intellectual property
The Vendor's Site, its content and all of its constituent elements, as well as all the Vendor's communications, are creations in respect of which the Vendor holds all the intellectual property and/or exploitation rights, in particular copyright, database rights, trademark rights and design and model rights.
The Vendor's Site, as well as the software, databases, texts, information, analyses, images, photographs, graphics, logos, sounds, or any other data present on the Vendor's Site, remain the exclusive property of the Vendor or, where applicable, of their respective owners with whom the Vendor has entered into agreements for use.
The Customer has the right to consult online the data and information present on the Vendor's Site, and may, for strictly private use, print them out or save them for a purchase or a planned purchase.
Any other use of the Vendor's Site, in particular commercial use, by the Customer is prohibited. The Customer is prohibited from reproducing and/or representing except for private use, selling, distributing, broadcasting, translating, adapting, disseminating and communicating in any form whatsoever any element, information or data from the Vendor's Site.
Article 4 — Products and services
The products and services offered are those presented on the Vendor's Site and in the documents exchanged with the Customer. The Vendor makes every effort to ensure the accuracy of the information provided to the Customer, whether on the Vendor's Site or on any other document. However, it is possible that inaccuracies, omissions and other types of error may occur. The product images and descriptions presented may differ from the reality, in particular due to their specific manufacture and individual customisation. Product photos are for illustrative purposes only.
Article 5 — Price
The prices of products and services are given in euro, inclusive of all taxes. The price invoiced to the Customer is the price indicated on the quotation sent by the Vendor. The Vendor reserves the right to modify its prices at any time, while guaranteeing that the price displayed at the time of the order will be applied.
In the event of shipment, customs duties or other local taxes, import duties or state taxes may be due. Where applicable, these duties and sums shall be borne by the Customer, who shall also be responsible for the administrative burden of these duties and sums (declarations, payment to the competent authorities, etc.). The Vendor invites the Customer to obtain information on these aspects from the relevant local authorities.
Article 6 — Orders
All quotations are validated by the Customer by means of a 20% deposit, which represents “signature” of the order form. This deposit constitutes irrevocable acceptance of the sales contract, which may only be challenged within the limits set out in these General Terms and Conditions of Sale under "right of withdrawal". This right of withdrawal does not apply to bicycles built by the Vendor due to their unique and personalised nature, see Article 10.
The information given by the Customer in the quotation is binding on the Customer: in the event of an error in the recipient's details, the Vendor may not be held responsible for being unable to deliver the product. In the event of a re-shipment due to a lack of information from the Customer, the Customer will be invoiced for the new delivery. In the event of an error on the part of the Vendor regarding the content of the Customer's order, the Customer must contact customer service (see Article 11) before any return. If necessary, the return will be paid for by the Vendor. In the event that an item required to complete the order is unavailable, the Vendor reserves the right to offer the Customer an equivalent or superior item. If, despite our efforts, no replacement solution proposed satisfies the Customer, the order for the item concerned may be cancelled in whole or in part, at the Vendor's initiative, and the sum paid for this item shall be refunded to the Customer without any claim for damages.
Given the principle of the final validation of the order set up by the Vendor, no modification of a definitively validated order shall be accepted by the Vendor. A deposit is required for all orders for frames or complete bikes. The amount paid will not be refunded in the event of cancellation by the Customer.
Article 7 — Terms of payment
Payments are made by bank transfer, details of which are given on the quotation and final invoice.
Article 8 — Delivery and acceptance
Products and services are to be collected by the Customer from the Vendor's workshop located in the Brussels Region. An approximate delivery time is provided by the Vendor in the quotation. However, this delivery time is for information only and may vary according to the order book and the availability of raw materials and human resources, without recourse. The Vendor undertakes to deliver any frame or bicycle order within a maximum period of 12 months from the date of payment of the deposit. It also undertakes to inform the Customer in writing of any possible delay to the delivery time notified when the order was placed.
Exceptionally, the Vendor may arrange for the goods to be sent by post, the details and cost of which are agreed when the quotation is drawn up. In this case, the Vendor cannot be held responsible for delays attributable to the carrier or to force majeure.
Any bicycle collected by the Customer is deemed to have been received. In the event of delivery by a carrier, the carrier's proof of delivery shall be deemed valid. In the event of damage occurring during transport, when the goods are not collected by the Customer, it is the Customer's responsibility to exercise any recourse against the carriers.
Article 9 — Retention of title
The Vendor retains full ownership of the items purchased by the Customer until the Customer has fulfilled all his obligations and in particular until full payment of the price, plus interest where applicable.
Article 10 — Right of withdrawal
None of the products leaving the Vendor's workshop such as frames, forks and complete bicycles made to measure and produced specifically for the Customer according to his requirements, shall be subject to the right of withdrawal, due to the unique nature of such products, in accordance with the provisions of Article VI.53 paragraph 3 of the Code of Economic Law 1.
Article 11 — Guarantee and after-sales service
Steel frames and forks manufactured by the Vendor in its workshop are guaranteed for life against any manufacturing defects, under conditions of normal use of the bicycles and for the first owner. The following damage is excluded from this guarantee: damage caused by an impact or a fall; damage caused by incorrect handling or overloading; damage caused by a manifest lack of maintenance or by the use of unsuitable maintenance or cleaning products; damage caused by improper use or use on unsuitable ground; rusting, particularly under varnished paintwork, caused by repairs that have not been carried out in our workshops; thread damage caused by failure to observe tightening torques or by unsuitable screws and bolts.
Any modification to the frame, such as painting, stripping, drilling or any other alteration, i.e. anything that affects the integrity of the frame, will invalidate all current warranties.
The warranty can be transferred to a third party provided that the new owner identifies himself to the Vendor within one month of acquiring the frame from the previous owner. Any breach will result in the irrevocable termination of the frame guarantee.
The paint and varnish on the frame are guaranteed for one (1) year.
The components and accessories installed on the bicycles are covered by the manufacturer's warranty and the Vendor may under no circumstances be held liable for any damage to them or be required to replace these parts at its own expense.
For all complaints, the Customer must contact customer services at the following address [email protected].
Article 12 — Liability
The Vendor shall not be held liable for any indirect or consequential damage arising from the use of the products sold.
Article 13 — Personal information
The information collected is necessary to process orders and shall remain confidential. In accordance with the General Data Protection Regulation (GDPR), Customers have the right to access, rectify and delete their data.
Article 14 — Dispute resolution
These General Terms and Conditions of Sale are governed by Belgian law. In the event of a dispute, an amicable solution will be first sought. Failing this, the competent courts will be those of the location of the Vendor's registered office.
Article 15 — Validity
These General Terms and Conditions of Sale (version 1.0) apply from 1st January 2025 and for an indefinite period. In case of doubt, only the original French version shall be authentic.