Legal terms

RESPONSIBLE EDITOR AND OWNER FOR THE DOMAINS “JANROM.COM” and “ROM.BRUSSELS”:
SRL JAN ROM BV, European VAT ID no: BE 0475 907 437, legal capital: EUR 18,600.00, seated at: rue des Petits Carmes 2, 1000 Brussels (BELGIUM). The person responsible for the processing of personal data is the SRL JAN ROM BV represented by Mr Jan Rom. If you have any questions regarding the protection of personal data, please contact the srl Jan Rom by post or by e-mail (info@rom.brussels ).Being victim ourselves of numerous unsolicitated incoming mails (and marketing telephone calls) every day, we made it to our first rule to NEVER SEND UNSOLICITED EMAILS TO ANYBODY, OR POSTAL COMMERCIALS.

If an unsolicited email, which appears to be sent from the “janrom.com” or “rom.brussels” domain has been sent to you, please forward  it to info@rom.brussels.

LIMITS OF LIABILITY:
In the event of specific health problem(s), the information on this site, in our emails, or in our telephone sales advice, or in store, in relation to the bedding products offered, cannot in any case replace the advice of your doctor.

Information or specifications given by email, or appearing on the web pages may contain errors, may have been modified without our knowledge, or may not specify possible additional costs for transport, customs clearance, assembly, etc.

WEB HOST:
ONE.COM (B-one FZ-LLC) Kalvebod Brygge, DK 241560 Copenhagen VDENMARK European VAT no: EU208000020 phone +33 (0)176 540631DIC, license number 19958

ONLINE PAYMENT COMPANY:
PAYPAL (Europe) sàrl & Co.
22 Boulevard Royal
L-1150 LUXEMBOURG
phone +352 (0)27858827

CARD COMPANY FOR BANK CARD / CREDIT CARD
at the store in 1000 Brussels, rue des Petits carmes 2, or for out-of-hours sales at our customers location:
myPOS Limited, 12 St. Stephen’s Green, Dublin D02 WK11, IRLAND.

PROVIDER OF PAYMENT TERMINAL FOR BANK CARDS / CREDIT CARDS,
at the store: myPOS Limited, 12 St. Stephen’s Green, Dublin D02 WK11, IRLAND.

PRIVACY POLICY AT THE SHOP at 1000 Brussels, rue des Petits Carmes 2 or for out-of-hours SALES AT OUR CUSTOMERS:
when placing an order in the shop / at the home of our customers, customer data included on the handwritten order form will not be treated electronically by the owner, EXCEPT if a typed sales invoice is written. 

If the customer wants his purchase to be treated as a counter sale, no typed invoice will be required, but the payment terms will have to be adapted according to this (payment of the balance before delivery by credit card / credit card, or in cash, if the maximum legal amount for cash payments are not exceeded). 

If the customer wishes, a counter sale can remain completely anonymous as long as it does not exceed the maximum amounts defined by the Belgian law in this matter at that time. If this counter sale is paid by bank card/credit card: please see the according points of confidentiality described below.

The original purchase order/handwritten receipt (eventually with the customers signature) will be archived during the mandatory legal period as tax proof, and will NEVER be disclosed to third parties, except, as part of a legal obligation, to Belgian authorities. This original manuscript contains only the personal information that the customer wishes to communicate, namely: a name (not verified by the owner), possibly: a contact number, possibly: an email address, but mandatory: the description of the ordered goods and its value.
When paying with a bank card/credit card, the ticket used as proof of payment will also be kept for the same legal period, except in case of a possible loss. In the latter case the customer alone is responsible for the card payment proof ticket.
When paying by bank card/credit card in shop at 1000 Brussels, rue des Petits Carmes 2, or on sale at our customers, data will be transmitted electronically via GPRS mobile network, and not by wired computer network, to third parties, in particular to the card payment company, mentioned above, and it will be transmitted by a mobile electronic device provided by the card payment terminal provider, mentioned above.

When typewriting a quote and/or a typed order, the data that the customer has transmitted is processed by computer and with a standard software, on a local computer and not mobile, by the owner, but will never be transmitted to third parties, or subsequently used for marketing purposes. When sending these documents by e-mail, the document is transferred to the host server mentioned above. 

The electronic version of the order form, an invoice or an estimate will be destroyed at the explicit request of the client only.

Otherwise, it will remain stored indefinitely on the workstation of the owner, a work station normally protected, but linked to the internet, and will be erased when the owner decides, but:

The original paper version (printed or handwritten, and set on a certain date, signed or not by the customer), archived by the owner during the mandatory legal period, will always be the legally valid document, and not its archived electronical version. 
When processing a sales invoice, it will be written on an appropriate software, locally, on a fixed workstation of the owner, normally protected, but linked to the Internet, and then only transmitted in its printed form, to an IPCF-certified & chartered accountant office located in Brussels, and this exclusively within the framework of their mission, ie the encoding of the book values and the establishment of a VAT listing.

The sales counters are written in the obligatory legal cash book under the name (not verified by the proprietor) that the customer gives during the writing of the purchase order. This short registration name must link to a handwritten or typed purchase order / typed invoice – if there is one.
Sales subject to a typed, electonically processed, sales invoice are entered in the accounts only under the name (not verified) for customers as natural persons, and under their legal name (company name and VAT number verified) for companies. A typed invoice must always refer to a purchase order (manuscript or typewritten) -if the latter exists. A typed invoice must always refer to a clearly identifiable commodity, the price paid, the quantity ordered.

In case of dispute the owner reserves the right to use ALL DOCUMENTS (and fotos) in his possession, electronically stored/written/sent by email or on printed support, but ALWAYS INFORMS THE CLIENT ABOUT THIS.

LIMITS OF LIABILITY:
In case of specific (known or unknown) health issue(s), the indications, advices on this site, in our emails, or any advice given during telephone sales, given in our shop, in connection with any bedding products offered, can in no case replace the advice of your attending physician/medical doctor.

Any quotation or technical specifications sent by email, or appearing on the web pages may contain errors, may have been modified without our knowledge, or not specify additional costs of transport, customs clearance, or assembly and packaging costs, etc…

COOKIES USED ON THIS WEBSITE:
The website “janrom.com” (or “rom.brussels”) uses only a minimum amount of cookies or javascripts applets, these are only necessary for navigating on these sites. This types of cookies do not legally require the prior consent of the user in accordance with European directives, notably 2002/58/EC and 2009/136/EC.

PLEASE NOTE that some features of the sites “janrom.com” and “rom.brussels” (sharing of content on social networks, online shopping, sending/receiving email, sending PDF documents attached to an email, location of the store on a geographic map system, etc.) rely on services provided by third parties generally known -and deemed- for these online services. For these purposes your webbrowser can be redirected to the site of these third parties.

Like for all Internet services of this kind, the owner has no real control over the use of your data by these third parties. So the owner can not be held responsible for the processing of your data by these third parties. Note that all data, permanent and temporary, on the sites “janrom.com” and “rom.brussels”, and all associated email accounts, are physically hosted at a host (mentionned above), also a third party. 

Note that the owner of “janrom.com” and “rom.brussels” DOES NOT use any of the statistical relapse features that this above mentionned webhost offers to its customers.

PRIVACY POLICY FOR THE WEBSITE:
As for the processing of customer data in our shop, located at rue des Petits Carmes 2, 1000 Brussels in Belgium, we strictly follow the same confidentiality policy for the website in order to protect the identity of our customers and/or visitors.

The owner DOES NOT COLLECT ANY INFORMATION at any time about his visitors EXCEPT IN THE FOLLOWING CASES:

1) After an online purchase has taken place on the website, some necessary (and essential) data is recorded by the owner in the manner -and only the extend- it has been communicated to him by the online payment company (mentionned above).

2) When sending an email to an email address linked to the mentionned domains, your email address and the content of your email will be sent by the host (see above) to the owner. The latter then saves them for a certain period of time. In this case, your e-mail address and the content of your e-mail will NOT BE USED BY THE OWNER FOR ANY UNSOLLICITED EMAIL, or any other marketing email, unless you explicitly ask for it in your email (p.e. your email asking for information/needing an answer). Conversely, the owner reserves the right to erase any data that has been communicated to him, and that no longer seems important to him, and this at any time. E-mail addresses are NEVER communicated to third parties other than the host (mentionned above).

3) During a visit in our shop at the address mentioned above, the customer can leave his email to receive an email with specific information sent by the owner. But beyond this requested information no other email will be sent to him for advertising or marketing purposes.

4) When placing an order in store, customer data appearing on the order form will eventually be encoded by computer for the drafting of a purchase order or an invoice. These data will NEVER be communicated to third parties or used for future marketing purposes by the owner.

The owner of the domains “janrom.com” and “rom.brussels” invites you to contact directly by phone or to visit him in Brussels’ shop to exclude any danger related to data piracy, identity theft, or other dangers occuring by the use of your data by third parties, mentionned above, or by the communication ways used between the owner and these third parties. 

If an unsolicited email (appearing to be sent from the domain “janrom.com” or “rom.brussels”) has reached you, please let us know so that we can take appropriate action.

TERMS OF SALES:
1. GENERAL. Sales are deemed made in Brussels. Any customer, by placing an order, is expected to know and accept without reservation the terms of sale listed below. The possible nullity of a clause does not entail the nullity of the general terms.
2. INTELLECTUAL PROPERTY. Our estimates, quotations, and any drawings and models which eventually accompany them, remain our property. They can not be communicated, even partially, to third parties without our authorization under pain of claims for damages and interests.
3. ORDERS. The orders that are transmitted to us are binding only after our acceptance. All orders must clearly sate the quantity, the name and item number of the ordered item. For materials of natural origin used in the manufacturing (wood, marble or fabrics, natural fibers, for example), we can not guarantee a perfect identity in shades and veinings, densities, whether in sample order or in case of reassortment. These differences can in no way constitute a sufficient cause for cancellation or a price reduction.
4. CHANGES IN ORDERS. Any modification of the order entails modification of the sales contract only after a written agreement of the owner. It can only be accepted if it does not interfere with the production. It could, if necessary, give rise to an increase in tariffed prices.
5. CANCELLATION OF ORDER. Any cancellation of order, after acceptance by the owner, entails the invoicing of 50% of the amount of the order, fixing the damage suffered and the costs incurred.
6. DELIVERY. Unless otherwise indicated, our goods requiring no assembly, are delivered “for free” in Brussels if the total sales value is above 750 EUR (21% VAT included). Outside Brussels and on Belgian territory, the customer is required to pay a delivery fee of 75 € (21% VAT included). Deliveries abroad are subject to special stipulations to be expressly agreed. For any goods requiring assembly, the costs amount to 5% of the total goods value amount of the order. The purchaser must, in the event of damage or damage, formulate its reserves with the conveyor on the arrival of the goods. Any dispute relating to delivery must be expressly indicated and mentioned on the delivery note. The return of the duplicate delivery note, signed by the buyer (or his delegate), will be considered as final acceptance receipt. The goods are placed if the room is free and if the furniture can be easily assembled by the stairs or the lift. The customer is obliged to inform us in advance if the furniture is to be assembled through the windows. The installation is ensured by specialized movers and at the expense of the customer. The costs resulting from any unjustified movement of personnel and trucks will also be borne by the buyer. If the goods have to be presented more than once at the customer’s address, the customer is obliged to pay a rate of € 60 per additional journey.
7. DELIVERY DEADLINE. The production and delivery delay are given as accurately as possible once an order has been passed. If the respect of a precise deadline is an essential condition for the purchaser, this has to be  mentioned in the order form. The owner shall not be liable for late delivery, or even no-execution of orders, in the following cases: a. in the event that the terms of payment stipulated in our order form have not been observed by the buyer; b. in the event that the buyer does not comply with the terms of payment stipulated in our order confirmation; c. in the event that the buyer does not comply with the terms of payment stipulated in our order confirmation. in the event that the information necessary for the execution of the order has not reached the owner in due time (in particular the precise description of the qualities and colours of fabric for the possible upholstery, etc.); c. if the delay or no-execution of the order results from a case of  force majeure, or from the unusual delay of the owner’s supplier, or from a stock shortage of the owners suppliers, or more generally, from any cause beyond the owners control.
8. STORAGE: If the delivery date is postponed by the buyer, the goods shall be deemed to have been delivered on the date stated on the order confirmation. The goods will be placed in storage at the expense (15 € per m2 and per month) and risk of the buyer; invoicing will be established from this moment, and payment will be made in cash upon receipt of the invoice.
9. INVOICING. Any complaints regarding invoices must, under penalty of forfeiture, be submitted in writing within eight days of the date of the invoice.
10. INVOICES FOR FABRICS. No delivery will be made for a length of less than 0.50 m considered as a minimum fabric amount. The footage is rounded 5 to 5 cm.
11. PAYMENTS. The goods are payable in Brussels. A deposit of 30% to 50% must be paid when ordering. Our prices are net cash on receipt of invoice. Payment may under no circumstances be deferred as soon as delivery has been made. The need to adjust, add or replace a missing or defective part can only give rise to a maximum deduction of 10% of the total price, unless the good is unfit for the use for which it is intended. In case of late payment, a monthly interest of 1% will be due. All goods remain the property of the seller until full payment of the purchase amount.
12. SUSPENSION OF PAYMENTS. In any event of incapability or suspension of payment, composition or bankruptcy on the part of the buyer, the sale will be cancelled immediately by operation of law upon the occurrence of any of these facts, unless the owner is notified by the buyer (or its representatives) of the decision to maintain the sale.
13. PAYMENT SOLIDARITY. The customer who signs the order form is responsible for the payment of the invoice. If the invoice is made out in the name of a third party at the customer’s request, the customer and the third party are jointly and severally liable for the payment thereof and for the performance of other obligations arising from our general and special terms of sales.
14. RETURNS. No goods may be returned to us without our prior consent, including our return instructions. Any goods returned in good condition, accepted by us, will give rise to a credit note or a refund up to a maximum of 80% of the amount invoiced.
15. ALLOCATION OF JURISDICTION. In case of dispute or contestation – even in summary proceedings – only the courts of Brussels, Belgium are competent.
16. LIMITATIONS OF WARRANTIES. The information we provide when selling bedding products relate to the properties of the products. We explain and compare the advantages of different materials for bedding items.
The choice of any subjective characteristic (e.g. firmness, flexibility, thermal behaviour…) being only a decision of the customer who can judge alone according to his habits, his needs and his health – and this after various tests on our test articles. Mattresses: 5 years warranty. Top mattresses: 3 years. Springboxes: 5 years. Slatted bases: 2 years. Electric motors for box springs 2 years. 
Mattress: It is completely normal that the padding materials (especially natural wool and/or natural cotton) used in the mattress can be permanently compressed up to 60% of their initial thickness. This is why mattresses and mattress overlays can have a loss of local height (“lying trace”). Over one year of use this can be up to 1.5cm, after 5 years up to 2.0cm and such local height loss is not covered by the warranty as it is a normal phenomenon. 
Claims involving these “lying traces” smaller than these values are not covered by the warranty: 
1. Place the mattress on a flat, hard surface. 
2. Place a standard batten (NEN 1334, or identical alternatives, through the mattress). 
3. Check if there is a gap between the profile and the mattress. 
4. Measure this space without exerting pressure on the mattress. 
Deviation of dimensions: For mattresses and box springs: Deviations in nominal length, width or height have a tolerance of +2 to -2cm. Top mattresses: from +2cm (if washable, oversize against shrinkage: +10cm) to -2cm. 
This method is based on the NEN-EN 1334 standard. 
Any guarantee on the mattress is only valid  with the use of a suitable mattress support which allows sufficient ventilation. A collapsed, or insufficiently supporting, mattress support causes premature wear and voids the mattress guarantee.

GENERAL TERMS FOR SERVICES
1. OBLIGATIONS OF THE SRL JAN ROM (ROM bedding) Srl Jan Rom is required to perform the services requested of it in accordance with the rules of the art, according to the procedure, that it recommended to the customer, and this by respecting reasonable deadlines. Upon receipt of the items, srl Jan Rom is required to provide the customer with an acknowledgement of receipt, mentioning the date of deposit of the items, their quantities and designations, as well as mentionning the packaging (transport bag) with which the items were brought by the customer. Srl Jan Rom is responsible for losses and damages caused to the objects entrusted, unless otherwise stipulated in these general terms of service.
2. RECOMMENDATIONS TO CUSTOMERS. The customer will attach his name and telephone number to his packages and preferably mark the entrusted pieces with his initials. He will pack his items properly so that nothing can be lost or damaged for transport to the workshop.

3. CUSTOMER OBLIGATIONS. The customer will provide his name and mobile number to srl Jan Rom, knowing that it is only through this telephone number that srl Jan Rom will subsequently communicate, by voice message or SMS message.
The customer will remove any dangerous object that could damage his pieces when washing or injure people when handling his items. Duvet covers or pillowcases, or others detachable items must be removed from the item to be cleaned or treated. Srl Jan Rom cannot be held responsible for the loss of these envelopes or objects separable from the item itself. This includes the customers transport bag.

4. LIMITATIONS OF LIABILITY. Srl Jan Rom declines all responsibility for damage occurring to items that have undergone normal and adequate treatment, but whose composition of materials or a defect were not detectable at first sight.
Pieces of particular value, or particular fragility, must be packaged separately and be accompanied by a warning note.
If this obligation has not been respected, the liability of srl Jan Rom is not engaged in the event of damage caused by global treatment of the items. Provided that srl Jan Rom has expressed its reservations to the customer, in advance and by SMS message, to the number provided by the customer, the treatment of the items listed below will be carried out in accordance with the rules of art, but at the customer’s risk, namely:
exceptionally delicate textiles, such as silks, percales, batiste, whose colors are alterable, which are deformable and not resistant to felting, or which are unstable to the touch. Not covered are also duvets or pillows, woolen, silky fillings without the legal composition textile label or other information concerning the composition and therefore making it impossible to evaluate the value of the object(s) entrusted.
Provided that srl Jan Rom has expressed its reservations to the customer, in advance and by SMS message, the regeneration will also be carried out in accordance with the rules of art, but at the customer’s risk, if the latter has not opposed the SMS message within 5 working days.
The items are always cleaned according to the recommendations indicated on the care labels with which they are provided. Srl Jan Rom declines all responsibility in the event of damage caused to these fragile objects mentioned above, and further fragile items not mentionned above.

5. PRICES AND PAYMENT. The customer accepts the current prices of services of srl Jan Rom mentionned on the receipt. The size of the item to be serviced is determined by srl Jan Rom at the workshop. The figure used to establish the note will be rounded up to the next standard size if it is an intermediate measurement. If the addition of necessary material, which can only be assessed in the workshop, exceeds the agreed amount, the customer will be informed in advance by an SMS message, and may then object within 5 working days via SMS or phone call. In this case the works that implied this extra costs will not be executed. In the event of non-payment, impossibility of delivery or abandonment by the customer, the goods become the property of srl Jan Rom six months after their date of depot and this without consideration or warning of any kind.

6. COMPLAINTS. In the event of loss, incorrect treatment or damage to the objects, the customer’s complaint must be sent by registered letter to srl Jan Rom, rue des Petits Carmes 2, 1000 Brussels within 10 days after reception of the items, the damaged item must be deposited at the shop for proof. A simple return of the damaged item, with acknowledgement of receipt by the recipient, is equivalent. After expiry of this period, any complaint may be refused. If the items have been used longer then these 10 days, the complaint becomes inadmissible.

7. COMPENSATION. If the customer’s complaint regarding incorrect treatment, damage or loss of an item is admissible and justified, srl Jan Rom must restore the item, replace it or grant compensation.