Frame The Game
General Terms and Conditions
Last updated: 07-11-2023
Applicability of these Terms
These general terms and conditions (hereinafter: “Terms”) apply to all requested Services as provided to you by us, such as the service to keep you updated on the ‘Frame The Game’ Products and registering an account on our Website, and to the purchase of ‘Frame The Game’ Products via the Website located at https://framethegame.com/.
By using our Services or purchasing our Products, you explicitly agree to be bound by the Terms and to comply with all applicable laws and regulations.
We expect you to store a copy of all relevant agreements and documents, such as these Terms and the Privacy Policy. You can find the Terms and our Privacy Policy at any time on the Website. We reserve the right to make changes to the Website, Services, Products, as well as to applicable policies such as our Privacy Policy and the Terms at any time. You will be subject to the Terms in force at the time that you make use of the Services and the purchase of Products.
Who are we?
This Website and the Services are offered to you by Frame The Game B.V., registered with the trade registry in the Netherlands (Kamer van Koophandel) as 83347089 (“Frame The Game”). Our registered (and visiting) address is H.J.E. Wenckebachweg 210 (1096 AS) Amsterdam, the Netherlands.
You can contact us via e-mail at [email protected].
Our VAT identification number is NL862838551B01.
Definitions
For the purpose of these Terms, the following terms shall have the following meaning:
Account: a user account created on the Website.
Confirmation: an e-mail sent by Frame The Game confirming receipt of your purchase of a Product.
Parties: Frame The Game and the User, together.
Party: either Frame The Game or the User.
Product(s): all products available for purchase via the Website.
Services: offering the ability to create an account, provide access to (content on) the Website and sending newsletters to you.
User: a natural person or legal entity making use of the Services or purchasing Products; also referred to in these Terms as “you” or “your”.
Website: the website and content offered by Frame The Game via the following URL: https://framethegame.com/.
Account and registration
We offer you the Service to create an Account on the Website in order to simplify the use of our Services and the purchase of Products and to store the details regarding the Products you may purchase from us. This Service is free of charge. When you choose to create an Account, you agree to provide true, accurate, current and complete information about yourself. You are not permitted to register for an Account on the name of any other person or party.
When you are a User who is acting in the course of their trade, business, craft or profession (i.e. not for personal use), you are obliged to identify yourself as such when creating an Account. Frame The Game has the right to change the status of an Account if it reasonably sees reason to do so.
Frame The Game has the right, at its sole discretion, to remove an Account if necessary, for example in case of possible abuse or fraud.
You agree to inform us of any unauthorized use of your Account information or any possible security breach, including but not limited to incidents involving your password. We explicitly reserve the right to hold you liable for any damage whatsoever resulting from any unauthorized use of your account by a third party. The credentials you choose for your Account are confidential. We expect you to keep these details to yourself and not share them with anyone else to log into your Account.
Account information and all (other) personal data is subject to our Privacy Policy.
Use of Services
In order to access and use our Services, you yourself must also ensure that you have an internet connection and a network-enabled device (e.g. tablet, smartphone or laptop) with up-to-date software, including a modern browser (e.g. Chrome, Chromium, Firefox, Edge or Safari). Any fees related to the provision of such network-enabled devices and internet connectivity must be paid by you.
When using our Website or Services, you must:
be at least 18 years old;
use best efforts to protect the confidentiality and security of your Account and login details for the Website or Services;
not use our Website or Services for the processing of infringing or otherwise unlawful content;
not infringe upon Frame The Game’s or a third parties’ intellectual property rights, and not commit any other wrongful acts towards Frame The Game or a third party;
not provide incorrect data, such as fake or alternative e-mail addresses and names;
not impersonate official Frame The Game personnel;
not use automated means to access or otherwise engage with our Services or Website, beyond using interfaces explicitly provided by us for use by our Users (e.g. our API);
not interfere with, limit or impede access to or use of the Website or Services for other Users;
not acquire access to Accounts not belonging to you or otherwise acquire access to any parts of our Website or Services which should reasonably not be accessible to you;
not adapt, modify or reverse engineer the Website or Services, except insofar as such actions cannot be excluded under applicable law, without our explicit prior written consent;
not intentionally test the security of our Website or Services, without our explicit prior written consent;
not resell or otherwise re-provide our Services, without our explicit prior written consent;
not intentionally obscure, spoof or hide relevant HTTP-information (e.g. IP-address, referrer-headers) to access or use the Website and Services;
not remove any attributions crediting Frame The Game and/or its content-licensors;
comply with all our reasonable instructions regarding the use of the Services and the Website, including these Terms; and
comply with all applicable laws and regulations regarding online conduct, non-discrimination, intellectual property rights and data protection.
Purchase of Products
To be eligible for purchasing our Products, you must be at least 18 years old.
For ordering any Products, you need an Account and a shipping and billing address. Furthermore, you may have to adjust the cookie-settings of your browser to make sure the Product does not disappear from your shopping chart.
You will find an adequate description of the Products and its essential characteristics on the Website on the respective Product pages, together with the applicable prices, possible delivery methods, estimated and maximum delivery dates. Should any delivery restrictions apply, you will be informed of those restrictions before placing your order.
To enter into an agreement to purchase a Product from Frame The Game, you must undertake the following steps:
Find the Product you wish to purchase;
For tailor-made Products only:
Customize the Product to your personal taste and liking in our configurator, the Product is tailor-made for you;
Make sure to carefully check whether all your chosen options and configurations are correct;
For all Products:
Proceed to the checkout;
Make sure to check the summary of your order carefully;
Create an Account by providing your e-mail address, choose a password and complete your delivery address, or login to your Account;
Make sure you check your personal details and delivery address and select a payment method;
Place your order by clicking ‘Order and pay’ and perform the payment, the purchase agreement is concluded;
You will receive a confirmation of your order.
During the process of the configuration of your Product, you may click the arrow pointing to the left in your screen to edit or correct the information you provided in an earlier stage of the process. Before placing your order, we will summarize your order for you. You may correct your order until you have clicked ‘Order and pay’. This way you are able to correct any errors prior to the placement of the order.
After clicking ‘Order and pay’ and performing the payment, the purchase agreement is concluded. When we receive your order, you will see a confirmation of your order in your screen. The agreement between you and Frame The Game regarding the purchase of Products is then concluded. We will file this agreement for your convenience. You may view the filed agreement by logging into your account and clicking ‘Orders’. We will follow up the website confirmation by e-mailing you a confirmation of the agreement including the details of your order and delivery as well as the Terms.
We expressly reserve the right to involve third parties to perform (parts of) any agreement that you enter into with Frame The Game, such as but not limited to the delivery of your Products. We will inform you of the involvement of such third party, in which event the terms and conditions of such third party also apply.
Delivery of Products will take place from Monday to Saturday. We do not deliver Products on national holidays. Please check the current delivery possibilities and terms on the Website. We strive to deliver the Products you purchased in one delivery, but this might not always be possible. We will provide you with an update via e-mail once we ship your Product. Should we expect any delay in the shipping of your Product, we will inform you by e-mail.
We do not deliver Products in Iran, Syria, Libya, Crimea or Sevastopol territories of Ukraine, Haiti, North Korea, Belarus, Russia, Afghanistan and Yemen. These delivery restrictions may be subject to change.
Despite our best efforts, we may not be able to provide you with our Products. As such – and in addition to any other rights available to you under statutory law – we reserve the right to refuse or cancel your purchase for each of the following reasons:
the Product you purchased is no longer available;
the pricing was an obvious mistake and we cannot reasonably be asked to accept such a pricing error;
your payment was not received or could otherwise not be properly processed;
we suspect your purchase to not be in compliance with these Terms;
we cannot make the Services available to you due to a situation that constitutes force majeure (overmacht) on our part or the part of our suppliers (e.g. our hosting company).
Pricing and payment
Except for the Products, the Services are free of charge. Prices for the Products are stated clearly and unambiguously on the Website. When tax or (additional) delivery costs are applicable, such is indicated and included in the total price for delivery of Products within the European Union. Products delivered outside the EU may be subject to additional freight, delivery or postage charges. The applicable currency is shown on the Product pages. The applicable pricing for our Products will also be stated in the Confirmation that we will send to you.
Frame The Game may, from time to time, adjust the prices for the Products. The adjusted prices will be applicable from the moment of publication of such prices on the Website. We are not liable to you or any third party for any modification, price change, suspension or discontinuance of the Website, Services and/or Products.
Please check the Website for the payment methods available for your country. Depending on your location, you can purchase our Products via our Website using only the following payment methods, subject to reasonable availability:
Alipay
Mastercard
American Express
Mastercard Debit Card
Bancontact
PayPal
Carte Bancaire
Sofort (by Klarna)
iDeal
UnionPay
JCB
Visa
Klarna Pay Later
Visa Debit Card
Maestro
WeChat Pay
Please note that payment methods offered via our Website may require further authorization by the third party issuers and scheme owners and this may delay the processing of your purchase. We reserve the right to ask for reasonable proof of identity should you opt for credit card payment or if we otherwise suspect a fraudulent or illegitimate transaction.
No right of return for tailor-made Products
You acknowledge that the Products purchased via the Website using our configurator or Products which are not pre-fabricated qualify as tailor-made work specifically for you, as the Product you purchased is manufactured according to your specific requirements and preferences. As such, under statutory law the right of cancellation does not apply to your purchase of such Products, and therefore we cannot refund you.
Returning your Product
Other Products which cannot be modified or personalized in our configurator or which have already been fabricated and therefore do not qualify as tailor-made work, may be returned for a refund within 14 days after delivery of the last Product in your order. Should you wish to return a Product please send an e-mail to [email protected], explicitly stating that you want to return your Product, your name, your address and the order number. Alternatively, you can use the model cancellation form available on this page and e-mail it to us. We will send you a confirmation of your return request via e-mail.
You must return the Product to us without delay, but in any event no later than 14 days from the day of your return notification. You are considered in time if you return the Product before the 14-day period has expired. We can only process your return if you return the Product to us in its original packaging. If you do not use the original packaging, we cannot provide you with a refund. You can return your Product to:
Frame The Game B.V.
H.J.E. Wenckebachweg 210
1096 AS Amsterdam
We will refund your Product(s) and the initial delivery costs by means of the same payment method that you have used to pay us within 14 days after receiving your return notification. We reserve the right to withhold the refund of the delivery costs when you have explicitly requested us to use a different delivery method than the method(s) as we offered to you.
When returning your Product(s), you shall bear the costs of the return-delivery. You are liable for any depreciation of the Product resulting of the use of the Product beyond what is necessary to establish the nature, characteristics and operation of the Product.
Third party services and content
In order to provide you with a better user experience of the Website, we may require the use of third party technology components which may be subject to your agreement to terms and conditions supplied by these third parties. We strive to indicate the applicability of such additional terms and conditions where possible in a clear manner.
We may also display third party content via our Website (e.g. via frames or similar technologies). That content is the sole responsibility and liability of the third party making it available to you. We do not make any warranties or representations with respect to the accuracy, veracity or legal status of such third party content and disclaim any liability in this regard to the maximum extent possible under applicable law.
You warrant that you will enable us to comply with our obligations under any applicable third party terms and conditions as referenced in Clause 9.1 and comply with any third party terms and conditions applicable to you directly.
Suspension or termination
We are entitled to suspend or terminate, with immediate and indefinite effect, and without prior notice, your access to or use of our Website and Services if you, to be determined at our sole reasonable discretion, fail to comply with any of the instructions mentioned in Clause 5.1. You will not be entitled to any compensation for this. If we do not receive authorization for payment, or your authorization is subsequently cancelled, we reserve the right to immediately terminate or suspend your access to and usage of the Services and Website.
Notwithstanding Clause 10.1, we will notify you of any decision to suspend or terminate your access to or use of the Website or Services.
If you fail to comply with Clause 5.1 and cause damages, our decision to suspend or terminate your access to or use of the Website or Services will not affect our entitlement to also seek compensation for damages, and we expressly reserve the right to seek compensation of damages and costs.
Data protection and Privacy
In order to provide our Products, Website or Services to you, we need to process your personal data. Our Privacy Policy (available at https://framethegame.com/nl/privacy-policy) explains how we process and protect your personal data when you use our Services or Website. Be sure to read it before you start using our Services.
Security & responsible disclosure
We recognize the importance of keeping our systems and data safe, so security is a top priority to us. However, we do realize that, despite our efforts, vulnerabilities may still exist. If you accidentally stumble upon a vulnerability in our Services or Website, we ask that you:
report this to us without undue delay, so we can take mitigating measures as soon as possible;
not exploit or otherwise use the vulnerability more than strictly necessary for the purpose of assessing its extent and reporting it to us (e.g. do not disrupt the Services or Website for other Users, do not copy data from our systems and do not use the vulnerability to launch attacks or mass-communications against third party websites or services);
not share the vulnerability with any third party without our prior written consent; and
submit any vulnerability report to us via e-mail at [email protected]. We strive to respond to your report within ten business days and to treat your report and identity as confidential information.
We agree not to bring a claim for damages or file a criminal report against you for discovering a security vulnerability in our Services or Website provided that you adhered to all the steps described under Clause 12.a.
Intellectual property rights
All our intellectual property rights, including but not limited to any copyrights, trademarks, design rights, database rights and know-how, in connection with the Products, Services or the Website, including content not submitted by Users therein and the selection and arrangement thereof, are and shall remain the sole property of Frame The Game and, if applicable, its licensors.
You are not permitted to remove any mark or sign of intellectual property rights from the Website or Services or to reproduce, duplicate or copy any (part of) our Website and/or Services.
Liability and indemnities
The Website is provided "as is". We do not guarantee the accuracy or completeness of the Website or any information on it or that it is free of defects or viruses.
Any liability of Frame The Game, whether direct, indirect, immaterial or consequential, resulting from the use of the Website, Products or Services regardless of the nature of the claim (i.e. tort, agreement or otherwise) is excluded to the fullest extent permitted by law, unless damage is the result of intent or gross negligence on our side. In any event, Frame The Game’s total liability for damages shall be limited to compensation of direct damages, up to the invoice value of the respective Products and we are never liable for: indirect damages, punitive damages, consequential damages, loss of profits, loss of data, costs of data repair, loss of savings, and damage due to business interruption or delays.
None of the exclusions or limitations stated in these Terms shall apply to damages consisting of personal injury or death, or damages caused by wilful misconduct or gross negligence on our part.
You agree to indemnify and hold us, our suppliers and our affiliates, harmless from and against all third party liabilities, claims, damages and expenses (including reasonable attorney fees) arising from your access to or use of the Services or Website.
Feedback
You hereby grant Frame The Game a worldwide, perpetual, royalty-free, fully paid, non-exclusive license to use any suggestions you may have about our Website or Services, complaints or other feedback for the purpose of correcting, improving or further commercializing Frame The Game’s Services. The license contained in this Clause shall survive termination of any agreement between you and Frame The Game.
Applicable law and dispute resolution
These Terms are governed by the laws of the Netherlands such with the exclusion of the CISG (United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980), without application of its conflict of laws-rules.
We will first attempt to settle any dispute that arises amicably. Should we not be able to reach an amicable solution, any disputes arising between Frame The Game and the User in connection to the Website, the Services or the Terms will exclusively be resolved by the competent court in Amsterdam, the Netherlands.
Miscellaneous
These Terms are available in English and all agreements governed by them shall be considered concluded in English. Translations to other languages may be provided for the sake of convenience, but the English version shall always be leading with respect to the interpretation of these Terms and all agreements governed by them.
We are entitled to subcontract and assign our rights and obligations related to our performance of the Services to any third party without your consent. In doing so, we will always take into account and comply with applicable data protection legislation.
Should any provision of the Terms be or become invalid or unenforceable in whole or in part, the remaining provisions shall continue to apply in full, and Frame The Game and User agree to negotiate in good faith with respect to a valid and enforceable provision approaching as closely as possible the intent of the invalid or unenforceable provision, in order to replace it.
Should you want to make use of any means of alternative dispute resolution, you may contact Frame The Game to this end via [email protected]. For more information on online dispute resolution, please be referred to the ODR-platform of the European Commission.
Any failure by Frame The Game to enforce any provision of the Agreement at any time shall not be deemed to be a waiver of its right under these Terms, nor shall it prejudice any of its right to take subsequent action.
These Terms set forth the entire agreement between the User and Frame The Game and supersede any and all prior proposals, agreements, understandings, and contemporaneous discussions, whether oral or written, between the User and Frame The Game with respect to the Services or Website.