Withdrawal, cancellation and refunds

Types of situation

The same generic word “cancellation” can cover situations that are legally different. We treat them separately:

1. legal withdrawal: the consumer’s right to back out of the contract, under the conditions provided by law, usually within 14 days;
2. cancellation before the service starts: the client cancels the order before BrandForge has started posting content or working on the website;
3. ending the contract for non-supply or lack of conformity: the service was not provided or does not match the agreed specifications, under the conformity section of the Terms and conditions;
4. commercial refund: the return of amounts paid, applicable to the situations above, under the conditions described below;
5. correcting the result: fixing a lack of conformity, without this being a withdrawal or a refund;
6. a subjective change requested after the brief has been approved: the client changes their creative choices after the brief has already been confirmed and, possibly, after work has started; this is not a case of withdrawal or lack of conformity, but a request for an additional change; see the section on revisions in the Terms and conditions.

The right of withdrawal (14 days)

If you are a consumer (an individual acting outside a trade, business or profession), you generally have the right to withdraw from a distance contract within 14 days of its conclusion, without having to justify your decision.

BrandForge’s services (social media management and the website subscription) are services, not digital content delivered instantly; the applicable rule is as follows:

• if you did not ask for the service to start before the 14 days have passed, you can withdraw in full and at no cost within that period;
• if you expressly asked for the service to start before the 14 days have passed, you confirmed that you were aware that you would lose your right of withdrawal once the contract had been fully performed, and if the contract is fully performed within that period (for example, all agreed posts have been delivered), the right of withdrawal is lost. Merely starting the service does not, by itself, cause the right of withdrawal to be lost;
• if you withdraw after the service has started at your express request, but before full performance, you owe an amount proportional to what has already been provided up to the moment you gave notice of withdrawal, and any amount paid in excess is refunded to you;
• the specific situation depends on the exact nature of your contract (social media or website) and on the stage the work is at when you ask to withdraw.

Starting the service immediately

If you want the service to start before the 14 days have passed, we will ask you to expressly confirm this request, separately from simply accepting the Terms, and to confirm that you are aware of the conditions under which you may lose, partly or entirely, your right of withdrawal as a result of this request.

Withdrawing from the website subscription

For the monthly website subscription, the right of withdrawal can be exercised within 14 days of the contract’s conclusion, even if the website has already been delivered at your express request: the subscription (hosting and maintenance) continues, so the contract is not fully performed simply by delivering the website. If you withdraw after the service has started at your request, you only owe the proportional amount described above. After this period, the collaboration is stopped by ending the subscription, not by withdrawal. The subscription has no minimum period: you can end it at any time, without penalties, under section 1.18 of the Terms and conditions. Ending it stops the automatic renewal for the following month; the website stays live until the end of the month already paid for, and the month already invoiced is not refunded. The domain stays yours, and if you also want to keep the website, you can buy it, under section 1.16.

Refunds

• Before the service starts: if you cancel the order before BrandForge has started posting content or working on the website, the amount paid is refunded in full.
• After the service has started, at your express request: if you withdraw after the service has started at your express request, and the law allows it, the refund is calculated in proportion to what has already been performed up to the moment of withdrawal (for example, the number of reels already posted, or the number of days of the subscription month already elapsed).
• For non-supply: if the agreed service is not provided under the agreed conditions, you are entitled to a full refund of the amount paid for the part not provided.
• For lack of conformity: depending on the situation, you are entitled to a refund or a proportional price reduction, under the conformity section of the Terms and conditions.
• Refund method: refunds are usually made using the same payment method used for the order, unless the law provides or the parties agree otherwise.
• Timeframe: refunds are made within the applicable legal timeframe, with no additional exceptions set unilaterally by BrandForge.

Services for professionals (B2B)

The legal 14-day right of withdrawal is specific to consumers. It does not automatically apply to contracts concluded by legal entities or professionals ordering for business or professional purposes; in those situations, the conditions for cancellation, termination and refunds are set by the specific agreement between the parties, in compliance with the legal provisions applicable to commercial relationships.