Article 1 – Objet
Les présentes conditions générales de vente ont pour objet, d’une partie, d’informer tout éventuel consommateur sur les conditions et modalités dans lesquelles le vendeur (onflex) procède à la vente et à la livraison des produits commandés et, d’autre part. , de définir les droits et obligations des parties dans le cadre de la vente de produits par ONFLEX au consommateur (l’Acheteur). Elles s’appliquent, sans restriction ni réserves, à l’ensemble des ventes, des produits proposés par ONFLEX sur son seul site Internet officiel www.onflex.fr (ci-après le Site).
En conséquence, le fait pour toute personne de commandant un produit proposé à la vente sur le Site Internet de ONFLEX emporte l’acceptation pleine et entière des conditions générales de vente présentes dont l’Acheteur reconnaît avoir pris connaissance préalablement à sa commande.
Les produits sont proposés à la vente et à la livraison sur les territoires géographiques suivants : France métropolitaine (Monaco et Corse comprend), tous les pays membres de l’Union Européenne, la Suisse, les Etats-Unis et le Canada, l’Afrique , l’Océanie, l’Asie ainsi que les DOM-TOM.
Aux fins des présentes Conditions Générales de Vente, l’Acheteur et ONFLEX sont individuellement ou collectivement désignés la Partie ou les Parties.
L’Acheteur préalablement à sa commande, déclare que :
• l’achat de produits sur le Site Internet de ONFLEX est sans rapport direct avec une activité professionnelle et est limité à une utilisation strictement personnelle ; sauf accord préalable demandé auprès des dirigeants de la société.
• avoir la pleine capacité juridique, lui permettant de s’engager au titre des présentes conditions générales de vente.
Toute commande ne correspondant manifestement pas à une vente au détail et, plus généralement, toute commande frauduleuse ou présumée comme telle, sera considérée par ONFLEX comme nulle et non avenue.
ONFLEX se réserve la possibilité de modifier à tout moment les conditions générales de vente présentes.
Les Conditions Générales de Vente applicables à la commande passée par un Acheteur sur le Site ONFLEX sont celles acceptées par l’Acheteur au moment de la passation d’une telle commande. Les présentes Conditions Générales de Vente viennent compléter les conditions d’utilisation du Site www.onflex.fr, disponibles à tout moment par la rubrique Conditions générales de ventes du Site et applicables à l’Acheteur.

Article 2 – Identité de la Société
Nom de ma société : STARLINK TRAD EU LLC
• Le siège social est situé 2105 VISTA OESTE ST NW STE E 1116 ALBUQUERQUE NM 87120
• ONFLEX agissant pour sa marque ONFLEX tous droits réservés.
• Contact : info@onflex.fr

Téléphone : +1 505-372-5122

Article 3 – Formation du contrat et commandes
3.1 Tarifs

The sales prices of the products online on the ONFLEX Website, indicated inclusive of all taxes and in euros, are those in effect at the time the order form is registered by the Buyer.
The sales prices of the products may be modified by ONFLEX at any time. This modification will be notified to the Buyer before any order. They do not include shipping costs, invoiced in addition to the price of the products purchased according to the amount and weight of the order.
The shipping costs will be indicated before the order is registered by the Buyer.

3.2 Product characteristics
In accordance with Article L. 111-1 of the Consumer Code, the Buyer may, prior to his order, take note, on the ONFLEX Website, of the essential characteristics of the product(s) he wishes to order.
The Buyer may select one or more products from the different categories offered on the ONFLEX Website. ONFLEX may modify the assortment of products offered for sale on its Website, in particular depending on the constraints related to its suppliers, without prejudice to orders placed by the Buyer.

3.3 Order
Any order implies acceptance of these general terms and conditions of sale, without prejudice to specific contractual conditions concluded between the Parties.
The Buyer has the possibility to check the details of his draft order before validating it and to correct any errors.
From the moment the Buyer confirms his order by clicking on the Validate icon, he is considered to have knowingly accepted these general terms and conditions of sale, the prices, volumes and quantities of the products offered for sale and ordered by the Buyer.
The order validated by the Buyer will be confirmed by ONFLEX. The sale will be final upon full payment by the Buyer. The order will be confirmed to the Buyer by any appropriate means (the “Order Confirmation”) and an email will be sent to the Buyer when the order is shipped.
No further changes can be made once the order has been validated and acknowledged receipt by ONFLEX. However, if an error is found in the data entered by the Buyer, the Buyer is invited to inform ONFLEX Customer Service by email at info@onflex.fr
ONFLEX recommends that the Buyer keep the information contained in the Order Confirmation sent by ONFLEX on a paper document or computer medium.

Article 4 – Payment
Payment must be made when the Buyer places the order online. At no time may the amounts paid be considered as a deposit or down payment.
All orders are payable in euros, including all taxes and mandatory contributions. To pay for their order, the Buyer has the following payment method: credit card under the conditions detailed below.

The following bank cards are accepted on the ONFLEX Website: Carte Bleue, Visa and MasterCard.
Payments made by bank card are made through the secure klarna and Paypal system (online payment tool provided by Shopify). It uses the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and no third party can read it during transport on the network.
In the event of payment by bank card, the buyer’s account will be debited on the day of their order.
Online credits are credits issued exclusively by ONFLEX and can be used by their beneficiary only on the ONFLEX Website. They are valid for one year from their issue date.
The Buyer guarantees ONFLEX that they have the necessary authorizations to use the payment method they have chosen for their order, when registering their order form.
ONFLEX reserves the right to suspend or cancel any execution of an order and/or delivery, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount that would be due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the ONFLEX Website.
The delivery of any new order may be suspended in the event of late payment or partial payment of a previous order, notwithstanding the provisions hereof.
For amounts exceeding 400 euros, ONFLEX reserves the right to request a certified photocopy of the Buyer’s identity card and/or, where applicable, bank card (front only) for any payment by bank card.
As part of the fight against Internet fraud, information relating to your order may be transmitted to any third party authorized by law or designated by ONFLEX for the sole purpose of verifying the identification of the Buyer, the validity of the order, the method of payment used and the intended delivery.
In order to ensure the security of payment by credit card, the Buyer must send ONFLEX the visual cryptogram (CVV) on the back of the credit card used by the Buyer.

Article 5 – Delivery and receipt

5.1 Delivery conditions
5.1.1 General rules
The products that are the subject of a final order by the Buyer under the conditions described in article 3.3 above will be delivered to the address indicated by the Buyer on the order form, only in mainland France (including Monaco and Corsica), in the member countries of the European Union, Switzerland, the United States and Canada, Africa, Oceania, Asia and the French overseas departments and territories.
By default, purchase invoices are sent by email to the email address indicated by the Buyer when registering on the ONFLEX Site. Failure to comply with the contractual conditions described below will result in no complaints from the Buyer being accepted.
Depending on the size of the package and the delivery location indicated by the Buyer, one or more delivery methods will be offered to the Buyer when placing the Order.
Regardless of the delivery method, the Buyer or recipient of the products ordered is invited to check the apparent condition of the products upon delivery.

5.1.2 Delivery characteristics
1 – Delivery methods
Home delivery
The package containing the ordered and paid products is deposited in the mailbox at the Delivery Address provided by the buyer.
In the event that the mailbox is not large enough, the Buyer or the recipient of the Order receives a delivery notice, allowing them to collect the package at the place indicated in this delivery notice within 10 to 14 days. .
Delivery against signature
In the event of absence, the Buyer or the recipient of the order receives a delivery notice/email/SMS notification from the delivery service, allowing them to collect the ordered products from a relay point or the nearest Post Office, indicated in the delivery notice/Email/SMS within a period of fifteen days.
Relay point
The package containing the ordered and paid products is deposited at the relay selected by the Buyer when placing the Order.
The Buyer of the Order receives an email allowing him to collect the package at the relay point during the period indicated in the email from ONFLEX or its carrier. Collection at the relay point is only possible upon presentation of the tracked email, proof of identity and a signature from the Buyer.
The signature affixed by the Buyer or the recipient of the Order on the PDA constitutes proof of delivery and receipt by the Buyer or the recipient of the order of the products ordered. No dispute relating to the delivery itself is possible, the package can only be delivered upon presentation of proof of identity.
2 – Returns in the absence of collection
Regardless of the delivery method, in the event that the package is not collected within the period indicated on the delivery notice, the package is returned to the ONFLEX logistics department. In this case, the Buyer will be reimbursed for the amount of the Order, less delivery costs, on the same means of payment as that used for the purchase, unless the Buyer expressly agrees to another means of reimbursement.
3 – Loss of parcel
In the event of loss of parcel, ONFLEX is responsible for initiating recourse against the carrier to proceed with the declaration of loss, request an investigation into the parcel and is obliged to respect the deadlines imposed by La Poste or by the carriers concerning the declaration of loss, the investigation and the reimbursement/return of the order. In fact, the Buyer is also bound by these deadlines.
The complaint file allowing an investigation to be opened generally consists of several documents (certificate of honour, personal Colissimo complaint number) which will be requested from the Buyer by ONFLEX Customer Service, during their exchanges.
The results of the investigations are given by the carriers within a period varying from 1 to 3 weeks. A refund or a new shipment of the order will be offered to the Buyer according to the conclusions of the investigation. ONFLEX will do everything possible to satisfy the Buyer and shorten the delivery times.
4 – Delivery anomaly
Any anomaly concerning the delivery (damage, damaged package, broken products, etc.) must be reported to ONFLEX Customer Service within 3 days of delivery. This process of notifying a delivery anomaly does not exclude the benefit of the legal guarantees enjoyed by the Buyer (article 13).
The Buyer or the recipient of the Order must report the absence or damage of the product to ONFLEX Customer Service at info@onflex.fr, who will remind him of the procedure to follow, as indicated below, in order to request a refund or a new shipment of the products ordered.
ONFLEX Customer Service may request any information relating to the identity of the Buyer or the recipient, the Order and the package in order to carry out any useful checks, on this occasion and in order to respond to the complaint. It is strongly recommended that the Buyer, if he notices the slightest defect during delivery, formulate reservations on the delivery note, take photos of the packaging (including labels) and the products in order to be able to provide ONFLEX with the documents necessary to examine his complaint.
ONFLEX will bear all return / reshipping costs concerning an anomaly arising before taking possession of the product and therefore the transfer of risks to the consumer.
Compensation, reimbursement or exchange of the product will be offered to the Buyer, depending on the anomaly noted.

5.2 Delivery times
For any order confirmed from Monday to Friday (excluding public holidays) before 1 p.m. on the ONFLEX website, the order will be prepared within 2 days.
After preparation, the delivery times for your order under the conditions described in article 3.3. above are as follows:
• Home delivery of 2 and 5 days in Metropolitan France, 5 to 8 days for the French overseas departments and territories and Europe, 8 to 15 days for international.
• International home delivery: 5 to 10 days depending on the destination.
• Relay point: France and international (if countries concerned): 2 and 5 days in Metropolitan France, and up to 8 days for international
In any event, the Buyer is informed that the products ordered will be delivered within a maximum of thirty days from the day following the day on which the Buyer registered his order, subject to full payment of the price.
In the event that the delivery times are exceeded by the carrier, as mentioned above and exceeding 15 days not due to a case of force majeure, ONFLEX will conduct an investigation with the carrier and will contract the Buyer to offer to cancel his order; the Buyer must formalize his choice to cancel the order by e-mail in return addressed to Customer Service.
Customs
There are no customs duties for products delivered in France or in the European Community. For other countries, customs taxes may possibly be payable. It is up to the Buyer to contact the customs services of his country to make a customs declaration if applicable. ONFLEX cannot be held responsible for any additional costs related to these customs taxes.
As a reminder, the French Overseas Territories are considered outside the European Union and are therefore subject to customs clearance.
Shipping costs
Shipping costs are charged according to the weight of the package, the country of delivery and the chosen carrier.
Free shipping
Free shipping applies to all orders over 75 euros, to mainland France and Belgium only for home delivery or to a relay point, except for commercial operations offering delivery with a lower threshold.

5.3 Transfer of risks
Delivery is deemed to have been made upon receipt of the products by the Buyer or by a person designated by the Buyer. The transfer of risks takes place at the same time.

Article 6 – Right and period of withdrawal
Legal right of withdrawal
You have the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods. In the event of an order sent in several packages, the withdrawal period for the order begins on the day following receipt of the last product of the order. To exercise your right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement in the form of your choice or by using the withdrawal form provided in the appendix to these conditions of sale (last page), or available on our website www.onflex.fr – completed by you – at the email address ONFLEX info@onflex.fr or at the following address:
STARLINK TRAD EU LLC
Attention: Returns Department
2105 VISTA OESTE ST NW STE E 1116 ALBUQUERQUE NM 87120

If you use this option, we will send you an acknowledgement of receipt of the withdrawal on a durable medium (by email) without delay.
By way of exception to the above and in accordance with Article L.221-28 of the Consumer Code, the Buyer is informed that the right of withdrawal cannot be exercised when the subject of the contract concerns the supply of goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
Effects of withdrawal
In the event of withdrawal on your part from this contract, we will reimburse all payments received from you, including the initial delivery costs (with the exception of additional costs arising from the fact that you have chosen, where applicable, a delivery method other than the less expensive Colissimo standard delivery method offered by us) upon receipt of the return of your order, following the refusal of delivery and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you expressly agree otherwise; in any event, this reimbursement will not give rise to any fees for you.
We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

The right of withdrawal creates an obligation to return the products of the order. In accordance with Article L. 121-23 of the Consumer Code, following the exercise of his right of withdrawal, the Buyer has a period of 14 (fourteen) clear days from the day of receipt of his order by himself or by the recipient of the order, to return at his expense the entirety of his order and obtain, at the Buyer’s choice, the exchange of the products, or a credit or a refund corresponding to the amount of his order. The products must imperatively be returned to ONFLEX according to the procedure described in Article 7 – below.

Article 7 – Return of products
To return all or part of an order during your withdrawal period, we recommend that you use ONFLEX directly our return portal.
ONFLEX does not accept packages sent postage due. Any risk related to the return of the product is the responsibility of the Buyer.
The return costs following the withdrawal or for errors made by the Buyer when placing his order, voluntary exchange will be borne by the Buyer.
The products must be returned only via the return portal.
Please note: no product must be returned before obtaining the agreement of our Customer Service.

The products must be returned in their original condition, protected or packaged in their original packaging. Any opened product, from which the blister/lid has been removed, will not be refunded or returned in the same condition. The Buyer may be held liable by the Company in the event of depreciation of the products resulting from handling other than that necessary to establish its nature, characteristics and good condition.

Article 8 – Retention of title
ONFLEX retains full ownership of the products sold until full payment of the full price, including principal, costs, taxes and mandatory contributions.

Article 9 – Partial invalidity
If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain their full force and scope.

Article 10 – Non-waiver
The fact that one of the parties does not assert against the other party a breach of any of the obligations referred to in these General Terms and Conditions of Sale shall not be interpreted for the future as a waiver of the obligation in question.

Article 11 – Intellectual Property
The Site as a whole, as well as the products and their packaging sold there, and each of the visual or sound elements that compose it (namely in particular the brands, logos, designs and models, illustrations, photographs, texts, animations, videograms, phonograms, software, source codes and databases) are the exclusive property of ONFLEX or the holders of the intellectual property rights concerned. All these elements are protected by copyright, trademark law, design law, patent law as well as sui generis rights.
Consequently, any reproduction, communication, downloading, modification or total or partial use of one of these elements belonging to ONFLEX or to a third party, for any reason and on any medium whatsoever, requires the express and prior authorization of ONFLEX or their owners, except when the law authorizes it. The Buyer declares and guarantees that he is informed that in the event of failure to comply with any of these obligations, he is exposed to legal proceedings before the civil and/or criminal courts.

Article 12 – “Data Protection and Liberties”
In the context of their contractual relations, ONFLEX undertakes to comply with the Data Protection Act of 6 January 1978 as amended by EU Regulation No. 2016/679 relating to the processing of personal data of individuals as well as all recommendations and guidelines issued by the competent authorities in matters of personal data protection (the “Personal Data Regulations”).
The execution of the Contract entails the processing of Personal Data by ONFLEX for the purposes of managing the contractual relationship between the Parties.
These treatments are subject to the Personal Data Regulations. ONFLEX declares that it is aware of the rights and obligations of each of the Parties, resulting from the Personal Data Regulations to the processing of Personal Data implemented within the framework of the execution of the Contract.
ONFLEX undertakes to collect, process, use and transfer Personal Data in compliance with the Personal Data Regulations and in particular to process Personal Data in a fair and legal manner in all circumstances.
ONFLEX declares that it has complied with all its legal obligations in this regard and undertakes to comply with them throughout the duration of the Contract, and in particular to make any declaration to the authorities in charge of data protection or to the persons concerned and/or obtain from said authorities and the persons concerned any necessary authorization, within the framework of the collection and processing of Personal Data for the purposes of managing the commercial relationship.

Article 13 – Legal guarantees
The Buyer benefits from legal guarantees and in particular from the two-year legal guarantee of conformity, which runs from the delivery of the goods (13.2) and the legal guarantee of hidden defects which runs for two years from the discovery of the defect (13.3), in accordance with the provisions of the Consumer Code and the Civil Code.

13.1 General provisions
The Buyer may select one or more products from the different categories offered on the ONFLEX Site
In accordance with Article L. 111-1 of the Consumer Code, the Buyer may, prior to placing an Order, find out on the ONFLEX Site the essential characteristics of the product(s) they wish to order.
Article L-111-1: “Before the consumer is bound by a contract for consideration, the professional shall provide the consumer with the following information in a legible and comprehensible manner:
1° The essential characteristics of the good or service, as well as those of the digital service or digital content, taking into account their nature and the communication medium used, and in particular the functionalities, compatibility and interoperability of the good containing digital elements, digital content or digital service, as well as the existence of any software installation restrictions;
2° The price or any other advantage provided instead of or in addition to the payment of a price pursuant to Articles L. 112-1 to L. 112-4-1;
3° In the absence of immediate execution of the contract, the date or period within which the professional undertakes to deliver the goods or perform the service;
4° Information relating to the identity of the professional, their postal, telephone and electronic contact details and their activities, insofar as they do not emerge from the context;
5° The existence and methods of implementation of legal guarantees, in particular the legal guarantee of conformity and the legal guarantee of hidden defects, and any commercial guarantees, as well as, where applicable, after-sales service and information relating to other contractual conditions;
6° The possibility of using a consumer mediator under the conditions provided for in Title I of Book VI.
The list and precise content of this information are set by decree in the Council of State. »
The products comply with current French legislation. ONFLEX cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (e.g. in the event of a product ban, etc.). It is the Buyer’s responsibility to check with the local authorities in the country of delivery of the products the possibilities of importing or using the products and services that he/she plans to order.
ONFLEX cannot guarantee that the information on the packaging of the products is translated into all languages ​​of the European Union. However, this information is available at least in French.
For any questions relating to the products and their use, any additional questions or requests for advice, the Buyer can contact the ONFLEX team at info@onflex.fr or on the “contact” section of the ONFLEX Site.

All products for sale on the Site benefit from the legal guarantee of conformity (as defined in Articles L217-3 et seq. of the French Consumer Code) and the guarantee against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), allowing the buyer to return defective or non-compliant products delivered free of charge.
The purposes, recipients, retention periods and conditions under which the Company collects and processes personal data are presented in the Site’s “Privacy Policy”, which details all the information relating to the processing of personal data as well as the rights of the persons concerned in connection with this processing.

13.2 Legal guarantee of conformity
The French Consumer Code provides the following in terms of the legal guarantee of conformity:
Article L-211-9: “In the event of a lack of conformity, the buyer chooses between a repair and the replacement of the good. »
Article L217-3: “The seller delivers goods that comply with the contract and with the criteria set out in Article L. 217-5. He is liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years of delivery. […] The seller is also liable, during the same periods, for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been placed at his expense by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller. This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer’s action is the day on which the latter becomes aware of the lack of conformity. »

Article L217-4: “The good is in conformity with the contract if it meets, in particular, where applicable, the following criteria: 1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract; 2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted; 3° It is delivered with all accessories and installation instructions, which must be provided in accordance with the contract; 4° It is updated in accordance with the contract. »
Article L217-5: “I.-In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria: 1° It is suitable for the use usually expected of a good of the same type, taking into account, where applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned; 2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract; 3° Where applicable, the digital elements it contains are provided according to the most recent version that is available at the time of conclusion of the contract, unless the parties agree otherwise; 4° Where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect; 5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19; 6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the goods as well as to the public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labelling. II.-However, the seller is not bound by any public statements referred to in the preceding paragraph if he demonstrates: 1° That he did not know them and was legitimately unable to know them; 2° That at the time of the conclusion of the contract, the public statements had been rectified under conditions comparable to the initial statements; or 3° That the public statements could not have had an influence on the purchasing decision. III.-The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he was specifically informed that they deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when concluding the contract. »
Article L217-7: “Lack of conformity that appears within twenty-four months of delivery of the goods, including goods containing digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect claimed. […].”
Article L217-8: “In the event of a lack of conformity, the consumer is entitled to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or to termination of the contract, under the conditions set out in this subsection. The consumer also has the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the seller has fulfilled his obligations under this chapter, under the conditions of Articles 1219 and 1220 of the Civil Code. The provisions of this chapter are without prejudice to the award of damages. »
Article L217-9: “The consumer is entitled to demand that the good be brought into conformity with the criteria set out in subsection 1 of this section. The consumer requests that the seller bring the good into conformity, choosing between repair and replacement. To this end, the consumer makes the good available to the seller.”
Article L217-10: “The good is brought into conformity within a reasonable period of time which may not exceed thirty days following the consumer’s request and without major inconvenience to him, taking into account the nature of the good and the use sought by the consumer. The repair or replacement of the non-compliant good includes, where applicable, the removal and recovery of this good and the installation of the repaired good or the replacement good by the seller. A decree specifies the terms and conditions for bringing the good into conformity.”
Article L217-11: “The good is brought into conformity at no cost to the consumer. The consumer is not required to pay for the normal use he made of the replaced good during the period prior to its replacement. »
Article L217-12: « The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs in particular with regard to: 1° The value that the good would have had in the absence of a lack of conformity; 2° The significance of the lack of conformity; and 3° The possible possibility of opting for the other choice without major inconvenience for the consumer. The seller may refuse to bring the good into conformity if this is impossible or entails disproportionate costs in particular with regard to 1° and 2°. When these conditions are not met, the consumer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code. Any refusal by the seller to proceed according to the consumer’s choice or to bring the goods into conformity, is justified in writing or on a durable medium.”
Article L217-13: “Any good repaired under the legal guarantee of conformity benefits from a six-month extension of this guarantee. As soon as the consumer chooses the repair but this is not implemented by the seller, bringing the goods into conformity by replacing the goods starts, for the benefit of the consumer, a new period of legal guarantee of conformity attached to the replaced goods. This provision applies from the day the replacement goods are delivered to the consumer.”
Article L217-14: “The consumer is entitled to a reduction in the price of the goods or to the termination of the contract in the following cases: 1° When the professional refuses any compliance; 2° When compliance occurs beyond a period of thirty days following the consumer’s request or if it causes him major inconvenience; 3° If the consumer definitively bears the costs of taking back or removing the non-compliant good, or if he bears the installation of the repaired or replacement good or the costs relating thereto; 4° When the non-conformity of the good persists despite the seller’s unsuccessful attempt to bring it into conformity. The consumer is also entitled to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies that the reduction in the price or the termination of the contract be immediate. The consumer is then not required to request the repair or replacement of the good in advance. The consumer is not entitled to the termination of the sale if the lack of conformity is minor, which it is the seller’s responsibility to demonstrate. This paragraph does not apply to contracts in which the consumer does not pay a price. »
Article L217-15: “In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to obtain a reduction in the price of the good. The price reduction is proportional to the difference between the value of the good delivered and the value of this good in the absence of the lack of conformity.”
Article L217-16: “In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to terminate the contract. He returns the goods to the seller at the latter’s expense. The seller reimburses the consumer for the price paid and returns any other benefit received under the contract. If the lack of conformity only concerns certain goods delivered under the sales contract, the consumer has the right to terminate the contract for all the goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only the compliant goods. For contracts referred to in II of Article L. 217-1, providing for the sale of goods and, as an accessory, the provision of services not covered by this chapter, the consumer has the right to terminate the entire contract. In addition, in the case of a bundled offer within the meaning of Article L. 224-42-2, the consumer has the right to terminate all contracts relating thereto. The respective obligations of the parties to the contract, referred to in Article L. 224-25-22 and relating to the consequences of termination for digital content and digital services, are applicable to the termination of the contract for the sale of goods containing digital elements. »
Article L217-17: « Reimbursement to the consumer of the sums owed by the seller under this subsection shall be made upon receipt of the goods or proof of their return by the consumer and no later than fourteen days thereafter. The seller reimburses these amounts using the same means of payment as that used by the 

consumer when concluding the contract, unless expressly agreed by the latter and in any event without additional costs.”

13.3 Warranty against hidden defects
The French Civil Code provides the following in terms of warranty against hidden defects:
Article 1641 of the Civil Code: “The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.”
Article 1644 of the Civil Code: “In the case of Articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or of keeping the thing and having part of the price refunded. »
Article 1645 of the Civil Code: “If the seller was aware of the defects in the item, he is liable, in addition to the restitution of the price he received for it, for all damages and interest to the buyer.”
Article 1646 of the Civil Code: “If the seller was unaware of the defects in the item, he will only be liable for the restitution of the price, and to reimburse the buyer for the costs incurred by the sale.”
Article 1648 of the Civil Code: “The action resulting from latent defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from the apparent defects or lack of conformity. »

13.4 Exclusion of warranties
Products modified, repaired, integrated or added by the Buyer are excluded from the warranty. The warranty will not apply to visible defects. The warranty will not cover products damaged during transport or due to improper use.

13.5 Terms of implementation of legal warranties
When acting under the legal guarantee of conformity, the Buyer:
• benefits from a period of two years from the delivery of the goods to act;
• may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
• is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
For any request concerning legal guarantees, the Buyer must then contact Customer Service via the “Contact Us” section of the Site during the service opening hours indicated in the “Contact Us” section of the Site.
These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

13.6 Consequences of the implementation of guarantees
Within the framework of the legal guarantee of conformity, ONFLEX undertakes at the Buyer’s choice:
• either to replace the product with an identical product depending on available stocks,
• or to reimburse the price of the product if the replacement of a product proves impossible.
As part of the legal guarantee against hidden defects, ONFLEX, at the Buyer’s discretion, undertakes, after assessing the defect:
• either to reimburse the Buyer for the full price of the returned product,
• or to reimburse part of the price of the product if the Buyer decides to keep the product.

Article 14 – Termination of the contract
In the event of a Party failing to meet its obligations under these General Terms and Conditions, the other Party may terminate the contract by operation of law, 15 days after sending a formal notice by registered letter with acknowledgement of receipt that has remained without effect pursuant to Article 1225 of the Civil Code requiring that Party to meet its obligation within a reasonable period of time. The formal notice expressly mentions the termination clause.
Notwithstanding the foregoing provisions, the Parties may unilaterally terminate the contract in the event of a serious breach by the other Party of one of its obligations pursuant to Article 1226 of the Civil Code.

Article 16 – Applicable law and jurisdiction
Orders are subject to American law regardless of the Buyer’s country of residence and the place where the Order is placed. However, the Buyer may benefit from any more protective legal provisions existing in the law of the country where he has his habitual residence.

Appendix 1 – Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract. We advise you to also specify your email address and order number)
Attention: ONFLEX, 2105 VISTA OESTE ST NW STE E 1116 ALBUQUERQUE NM 87120
E-mail: info@ onflex.fr
I hereby notify you of my withdrawal from the contract for the sale of the goods below:
• Ordered on [……………..] (*) received on [……………..] (*)
• Name of consumer(s):
• Address of consumer(s):
• Signature of consumer(s)
• Date:
(*) Delete as appropriate