Terms and conditions

These terms and conditions (“Terms”) apply to the use of the website www.frameokitchens.com, the FRAMEO configurator and to all quotes, orders and services of:

• XXX full legal name
• XXX legal form
• XXX address
• XXX country
• Email: XXX
• Phone: XXX
• Company or registration number: XXX
• ABN/ACN/NZBN: XXX

hereinafter “FRAMEO”, “we” or “us”.

Additional terms may apply to individual products or services. In the event of a conflict, individually agreed terms take precedence, followed by the order confirmation and then these Terms.

Mandatory statutory consumer rights remain unaffected.

The content of the website is provided for general information and does not generally constitute a binding offer.

Images, visualisations, colours, materials, dimensions, prices, availability, delivery times and product descriptions may change. Screen displays and digital visualisations may differ from the actual products.

Only the quote confirmed by FRAMEO, the approved design and the order confirmation are decisive for a specific order.

FRAMEO may further develop, change or temporarily interrupt the website, the configurator and individual functions at any time, where reasonable taking users' interests into account.

A FRAMEO account may be required for certain functions. You must provide complete and accurate information when registering and keep your access credentials confidential.

You are responsible for activities carried out through your account to the extent you are accountable for them. If you suspect unauthorised use, you must notify us without delay at XXX.

FRAMEO may suspend or delete accounts where there is reasonable suspicion of misuse, manipulation, unlawful use or a breach of these Terms. Statutory rights and contracts already concluded remain unaffected.

The FRAMEO configurator is a digital planning tool. Representations, automatic suggestions, prices and technical checks do not replace a final professional assessment on site.

You are responsible for ensuring that:

• the dimensions, floor plans, photos and details you submit are complete and correct;
• walls, floors, connections and spatial conditions are stated correctly;
• the required permits and approvals are in place;
• the approved design meets your requirements;
• uploaded content does not infringe third-party rights.

A professional measurement or technical check may be required before production or ordering. FRAMEO is entitled to adjust a design following the measurement or technical check.

FRAMEO is not liable for errors, additional costs or delays based on incorrect or incomplete customer data, subsequent changes or structural conditions that were not identifiable, unless FRAMEO is responsible for those circumstances.

A configuration, appointment request, quote request or order submitted by you is initially non-binding unless expressly stated otherwise.

A binding contract is only concluded once FRAMEO:

• expressly accepts your order;
• sends an order confirmation; or
• begins performing the agreed service.

FRAMEO may reject an order in particular where products are unavailable, technical or pricing errors exist, a design is not feasible, payments are not authorised or the delivery area cannot be served.

The contracting party for products, delivery, installation or other services may be a local FRAMEO company or a designated FRAMEO partner. The relevant contracting party is named before the contract is concluded.

All prices are stated in XXX and are inclusive of/plus XXX statutory taxes.

Additional costs, for example for delivery, measurement, installation, electrical, gas, plumbing, stone, adaptation or disposal work, are shown in the quote or before the contract is concluded.

Unless agreed otherwise, the following payment plan applies:

• Deposit: XXX
• Further instalment: XXX
• Final payment: XXX

Payments are due within the stated period without deduction. FRAMEO may withhold production, delivery or installation until due payments are received.

In the event of late payment, statutory default interest and reasonable recovery costs may be charged where permitted by law.

Before production begins, you may receive a final design, parts list, product selection or order summary for approval.

With your approval you confirm in particular:

• dimensions and design;
• layout and opening directions;
• materials, colours and finishes;
• appliances and accessories;
• delivery address and contact details;
• agreed services and prices.

Changes after approval are only possible if FRAMEO agrees to them. Any resulting costs and delays will be communicated to you before the change is carried out.

Cancellations or changes must be made in text form.

Where products have been custom-made, cut, ordered or reserved for you, there is no entitlement to cancellation, return or refund in the case of a mere change of mind, unless applicable law provides otherwise.

If FRAMEO agrees to a voluntary cancellation, FRAMEO may charge the unavoidable costs incurred up to that point. These may include planning, administration, ordering, production, storage and supplier cancellation costs.

Your mandatory statutory rights in respect of defective, incorrectly described or non-conforming products and services remain unaffected.

Delivery dates and delivery windows are estimates unless they have been expressly confirmed as binding.

FRAMEO will inform you of material foreseeable delays. Delivery times may be extended in particular by subsequent changes, missing approvals, outstanding payments, supply shortages or events outside FRAMEO's reasonable control.

You must ensure that:

• the delivery address can be reached and accessed;
• suitable access, parking, transport and storage areas are available;
• a person authorised to accept delivery is present;
• required permits, reservations or access authorisations are in place.

Additional costs due to failed deliveries, difficult access or undisclosed circumstances may be charged to you to the extent you are responsible for them.

Damage or shortages identifiable on delivery should be documented on the proof of delivery and reported to FRAMEO as soon as possible at XXX. Late notification does not affect mandatory statutory rights but may make it harder to establish the cause of damage.

Installation services are only provided where they have been expressly agreed.

Before work starts, the rooms must be accessible, empty, safe, dry and prepared for the agreed work. Required connections, load-bearing walls and floors as well as power, water and other prerequisites must be available.

Electrical, gas, plumbing, stone or other specialist work may only be carried out by appropriately qualified or licensed persons.

If obstacles that were not identifiable on site, unsuitable connections, uneven surfaces, hazardous substances, moisture, structural defects or other additional work are discovered, FRAMEO may pause the work and prepare a supplementary quote.

FRAMEO is not responsible for work or damage caused by you or by third parties not commissioned by FRAMEO.

Risk of loss or damage passes to you at the point in time provided for under applicable law.

To the extent permitted by law, delivered products remain the property of FRAMEO until payment in full. You may not sell, encumber or remove products subject to retention of title.

For business customers, additional security interests under the Personal Property Securities Act or comparable rules may apply.

Samples, photographs and screen displays are for guidance. Minor deviations in colours, grains, textures, gloss levels and dimensions may be technical or material-related.

Natural materials such as timber or stone may show natural differences within a delivery and compared to a sample. Such industry-standard variations do not constitute a defect provided quality, function and agreed characteristics are not materially impaired.

Technically necessary changes may be made if they do not materially impair the agreed function and quality and are reasonable for you.

Mandatory rights under applicable consumer law are not excluded, restricted or replaced by these Terms.

For consumers in Australia, the non-excludable consumer guarantees of the Australian Consumer Law apply in particular. Depending on the nature and severity of a failure, remedies may include rectification, repair, replacement, refund or compensation for certain foreseeable loss.

For consumers in New Zealand, the rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply in particular.

Any voluntary warranty offered by FRAMEO or a manufacturer applies in addition to statutory rights. Details are set out in the applicable warranty terms at www.frameokitchens.com/XXX.

• Warranty period: XXX
• Warrantor: XXX
• Territorial scope: XXX

Warranty and defect claims may be excluded where damage was caused by improper use, inadequate care, unauthorised modifications, normal wear and tear or work by third parties not commissioned by FRAMEO, and where applicable law permits this.

Complaints can be addressed to:

• XXX full legal name
• Email: XXX
• Phone: XXX
• Address: XXX

Please quote your order number where available and include a description and meaningful photos. FRAMEO may request a reasonable opportunity to inspect and remedy the defect.

You may take necessary immediate measures to prevent further damage. Beyond that, repairs by third parties should only be commissioned after consultation with FRAMEO where reasonable. Mandatory statutory rights remain unaffected.

Nothing in these Terms excludes any liability or right that may not be excluded or limited under applicable law.

To the extent permitted by law, FRAMEO is not liable for:

• damage resulting from incorrect or incomplete customer data;
• changes or work not approved or carried out by FRAMEO;
• existing structural defects or unsuitable connections;
• ordinary and material-typical variations;
• indirect loss, consequential loss or lost profit;
• delays or failures outside FRAMEO's reasonable control.

Towards business customers, FRAMEO's total liability is limited — to the extent permitted by law — to the net amount paid for the affected delivery or service.

These limitations do not apply in cases of intent, gross negligence, personal injury, fraudulent misrepresentation or where mandatory law provides for broader liability.

FRAMEO is not liable for delays or non-performance due to events outside FRAMEO's reasonable control.

These may include natural events, fire, flood, pandemics, war, civil unrest, strikes, official measures, transport disruptions, energy or communication failures as well as significant and unforeseeable supply shortages.

FRAMEO will inform you of material effects and take reasonable steps to limit the consequences. If the impairment lasts longer than XXX days, either party may terminate the unperformed part of the contract. Services already properly rendered and unavoidable costs remain payable to the extent permitted by law.

All rights in the website, the FRAMEO brand, the configurator, planning software, texts, images, designs, product data and other content belong to FRAMEO, Blum or the respective rights holders.

You receive a simple, non-transferable right to use the configurator and your design for private or agreed business purposes.

Reproduction, publication, resale, automated scraping, imitation, modification or commercial use is not permitted without prior consent.

You retain your rights in content you upload. You grant FRAMEO the rights of use required for planning, quoting, ordering, service delivery, support and documentation.

Information about the processing of personal data can be found in our privacy policy at: www.frameokitchens.com/XXX

Where a customer acquires products or services exclusively for business purposes, mandatory consumer protection rights only apply if the statutory requirements are met.

To the extent permitted under New Zealand law, business customers agree that the Consumer Guarantees Act 1993 does not apply where the supply is made in trade, the agreement is in writing and the exclusion is fair and reasonable.

Further individually agreed terms for developers, dealers, architects, hoteliers or other business customers remain unaffected.

The law of XXX applies, excluding its conflict-of-law rules.

For consumers, this choice of law only applies to the extent that it does not restrict mandatory protective provisions of their habitual residence or place of acquisition.

The exclusive place of jurisdiction for disputes with business customers is XXX, to the extent such an agreement is legally permitted.

Before initiating legal proceedings, the parties should attempt to resolve the dispute through direct negotiation. Consumers may nevertheless contact competent courts or consumer protection bodies at any time.

FRAMEO may amend these Terms with effect for future use and contracts. For contracts already concluded, changes only apply if agreed or permitted by law.

Should any provision of these Terms be wholly or partly invalid, the remaining provisions remain effective. The applicable statutory rules replace the invalid provision.

Notices in connection with a contract may be sent to the contact details last provided.

Contact

• XXX full legal name
• XXX address
• Email: XXX
• Phone: XXX

• Last updated: XXX