OWNERSHIP OF THE WEBSITE
The www.flex-on.fr website is the property of FLEX-ON, a company with a capital of 3,000.00 euros, registered in Pau Companies Register under No 799 454 954, with company headquarters at ZA Gaston Phoebus – 9 Chemin de Brousse – 64160 MORLAAS
These general terms and conditions of sale apply exclusively to all sales carried out on the www.flex-on.fr commercial website by any person wishing to make an online purchase from this site (the “Customer”). The Customer acknowledges the general terms and conditions of sale displayed on this site and, by placing an order, agrees to abide by them without reservation. By confirming your order, you agree to these general terms and conditions of sale and acknowledge that you have read and understood them fully. The FLEX-ON company reserves the right to modify these general terms and conditions of sale at any time. If such a modification occurs, all orders shall be subject to the general terms and conditions of sale that apply on the day of the order.
It is the Customer’s responsibility to select from the site the products that he or she wishes to order and to complete the order by following the ordering procedure as laid out on the site. The order will be confirmed by FLEX-ON by email to the Customer. The sale is considered final when this email is sent.
PROTECTION OF PERSONAL DATA
We undertake to protect your personal data. All personal data collected about you will be processed in the strictest confidentiality, in line with the provisions of our personal data protection policy. Any personal data about you that we collect from data you enter will serve exclusively for processing your order under the best possible conditions and for offering you products tailored to your needs. Your personal data will never be leased, transferred or sold to third parties for purposes other than handling your order. In accordance with the French Data Protection Act of 6 January 1978, personal data relating to Customers may be automatically processed. These data will be retained for a maximum of 2 years. All Customers have the right to access and correct data relating to themselves, in accordance with the French Act of 6 January 1978.
These data are those that Customers have voluntarily recorded in responding to questionnaires or requesting information. No personal information about Customers will be transferred to third parties or used for purposes not provided for. The automated processing of data, including the management of the email addresses of site users was declared to the French national data protection agency (CNIL) on 25/07/2012 under registration number 1638617 v 0.
All products offered for sale on www.flex-on.fr, a website owned by the FLEX-ON company, are specialist equestrian products. These products comply with the provisions of existing French and European legislation. The photographs illustrating products are provided for illustrative purposes only and are not contractually binding. Customers are consequently invited to refer to descriptions of the individual products to understand their precise specifications. Product special offers are valid for as long as they are displayed on the site and as long as supplies are available.
The currency for payment is the euro. Product prices as displayed on the website relate to the current prices on the day that the order is placed Prices displayed include the costs of processing the order, packaging and delivery to Customers in mainland France. Prices are billed in euros on the basis of the rates in force at the time when the order is placed, subject to potential data entry errors or changes in VAT rates. The current VAT rate applied is 20%. FLEX-ON bases its billing on the prices displayed on the www.flex-on.fr website.
All parts deemed to be subject to wear and tear² are to be replaced at the expense of the customer and are not covered by the warranty. The warranty covers any breakage that arises when the product is used under normal conditions¹. The warranty is void when the breakage occurs outside normal conditions of use¹, and nor does it cover damage caused by a lack of maintenance by the owner (rust, scratches, damage from knocks). The warranty covers, for a period of 2 months, all textiles used under normal conditions against any faults or manufacturing defects in relation to the specifications provided in the product manual and providing that they have been fitted in accordance with our specifications and applicable standards.
All Products are guaranteed under the warranty conditions provided for under Articles L. 211-4 et seq. of the French Consumer Code and the garantie des vices cachés (warranty for latent defects) contained in Articles 1641 et seq. of the French Civil Code. The warranty only entitles claimants to the reimbursement or replacement of any Product that is inconsistent with the quantity ordered, or which has a manufacturing defect. In this eventuality, customers must contact the complaints service by email or by registered letter with acknowledgement of receipt at the following address: SAS FLEX-ON 9 Chemin de Brousse 64160 MORLAAS.
FLEX-ON may also be contacted for all enquiries by calling the following number: 00 33 (0)5 59 90 46 18
All warranties are void in the case of incidents arising from improper storage on the part of the Customer, a failure to observe the expiry date indicated on the Product or of improper use.
NORMAL USE OF FLEX-ON STIRRUPS
Flex-on are exclusively designed for equitation and should be attached to the stirrup leathers as indicated by the letters “R” (right) and “L” (left) on the irons.
Warranty disclaimers for Flex-on stirrups:
- Property damage: our warranty does not cover knocks, scratches, tears, puncture marks, rubbing or other damage caused to or by Flex-on stirrups: to the saddle, stirrup leathers, chaps, soles of your shoes, boots, riding clothes, etc.
- Wear and tear: our warranty does not cover wear and tear to Flex-on stirrups due to corrosion and rusting from liquids, products or any other substances which can harm stirrups (particularly sea salt).
- Sea salt: this is a naturally corrosive agent which harms stirrups. Flex-on strongly advises users to clean their stirrups meticulously after they have used them in a saline environment.
- Horse: our warranty does not cover Flex-on stirrups if your horse bumps against or falls on the stirrups or any other use which alters the original structure of the Flex-on stirrups.
PARTS SUBJECT TO WEAR AND TEAR
Flex-on stirrup parts subject to wear and tear are those parts which have a limited lifespan. These include the tread, the elastomer springs and the screws attaching the tread to the iron. The lifespans of these parts vary according to riders, their level, frequency of use and maintenance. Regular maintenance is recommended to optimise the lifespan of parts subject to wear and tear.
PAYMENT METHODS AND CONDITIONS
Customer purchases are paid for online via PayPal when the order is placed.
Payments may be made by credit card when the Customer provides the 16-digit credit card number, expiry date and the code on the back of the card.
PayPal, which is indisputably the leading online payment method, allows buyers and sellers to send and receive online payments. PayPal allows you to:
- Make your purchases with PayPal for free
- Shop with complete peace of mind once you have registered your information with PayPal
- PayPal is accepted by millions of retailers worldwide and is the most widely used payment method on eBay.
PayPal helps to protect your credit card details with the latest anti-fraud technology to make your transaction safer. When you use PayPal, your financial information is never passed on to the retailer.
SAS FLEX-ON reserves the right to refuse to make delivery when payment in whole or in part has not been made.
TITLE RETENTION CLAUSE
Products remain our property until the invoice has been settled in full to FLEX-ON including all accessories.
DELIVERY DATES AND CONDITIONS
Products will be delivered to the delivery address (excluding French overseas territories and outside France with the exception of Monaco) that you provided when placing your order. The order is not shipped until Customer payment has been received. The average delivery time is 1 week from the date when the order is placed. The customer assumes all shipping risks.
Terms of delivery of your order
We have chosen to work with DHL to deliver your order as this guarantees that your delivery will be:
- FAST: your order will arrive between 24/48 hours after it has been dispatched
- SECURE: your order will be delivered Monday to Friday, requiring a signature from the person taking delivery. If you are not home or it is impossible to deliver your parcel (no caretaker, etc.), a delivery card will be left with the date and address of the service point where you can pick up your parcel (within 15 days) upon presentation of a form of ID.
- TRACKABLE: You can use the shipment number that we provide to track your delivery at all times when you log in to https://www.dhl.fr/fr/dhl_express/suivi_expedition.html.
All our shipments require to be signed for, for security and tracking purposes.
FLEX-ON is not liable for any delivery problems arising from difficulties in accessing the place of delivery or from a wrong address provided by the Customer.
The consumer is required to confirm, in the presence of the delivery man or woman, the condition of the packaging and products on delivery. He or she has 48-hours from the time of delivery to formulate in writing any reservations or complaints in relation to faulty or substandard goods delivered with all relevant supporting documents. After this time or if these procedures have not been observed, the Products will be deemed to be compliant and free of any of any obvious defects. FLEX-ON will replace at its own cost and as soon as possible any products delivered whose obvious defects or lack of conformity have been duly substantiated by the Customer.
All contents of the www.flex-on.fr website are and remain the exclusive intellectual property of the FLEX-ON company. Neither the Customer, nor any other person is authorised to reproduce, use, redistribute or employ for whatever purpose, even in part, of the contents of this site, including software and audio-visual materials. Any simple or hypertext link is strictly forbidden without the express written agreement of the FLEX-ON company.
EXEMPTION FROM LIABILITY/FORCE MAJEURE
The FLEX-ON company cannot be held liable for a failure to perform the contract or its improper performance due either to an act by the Customer or to an unforeseeable and insurmountable act by a third party or to an event of force majeure. Events of force majeure which release the FLEX-ON company from all obligations to fulfil all orders and to pay compensation for whatever reason include strikes, floods, fires, transport disruption and interruption, difficulties in the supply of raw materials or power, any important accident affecting production by subcontractors, any damage arising from internet and/or telecoms malfunction and, in general, all events beyond the control of the FLEX-ON company which prevent or delay the manufacture, supply or delivery of the Products. Customers are solely responsible for any damage arising from their failure to observe expiry date of the Products ordered.
RIGHT OF WITHDRAWAL
In accordance with Articles L. 121-20 et seq. of the French Consumer Code, Customers have a period of 7 working days from the date of delivery of the order to withdraw, without giving reasons, and return the product ordered. Customers may request a refund, in writing, without penalty, except for the costs of return and delivery for which they shall remain liable. The Customer always remains liable for the cost of returning products in the event of withdrawal. In order to track the delivery, Customers undertake to return the product by a shipment method that guarantees, in the interests of the Customer, that our services take reception of the parcel. Otherwise, we would be obliged to refuse the Customer’s request. This right of withdrawal must be submitted to the sales service by email to email@example.com. The product must, under all circumstances, be returned in perfect condition in its original packaging. It must include all its accessories and instruction manual. After inspection, the Customer will be refunded by cheque for the products within 1 month. Failing this, the right of withdrawal may not be exercised validly and the product will be returned to the Customer, at his or her expense.
This contract is governed by French law with the exclusion of the Vienna Convention on the International Sale of Goods of 11 April 1980.
Any dispute arising from this contract shall, failing amicable agreement, be submitted to the appropriate courts of Pau. This jurisdiction also applies to emergency proceedings.