Framework Terms of Sale
Effective date: 1 January 2023
PLEASE READ THESE TERMS OF SALE (THE “TERMS”) CAREFULLY BEFORE ORDERING ANY PRODUCT OFFERED BY FRAMEWORK COMPUTER B.V. (“FRAMEWORK”, “WE”, OR “OUR”).
BY CLICKING THE “PLACE ORDER” or “PLACE PRE-ORDER” BUTTON YOU (“CONSUMER”, “CUSTOMER”, “YOU”, “YOUR”) AGREE TO BE BOUND BY AND A PARTY TO THESE TERMS TO THE EXCLUSION OF ALL OTHER TERMS. THESE TERMS GOVERN EACH “ORDER” AND “PRE-ORDER” PLACED BY CONSUMER OR CUSTOMER. IF YOU DO NOT AGREE TO THESE TERMS, NAVIGATE AWAY FROM THIS PAGE AND YOU WILL HAVE NO RIGHT TO PURCHASE ANY PRODUCT.
Who We Are
Framework Computer B.V.
Flight Forum 40 Ground Floor
5657 DB Eindhoven
The Netherlands
You can contact us at:
Email: support@frame.work
VAT number: NL864030204B01
Article 1. Definitions
In our Terms of Sale, we use the following definitions:
- Marketplace: the marketplace as available on the EU version of the website https://frame.work.
- Offer: any offer of a Product displayed as such on the Marketplace.
- Order: any order of a Product made by a consumer or customer on the Marketplace.
- Pre-order: any order of a Product made by a consumer or customer on the Marketplace that has not yet been released or produced.
- Product: any product as displayed for sale on the Marketplace.
Article 2. Scope
These Terms of Sale apply to any Offer, Order or Pre-Order by Framework and to any contract concluded between Framework and the consumer or customer. Before concluding the contract, these Terms of Sale will be made available to the consumer or customer. In case this is not reasonably possible, Framework shall send these Terms of Sale for free of charge to the consumer or customer as soon as possible.
Article 3. Terms
- We are constantly trying to improve our products which means that our Terms of Sale may need to be changed accordingly. Therefore, we reserve the right to change, modify, add or remove clauses in our Terms of Sale at any time, without affecting any Orders or Pre-Orders placed before the changes take effect.
- We will publish the most recent version of our Terms on our Marketplace, and these will be effective as of the date of publishing and will apply to any Order and Pre-Order placed on and after that date. In case of changes in these Terms of Sale, consumers or customers will be informed about these changes.
- We will not store our Terms of Sale after the conclusion of a contract.
Article 4. The Offer; the Agreement and order acceptance
- The prices as shown on our Marketplace can be removed or changed at any moment.
- Orders and Pre-Orders may be subject to order quantity limits, which will be shown during the checkout process.
- An agreement between Framework and the consumer or customer shall only come into effect at the moment that the consumer or customer accepts the Offer, when the specific conditions of the Offer are met and, in the case that Offer is accepted by electronic means, when Framework confirmed the receipt of the acceptance of the Offer by electronic means to the consumer or customer.
- Framework reserves the right to cancel any Order or Pre-Order where any obvious and unmistakable errors in pricing occur.
- Framework reserves the right to decline or reject or limit or adjust your Order or Pre-Order at any time for legitimate reasons (for French consumers, in accordance with article L.121.11 of the French consumer code) which include non availability of a Product, invalid or unsupported shipment addresses or payment processing issues. If you have already paid, we will refund you the full amount of the declined or rejected order or the amount of adjusted order quantity, including applicable taxes and any delivery charges. Framework may however first try to contact you using the contact information we have for your account to adjust your Order, payment method, or shipment information to resolve the issue prior to cancellation.
- When placing an Order or Pre-Order for a Product, you will be required to provide certain information, such as your address and other billing information. It is your responsibility that such information is correct and up to date.
- The Product will be delivered to the delivery address specified in “Shipping Information” in the checkout process, or provided through other payment profiles, such as PayPal. You are responsible for providing the correct address in the ordering process. Framework has no responsibility or liability for inaccurate information or information that later becomes outdated and has no obligation to make efforts to determine the correct contact or shipping information. Framework is not liable for any loss resulting from failure to provide the correct delivery address.
- The Product will be delivered to you in accordance with the delivery option chosen by you in the ordering process. The shipping cost is detailed in the Order process. The dispatch and delivery date will be stated in the order process.
- The delivery date will depend on the selected shipping option and delivery location, as well as the time of payment. Changes and/or delays and/or failures to the estimated dispatch and delivery date may occur by many events such as beyond Framework’s control once it leaves our facilities. Framework is not responsible for such events. Framework will notify you of any changes impacting the delivery of your ordered Product.
- For French consumers, if Framework does not deliver the Products on the indicated date or within the indicated deadline, you are entitled to cancel your Order, by email or in writing sent to the above address if, after having requested Framework in writing to proceed with the delivery within a reasonable deadline, Framework failed to do so. You can also immediately cancel your Order if (i) Framework expressly refuses to deliver the Products, or it is obvious that it will not do so, or (ii) delivery within a specific deadline was essential for you, as you expressly mentioned, and Framework accepted. In cases of cancellation of an Order, Framework will reimburse you the whole price of your purchase and delivery fees, via the payment means used during your purchase, except if you have expressly agreed otherwise. Reimbursement will occur within 14 days from the date of cancellation. This does not affect any similar rights that you have as a UK or EU (but not a French) consumer.
Article 5. Order Cancellation
Prior to Order shipment, you may request cancellation of the Order by contacting Framework Support at support@frame.work. Framework will send a confirmation email to the email you provided and will inform you if the cancellation was successful which is at full discretion of Framework. If the cancellation is confirmed by Framework, you are entitled to a full refund of the purchase price if applicable. Framework strives to process refunds within a reasonable amount of time. If the Order has become subject to shipment, the Order cannot be cancelled, and the regular return procedure is applicable.
Article 6. Pre-Orders
- Each Pre-Order you submit for a Product, acts as a deposit for a future purchase of the Product. You will be charged a Pre-order deposit, plus any applicable taxes, at the time of placing the Pre-order for the Product. The remainder of the specified purchase price, plus any applicable taxes, duties, shipping and other costs, will be charged before the Product is released for shipment.
- We will attempt to charge the remainder of the purchase price and other costs to your payment method on file when your Product is ready to ship/to be delivered. If we are unable to process the payment, we will attempt to contact you via your contact information. If you do not complete your Order by updating your payment method and paying the full remainder due within 30 days, Framework may, at its sole discretion, provide you a full refund of the deposit, or continue to attempt to contact you via your contact information. Framework will try to contact you to provide a refund after that 30-day period, but if Framework does not receive a response from you within 90 days of our initial request to complete your Order, or if Framework is not able to process your refund after that 30-day period (for example, due to a cancelled credit card), then Framework will treat the amount that you paid as unclaimed and you will be responsible for requesting a refund.
- If a delay arises and the delivery date for a Pre-Order is not met, we will provide you with updates via your contact information with respect to the delivery schedule.
- You may cancel your Pre-Order at any time for any or no reason prior to our notice to you that your Product is ready for delivery by contacting support@frame.work. If you do so prior to completing the Product purchase by making the second payment, Framework will refund your Pre-Order deposit without interest rate. Once you complete the Product purchase by making the second payment, Framework’s standard Order Cancellation, Return, and Limited Warranty Policies will apply.
Article 7. Geographic Availability
- Products will only be shipped to supported shipping regions. Available Products may vary depending on your region. During checkout, your shipping address will be validated to determine if it is in a supported shipping region for the Product. If the final shipping address is outside of these regions, Framework reserves the right to reject the Order.
- Please note that not all subregions of a country or region are supported. In France, Framework ships Products in mainland France only (including Corsica), but not in overseas territories.
Article 8. WEEE (Waste Electrical and Electronic Equipment)
- The "crossed out wheelie bin" symbol on electrical and electronic equipment indicates that it is classified as WEEE, meaning that when it is no longer usable it should not be treated and thrown away as normal household waste.
- The WEEE Regulations aim to minimize the amount of WEEE householders throw out with their general rubbish. By keeping WEEE separate from other waste it can be treated, the hazardous substances can be removed, and a large amount of waste can be recycled rather than sent to landfill.
- In any case, re-using or repairing your Product should always be preferred over throwing it out.
- We offer to take back any waste WEEE product when you are purchasing an equivalent item from us. You can return such equivalent items to us for no charge by contacting us prior to the delivery date, using the contact information above, and requesting a return of the equivalent item.
Article 9. Conformity guarantee
- Framework is responsible for delivering a Product that complies with the contract and with the following objective and is subjective to market standards.
- Framework is liable for any non-conformity that appears within a 2-year period after delivery.
- In the case of a defect within the 2-year guarantee period, you are entitled to request that Framework repairs or replaces the Product to bring the Product into conformity as described in paragraph 1. You must then make the Product available to Framework and Framework will take the Product back at its expense and will assess if the defect is covered by paragraph 1. Repair or replacement is carried out free of charge and within a reasonable period from the moment Framework has been informed about the lack of conformity.
- When repair or replacement of the defect product is not possible, and you have informed Framework about the defect within two years after purchase, and the defect is not caused by you, you may choose to receive a refund.
- If you choose the repair as a remedy (over replacement of the Product), you will benefit from a guarantee extension of 6 months.
- Framework may elect not to proceed in accordance with your choice if that choice is impossible or, compared to the other remedy, would impose costs that would be disproportionate, taking into account all circumstances, including the value the Product would have if there were no lack of conformity, the significance of the lack of conformity, and whether the alternative remedy can be provided without significant inconvenience to you.
- If Framework is not able to repair your Product and decides to replace it, you benefit from a new 2-year conformity guarantee period, as from the date a replacement Product is delivered to you.
- When you request to have a Product to be made to comply with the conformity guarantee, then the conformity guarantee period is suspended for the time between the earlier of (i) the day you file a request to Framework or provide Framework with the Products, and (ii) the day Framework delivers the repaired/replaced Product to you.
- The conformity guarantee period is also suspended if you and Framework explicitly agree to settle an issue on a defect.
- For the 2-year period following the delivery of Products, you will not be required to prove the existence of the default.
Article 10. Guarantee for latent defects
You may also exercise the latent defect guarantee. Framework is liable for the guarantee for latent defects of the item sold that render the use for which it is intended improper, or which reduce the usage so that you would not have bought it or would only have given a lower price if you had been aware of the defect.
In such a case, you can choose between the termination of the sale or claiming a reduction of the price.
The action resulting from latent defects must be filed within two years of the discovery of the defect.
If you are a UK or EU consumer (but not a French consumer), nothing in these Terms will limit or exclude your legal rights in respect of, or statutory warranty rights for the conformity of, the Products.
Article 11. Right to return
- You have the right to return a Product that is purchased on the Marketplace within 30 days from the date of receipt of the Product without giving any reason or justification. Framework may ask the consumer about the reason for return, but you are not required to provide the reason(s). You are responsible for the return delivery.
- If the Product has been used or damaged by you or during the return delivery, we have the right to not accept the return delivery and not to refund you or only partially.
- If the Product has been returned successfully in accordance with paragraphs 1 and 2, Framework shall refund the purchase price to you plus the costs paid for initial delivery of the product. You are responsible for the return costs.
- To exercise your right to return, you must notify us by filling out a return form which can be found attached to these Terms of Sale or by contacting support@frame.work expressing your wish to exercise your right to return. You will need to fill out the return form and send it along with the original order before returning a Product.
- For this refund, we will use the same means of payment that you used for the original transaction unless explicitly agreed otherwise with you; in no case will you be charged for this refund.
- We will process the refund within a reasonable period after receipt of the returned Product.
- You must return or hand over the Products to us without undue delay and in any case no later than within 30 days from the day on which you informed us of the withdrawal from a contract. The deadline is met if you send the Product(s) before the expiry of the period of 30 days.
- You are responsible for any damage to the Product, including loss in value, as a result of handling of the Products by you that is not strictly necessary for checking the condition, characteristics, properties and functioning of the Product(s).
- These Terms still apply after you return the Product.
- Some items are not eligible for return or refund and will be noted as such at the time of Order or Pre-Order; unless otherwise provided by a particular product offer, all purchases of these ineligible products are final and non-refundable, and you will not have a right to return these purchases.
- For complete details on how to return eligible products, consult our Framework knowledgebase.
Article 12. Use of the Product and Restrictions
- Framework sells and delivers Product(s) to non-professionals and consumers for personal use and to customers for business use. Framework is not responsible for any usage of the Product by you in a way that violates the law.
- Any software incorporated into or provided for use in a Product is licensed solely for use in that Product. For any such software licensed to you under these Terms, such license is non-exclusive, non-sublicensable and does not include the right to (and the consumer or customer will not) incorporate or use in any other works, or copy any portion of such software, or to use the software or product for the benefit of any third party. For any other such software licensed to you (including without limitation third-party components (as defined below)), please check the license associated with each such software item for the applicable specific terms and conditions.
Article 13. Third-Party Software and Other Components
- The consumer or customer acknowledges and agrees that the Product contains software owned or supplied by third parties (“third-party components”). When the third-party component is not necessary for the Product to work and perform its functions, Framework is not responsible for the operation of any third-party components nor the operation of the Product to the extent such operation is dependent upon third-party components. The third-party components may be subject to other terms and conditions imposed by the applicable third parties; consumer or customer will comply with and is solely responsible for complying with any applicable terms or conditions. Framework does not make any statements with respect to third-party components or any third-party providers when the third-party component is not necessary for the Product to work and perform its functions. Any exchange of data or other interaction between consumer or customer and a third-party provider is solely between the consumer or customer and such third-party provider and is governed by such third party’s terms and conditions.
- When the third-party component is necessary for the Product to work and perform its functions, Framework is liable for its proper running under (for French consumers or customers) the terms of the “Guarantee” section, and (for other EU consumers or customers) the statutory warranty obligations.
Article 14. Digital elements of the Products for French consumers or customers
- Framework commits to supply updates to maintain the Product into conformity in accordance with articles L.219-19 of the French Consumer code
- Framework may also modify the digital elements of the Product in order to improve the Product or if it has any other valid reason. A valid reason includes if the changes are necessary due to a new technical environment, an increased or decreased number of users, or other operational reasons, intellectual property infringements, changes in licenses Framework holds from third parties or other third party compliance requirements, significant changes of specific and verifiable open market costs, necessary enhancements of the safety of users or third parties or other material legal, regulatory or security reasons.
Article 15. Limited Warranty and Warranty Disclaimer
Framework branded Products are covered by the Framework Limited Warranty (“Warranty”): https://frame.work/warranty.
Article 16. Data protection
Consumer or customer acknowledges that he read and understands Framework’s privacy policy which can be found at https://frame.work.
Article 17. Proprietary rights
Consumer or customer shall not use Framework’s name, logo, trade marks, trade names, design, look and feel or other proprietary rights in any of his professional communications without the prior written permission of Framework.
Article 18. Limitation of Liability
- These terms set out the full extent of Framework’s obligations and liabilities in respect of the supply of the Products and the performance of any Services.
- The applicable warranties and conditions and terms are expressly stated in these Terms of Sale.
- The maximum possible liability is limited to the amount of the sum paid for the Product or Service. In no event, Framework is liable for consequential, incidental or indirect damages (including lost profits or revenue, loss of data, interruption in use, unavailability of data or cost of the procurement of substitute goods) or for punitive or exemplary damages.
- We are not liable for business losses. If you use the Products for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Article 19. Miscellaneous
- A contract is between you and Framework. No other person shall have any rights to enforce any of these Terms of Sale except, for French consumers or customers, another consumer or customer to whom you have sold the Product in relation to the Conformity guarantee and the Warranty. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms of Sale.
- If any court or relevant authority of competent jurisdictions decides that any of the terms or paragraphs in these Terms are unlawful or void, the remaining terms and paragraphs will remain in full force and effect and if necessary, replaced by a term or paragraph that is as similar as possible.
- If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, this shall not mean that you do not have to do those things, this shall not to be considered as a waiver by Framework with regard to any provision or right it has to enforce these Terms and this shall not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
- If you are a French consumer, these terms are governed by French law and you can bring legal proceedings in respect of the products in the French courts.
- (other than a French consumer or customer), These terms are governed by Dutch law.
Alternative Dispute Resolution for EU consumers or customers
You may access the EU Online Dispute Resolution platform via the following link: https://ec.europa.eu/odr. However, we are not obliged or willing to participate in dispute settlement procedures via this method.
Who We Are
We are Framework Computer B.V., a subsidiary of Framework Computer Inc, incorporated under Dutch law.
You can contact us at:
Email: support@frame.work
Model Return Form
(Complete this form only if you wish to withdraw from the contract and send it along with the original order before returning a Product.)
Addressed to:
Framework Computer B.V.
Flight Forum 40 Ground Floor
5657 DB Eindhoven
The Netherlands
Email Address: support@frame.work
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:
_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)
• Ordered on: ____________________________________________ (insert the date)
• Received on: ___________________________________________ (insert the date)
• Name of consumer/customer(s): _________________________________________
• Address of consumer/customer(s): _______________________________________
• Date: ______________________________________________________________
(sign if this form is notified on paper)