GENERAL TERMS AND CONDITIONS | Flex-on® Equestrian equipment
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ACCEPTANCE

These general terms and conditions of sale apply exclusively to all sales made through the online store www.flex-on.fr and concluded with any person wishing to make a purchase on said site (“the Customer”). The Customer acknowledges having read these general terms and conditions of sale and, by placing an order, agrees to adhere to them without reservation. Confirmation of the order implies acceptance of these general terms and conditions of sale and acknowledgment of full knowledge thereof. SAS FLEX-ON reserves the right to modify these general terms and conditions of sale at any time. In case of modification, the applicable terms and conditions will be those in force on the date of the order.

It is the Customer’s responsibility to select on the site the products they wish to order and to formalize their order by following the order process outlined on the site. The order will be confirmed by SAS FLEX-ON by sending an email to the Customer. The sale will be considered final upon the sending of this email.

PERSONAL DATA PROTECTION

We are committed to protecting your personal data. All personal data collected about you is treated with the utmost confidentiality, in accordance with our personal data protection policy. The personal data we collect from the information you provide is used exclusively for processing your order under the best conditions and to offer you tailored offers. Your personal data is never rented, transferred, or sold to third parties for purposes other than the execution of your order. In accordance with the French Data Protection Act of January 6, 1978, personal information concerning the Customer may be subject to automated processing. These data will be retained for a maximum of 2 years. Each Customer has the right to access and rectify data concerning them, in accordance with the law of January 6, 1978.

These data are those that the Customer has voluntarily entered when responding to questionnaires or requesting information. No personal information concerning the Customer will be transferred to third parties or used for unforeseen purposes. The automated processing of information, including the management of users’ email addresses, has been declared to the CNIL on 25/07/2012 under number 1638617 v 0.

PRODUCTS

The products offered on the site www.flex-on.fr, owned by SAS FLEX-ON, are specialized products for equestrian practice. The products offered comply with the provisions of current French and European legislation. The photographs illustrating the products are provided for indicative purposes only and are not contractual. The Customer is therefore invited to refer to the description of each product to know its precise characteristics. Product offers are valid as long as they are visible on the site, within the limits of available stocks.

PRICES

The reference currency for payment is the euro. The prices of the products displayed on the site correspond to the rates in effect on the day the order is placed. The displayed prices cover the costs of preparing the order, its specific packaging, and delivery to the Customer in mainland France. Prices are invoiced in euros based on the said rates in effect at the time of the order, subject to possible data entry errors or changes in the VAT rate. The currently applied VAT rate is 20%. Invoicing is established by SAS FLEX-ON according to the prices set on the site www.flex-on.fr.

WARRANTY

All other parts are considered wear parts and must be replaced at the customer’s expense and are not covered by the warranty. The warranty covers any breakage occurring on the frame during the use of the product within its intended use. The warranty becomes void if the breakage occurs outside this intended use; it also does not cover damage caused by the owner’s lack of maintenance (oxidation, scratches, impacts). The warranty covers, for 2 months, textile products under normal use against any defect or manufacturing fault compared to the specifications indicated in the Product’s manual and provided that the installation has been carried out in accordance with our manuals and current standards.

All Products are guaranteed under the conditions of the warranty provided by articles L 211-4 and following of the Consumer Code and the warranty against hidden defects provided by articles 1641 and following of the Civil Code. The warranty consists solely of a refund or replacement of the Product that does not conform to the ordered quantity or is affected by a manufacturing defect. In this case, the Customer must contact the claims department by email or by registered letter with acknowledgment of receipt at the following address: SAS FLEX-ON 9 Chemin de Brousse 64160 MORLAAS.

SAS FLEX-ON can also be contacted for any questions at the following phone number: 05 59 90 46 18.

Any warranty is excluded for incidents resulting from improper storage by the Customer, non-compliance with the expiration date as indicated on the Product, or improper use of the Products.

INTENDED USE OF THE FLEX-ON STIRRUP

Flex-on stirrups are exclusively designed for equestrian practice; they must be attached to the stirrup leathers in accordance with the direction indicated on their frames by the letters “R” (right) and “L” (left).

Non-warranty clauses for Flex-on stirrups:

  • Material damage: we do not guarantee impacts, scratches, tears, punctures, friction marks, or other damage caused to the stirrups and/or by the Flex-on stirrups, notably: on the saddle, stirrup leathers, chaps, soles of your shoes, boots, clothing, etc.

  • Wear: we do not guarantee the wear of Flex-on stirrups due to corrosion and oxidation by liquids, products, or any other substances that may attack the stirrups (notably sea salt).

  • Sea salt: is a naturally corrosive agent; it corrodes stirrups. Thorough cleaning of the stirrups after each use in a saline environment is strongly advised by Flex-on.

  • The horse: we do not guarantee Flex-on stirrups if your horse rolls over or falls on the stirrups, or any other use modifying the original structure of the Flex-on stirrups.

WEAR PARTS

The wear parts of Flex-on stirrups are parts with a limited lifespan. These include the footbed, elastomers, and screws connecting the frame to the footbed. The lifespan of these parts varies depending on the rider; it depends on their level, frequency of use, and maintenance. Regular maintenance is advised to optimize the lifespan of wear parts.

PAYMENT TERMS AND METHODS

Payment for purchases by the Customer is made at the time of order and online via credit card or PayPal.

Payments can be made by credit card by the Customer by entering their 16-digit card number, expiration date, and the security code on the back of the card.

Payments can also be made via PayPal, the undisputed leader in online payments, allowing buyers and sellers to send and receive payments online. Using PayPal means:

  • Making purchases with PayPal: it’s free at the time of order payment. However, for a return or cancellation after payment, PayPal commission fees will be deducted from the buyer’s order refund.

  • Buying and paying with peace of mind by registering your information with PayPal.

  • PayPal is accepted by millions of merchants worldwide and is notably the most used payment method on eBay.

PayPal helps protect your credit card information with the best systems on the market for security and fraud prevention. When you use PayPal, your financial information is never shared with the merchant.

SAS FLEX-ON reserves the right to refuse delivery in the absence of payment or in case of incomplete payment.

RETENTION OF TITLE

The products remain our property until full payment of the price by SAS FLEX-ON, including its accessories.

DELIVERY TERMS AND TIMES

Products are delivered to the address indicated by the buyer on the order form; the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer may, upon request, receive a digital invoice at the billing email address instead of the delivery address. The shipment of the order takes effect only upon receipt of the Customer’s payment. The average delivery time for an order is 1 week from the order date.

Delivery conditions of your order

We have chosen to work with DHL and La Poste Colissimo for sending your order because it guarantees delivery:

  • FAST: your order arrives at your home 2 to 3 business days after shipment.

  • SECURE: your order is delivered to you from Monday to Friday, in person and against signature if the option has been selected. In case of absence or inability to deliver your package (no concierge, …), the delivery person will leave a delivery notice. If possible at the delivery address, the delivery notice will mention the date and address of the relay point where you can collect your package (within 15 days) upon presentation of an ID.

  • TRACKABLE: At any time, thanks to the tracking number we will provide, you can track your package by connecting to the DHL site https://www.dhl.fr/fr/dhl_express/suivi_expedition.html or the La Poste site https://www.laposte.fr/outils/suivre-vos-envois as appropriate.

SAS FLEX-ON cannot be held responsible for delivery problems resulting from difficulties accessing the delivery location or an incorrect address provided by the Customer.

The consumer is required to check, in the presence of the postal worker or delivery person, the condition of the packaging as well as the products upon delivery. They have 48 hours from delivery to make any reservations or claims in writing for non-conformity or apparent defects of the delivered products with all relevant supporting documents. After this period and failing to comply with these formalities, the Products will be deemed compliant and free from any apparent defects. SAS FLEX-ON will replace as soon as possible and at its expense the delivered products whose apparent defects or non-conformity have been duly proven by the Customer.

INTELLECTUAL PROPERTY

All elements of the site www.flex-on.fr are and remain the intellectual and exclusive property of SAS FLEX-ON. Neither the Customer nor any other person is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the site whether they are software, visual, or audio. Any simple or hypertext link is strictly prohibited without the express written consent of SAS FLEX-ON.

DISCLAIMER / FORCE MAJEURE

SAS FLEX-ON’s liability cannot be engaged in case of non-performance or improper performance of the contract due either to the Customer’s fault, to an unforeseeable and insurmountable act of a third party, or to a case of force majeure. Cases of force majeure releasing SAS FLEX-ON from any obligation to execute any order and to pay compensation of any kind include strikes, floods, fires, disruptions or interruptions of transport

RIGHT OF WITHDRAWAL

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the delivery date of the order to return the item that does not suit them and request either a refund or a credit note issued as a gift card valid for one year from the date of issue, without penalty. The customer may request a refund in writing, without penalty, except for return shipping fees and original delivery charges, which remain the customer’s responsibility. Return shipping costs in the event of withdrawal are always borne by the customer. To ensure parcel tracking, the customer agrees to return the item using a shipping method that guarantees, in the customer’s interest, the parcel’s receipt by our services. Otherwise, we would be obliged to reject the customer’s request. This withdrawal request must be sent to the sales department by email at: commercial@flex-on.fr. The product must be returned in perfect condition, in its original packaging, and include all accessories and manuals. After inspection, the product will be refunded within 1 month using the original payment method. Otherwise, the right of withdrawal cannot be validly exercised, and the product will be returned to the customer at their expense.

In case of order cancellation or exercise of the right of withdrawal for a purchase paid via PayPal, the commission fees charged by the PayPal platform (currently 3.49% of the amount + €0.35 incl. VAT) will not be refunded. In accordance with PayPal’s policy, these fees remain the responsibility of the buyer and will be deducted from the total refunded amount.

This provision also applies in the event of partial refund, cancellation before shipment, or any other situation involving a refund to the buyer.

DISPUTES

The applicable law for this contract is French law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) dated April 11, 1980.
Any dispute arising from this contract will be submitted, in the absence of an amicable resolution, to the competent courts of Pau. This jurisdiction clause also applies to summary proceedings.

OWNERSHIP OF THE WEBSITE

The website www.flex-on.fr is the property of the company FLEX-ON SAS, with a share capital of €125,000.00, registered with the Trade and Companies Register of Pau under number 799 454 954, with headquarters located at ZA Gaston Fébus – 4 rue Pierre Bourdieu – 64160 MORLAAS, France.