TERMS AND CONDITIONS
Terms and conditions
1. Application of general terms and conditions.
1.1 These terms and conditions are applicable in the event that we provide you with products.
1.2 These general terms and conditions are applicable to all orders or actions made in our online store on the website www.flyflex.al by you as a customer.
1.3 You must read our general terms and conditions carefully before taking action or placing an order. These general terms and conditions tell you how we will supply you with the product(s), how you or we can change or end the contract, what to do if we find problems with the order, and other important information.
2.How is the contract constructed?
2.1 Our product offers on the website constitute an invitation to deal with an advertisement. This means it is not a binding offer to sell. You can submit your offer to purchase products through our online ordering system.
2.2 When you want to buy products through our website, the products you intend to buy are placed in the virtual "basket". You can access and view the contents of the virtual "basket" at any time, in any web interface, and you can make changes to the existing virtual "basket". Once you have decided to buy the product(s) in the basket, you can enter your details, set the payment method and location details along with the delivery conditions. Before the purchase, you are offered the opportunity to check, change, or even cancel the purchase entirely. By clicking "buy now" you are offered to purchase the product/products from us.
2.3 You can return to the website before placing the order, by clicking on the "back" button of your browser, after checking your information and/or closing the browser to cancel the order process.
2.4 Acceptance of your order will be made through a recorded confirmation call or a confirmation SMS from you. This is considered a contractual action.
2.5 If we are unable to accept your order, we will inform you of this fact and you have no payment obligation. It is possible not to accept the order in cases where we are out of stock of the goods in question due to unexpected limitations of our resources, which cannot be foreseen because we have verified a problem in the specified price or description. If you would like to place a bulk order, please confirm availability before placing the order.
2.6 It is always possible that, despite our best efforts, some of the products we sell may be mispriced. We will normally check prices before we accept your order so that, where the correct price of the product(s) at the date of your order is lower than our stated price at the date of your order, we will charge the lowest amount. If the correct price of the product(s) on your date is higher than the price stated to you, we will contact you for your instructions before accepting your order. If we accept and process your order where a pricing error is clear and unmistakable and could reasonably have been recognized by you as an incorrect price, we may end the contract, refund the amounts you have paid and to request the return of the goods that were given to you (if they were given to you).
3. Prices and shipping costs.
3.1 Prices include VAT (if applicable). The prices stated on the order page when you placed your order are the final prices. They include all price components, including all applicable taxes. Only in the case of cross-border delivery, additional taxes and/or duties may be requested from the buyer for payment, to the responsible customs and tax authorities.
3.2 You bear no responsibility for shipping costs.
4.1 We will deliver the product(s) within a reasonable time having regard to the place of delivery.
4.2 We are not responsible for delays beyond our control. If the supply of the product(s) is delayed by an event outside our control, we will contact you as soon as possible to let you know. We will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of significant delay, you may contact us to terminate the contract and obtain a refund for any product(s) that you have paid but it is not received.
4.3 In case of unavailability of the goods, a possible advance payment will be refunded without delay.
4.4 The Product(s) will be your responsibility from the time we deliver the products to the delivery address provided to us.
4.5 If you are not at the delivery address or if no one is available to take delivery, we will leave you a note informing you how to re-arrange delivery or collect the product(s) from a local warehouse.
4.6 If you do not collect the products from us as arranged, or if, after failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot, we will contact you for further instructions and may We charge you for storage costs and any further delivery costs. If, despite our reasonable endeavours, we are unable to contact you to re-arrange delivery or collection, we may terminate the contract and claim for any loss caused by your refusal to take delivery. If you do not agree, we reserve the right to sell the goods to a third party or hold you liable for any loss.
5. Delivery Area
Unfortunately, we do not accept orders from or ship to addresses outside the Republic of Albania.
6. Our Product(s).
The product(s) may vary slightly from their pictures. Images of the product(s) on our website are for illustrative purposes only.
7. Reservation of ownership title
7.1 We retain ownership of the item purchased until the invoice has been paid in full by you.
7.2 If you are in arrears with any payment obligation, all outstanding amounts are immediately due.
8. Your rights to terminate the contract.
8.1 Your rights when you end the contract will depend on whether there is a problem with the product(s), how we performed the contract and when you decide to end the contract.
8.2 You have a legal right under the Consumer Contracts Regulations 2013 to change your mind and cancel this contract within a period of 14 days after delivery of the product(s) without giving any reason. In this case you are obliged to pay the cost of transport which costs:
a). 2000 All in Tirana, Durrës and Kavajë;
b). 4000 All in other cities of Albania.
8.3 To exercise your right of cancellation mentioned in point 8.1, you must inform us via an email to firstname.lastname@example.org. You may use the sample revocation form in clause 8.5 to provide your cancellation statement, but this is not required and any form of clear cancellation notice will be accepted. Notice of your exercise of the right of cancellation must be sent to us before the end of the 14 day cancellation period.
8.4 Effects of Cancellation.
If you cancel this contract, we will refund all payments received from you, including delivery costs (except for additional costs incurred if you have chosen a delivery type other than the least expensive standard delivery type offered by us). We may make a deduction from the refund for the loss in value of any goods supplied if the loss is the result of unnecessary handling by you. We will make the refund without undue delay, and no later than:
(a) 14 days after the day on which we receive back from you any goods supplied;
(b) (if earlier) 14 days after the day on which you provide evidence that you have returned the goods;
(c) if there have been no goods supplied, 14 days after the day on which we are informed of your decision to cancel this contract. We will make the refund using the same means of payment that you used for the original transaction unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the refund.
8.5 Sample Cancellation Form.
(If you want to cancel the contract, please fill out this form and return it.) To Fly Flex E-Mail: email@example.com. I / We (*) give notice that I / we cancel my / our (*) contract related to the sale of the following goods (*) / for the supply of the following service (*): Ordered on (*) / accepted on ( *) Name of the consumer(s) Address of the consumer(s) Address of the consumer(s) Signature of the consumer(s) (only if this form is notified on paper) Date (*) Delete as appropriate
9. Language of the contract, preservation of the text of the contract.
This contract is offered exclusively in Albanian. The text of the contract (order details and general terms and conditions) is stored and stored by us. The save is, however, only temporary and is not accessible to you. If you wish to submit and save these terms and conditions, you will need to do so separately.
10. Choice of Law and Place to Commence Legal Proceedings.
These terms are governed by Albanian law and you may bring legal proceedings in relation to the product(s) in the Albanian courts.
11. Limitation of Liability.
11.1 Fly Flex shall not be liable for direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profit, goodwill, use, damage to property , data or other intangible losses (even if Fly Flex has been advised of the possibility of such damages).
11.2 We do not exclude or limit our liability to you in any way. This includes liability for personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or misrepresentation; for violating your legal rights in relation to the product(s).
11.3 We are not responsible for business losses.
We only supply the product(s) for domestic and private use. If you use the product(s) for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
11.4 We will not be liable for any failure to perform, or delay in performing, any of our obligations that is caused by events beyond our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-occurrence, accident of omission or Act of God beyond our reasonable control. Our performance of the Services is deemed suspended for the period that the Force Majeure Event continues and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to an end or to find a solution by which our obligations under the Terms can be performed regardless of the Force Majeure Event.
12. Payment and Delivery Terms.
12.1 You agree that you will receive invoices and credit notes exclusively in electronic form.
12.2 Only orders that have a minimum value of 5,000 ALL (after discounts have been applied) will be eligible for our 0% financing option.
12.3 We offer the following payment methods:
Installments with Iute Credit or Cash on Delivery. For any order we reserve the right not to offer certain payment methods based on the delivery address, a deviation from the shipping and billing address, the value of the goods in the order or due to other objective criteria. We reserve the right to refer to other payment methods for each order.
12.4 Customers are required to check the goods immediately for completeness, visible defects and transport damage and to report complaints to the seller and carrier as soon as possible. Your warranty claims remain unaffected.
13.1 General Information
13.2 The right to access, modify, and delete personal data
Our customers have the right to access, correct, and delete personal data, as well as object to the processing of this data, by sending us a written request at any time. Fly Flex makes every effort to establish preventive measures to protect the security and privacy of personal data and to prevent unauthorized access, alteration, corruption, or destruction. However, Fly Flex does not control every risk associated by using the Internet, and for this reason, it warns users of the possible risks involved in the functioning of the Internet. The website may include links to other websites or external resources. Fly Flex cannot be responsible for the appearance of these external pages and resources. Fly Flex also cannot be responsible for the content, advertising, products, services, or any other material available from these pages.
13.3 Managing personal data
You can view or edit your personal data online in many of our services. You can also decide about collection of your data. How you can access or control your personal data depends on the services you use. You can choose whether to receive promotional communications from our website via email, SMS, or phone. You can also choose to receive emails, phone calls, and mail through visits and subscribing to the Fly Flex Communication Manager, which allows you to update your contact information, manage contact preferences, out of email subscriptions, and choose whether you want to share your contact information with our partners. These choices do not apply to mandatory service communications that are part of certain website services.
13.4 The information we collect
Fly Flex collects data to operate effectively and provide you with the best experiences with our services. You provide some of this data, such as when you create a personal account. We receive a portion of this data by recording how you interact with our services. We also obtain data from third parties (including other companies). For example, we supplement the data we collect by purchasing demographic data from other companies. We also use services from other companies to help us determine a location based on your IP address to personalize some services in your location. The data we collect depends on the services and features.
13.5 How we use this information?
Our website uses the data we collect for three primary purposes: to operate our business and ensure the accuracy of the services we offer, to have communication channels with you, including promotional communications, and to display advertisements. To accomplish these purposes, we combine the data we collect to provide you with a seamless, consistent, and personalized experience. However, to increase privacy, we have built technological and procedural protective measures designed to prevent certain data combinations. For example, we store data we collect from you when you are not logged in, such as your name, email address, or phone number.
13.6 Sharing of information
We share your personal data with your consent or as a necessary to complete a transaction or to provide a service you have requested or authorized. For example, we share your content with third parties when you allow us to do it. When you provide your data for payment processing, we will share payment data with banks and other entities that process payment transactions or provide other financial services, as well as for fraud prevention and reducing credit risk. We also share your personal data with professionals who work on our behalf for the purposes described in this statement. For example, companies/physical therapists that provide our customer service or assist in the protection and security of our services may need to access personal data to provide those functions. In such cases, these companies must adhere to privacy and security requirements and are not allowed to use the personal data they receive from us for any other purpose. We may also disclose your personal data as part of a corporate transaction such as a merger or asset sale.
14. Transfer of Risk
The risk of accidental loss and accidental deterioration of purchased goods shall pass to you when you are not a consumer, once we have delivered the goods to the freight forwarder, or other person or institution otherwise responsible for delivery.
15. Extended retention of title.
We retain ownership of goods where you are not a consumer until full resolution of all claims arising from the current business relationship. The corresponding security rights are transferable to third parties. Before the transfer of ownership of the reserved goods, the buyer does not have the right to pledge the goods or deliver them for security.
16. Customer Service.
Our customer service is available Monday to Saturday from 9am to 6pm. If you have a question or complaint, please send an email to: firstname.lastname@example.org
Other important terms
16.1 If a court finds any part of this contract illegal, the rest will continue in force. Each paragraph of these terms operates separately.
16.2 No one else has any rights under this contract. This contract is between you and us. No other person shall have any right to enforce any of its terms.
16.3 If we do not promptly insist that you do anything you are required to do under these terms, or if we delay in taking steps against you in relation to your breach of this contract, this does not mean that you do not have to do those things and this does not it will stop us taking steps against you at a later date.
17. 10-year warranty
This warranty is applicable to Fly Flex mattresses that have been purchased at ëëë.flyflex.al or through one of our licensed partners and with delivery to an address in Albania. In order to be eligible for a refund or exchange, the mattress must be handled with due care and in accordance with our advice.
17.1 We guarantee our new mattress purchases against manufacturing defects for a period of 10 years from the date of delivery.
17.2 Our 10-year guarantee covers your mattress against the following faults:
17.2.a Any type of spring malfunction with our Elite mattress or any displacement of the spring layer.
17.2.b Any permanent subsidence or subsidence that occurs within your mattress despite correct use. The dent must be larger than 2.5 cm and visible to the naked eye. This does not include the standard cushioning of the mattress after extensive use and is only considered faulty if a permanent cut is visible.
17.2.c Any cracks or holes in your mattress. These must be reported within the first 6 months of receiving your mattress to be identified as a manufacturing defect and the onus is on the buyer to check the product. After this point, we are unable to identify whether this was a manufacturing fault or created through improper use, which will void the 10-year warranty for this type of damage.
17.2.d Mattress that does not inflate to the correct size once removed from its vacuum packaging. We work to the industry standard of a 2cm gap across the length, width and depth of the mattress. If the mattress has had a reasonable amount of time to inflate (two weeks) and is not within these dimensions, you will be eligible for a mattress exchange.
17.2.e Damage to the cover, including damaged zipper or faulty stitching resulting from improper manufacturing. If only the cover is damaged, we reserve the right to send you a brand new replacement cover, rather than exchange the mattress core that remains undamaged. The warranty does not extend to the general wear and tear of the cover during the period of use.
17.3 If your mattress develops any of the defects described above within its 10-year warranty, we require photographic evidence describing the defect in question. This should be sent to our customer service department who will be able to assist in how the fault can be demonstrated through photographic evidence. If there is insufficient evidence that any of the above criteria are met, we will not be able to offer an exchange of the mattress in question.
17.4 In the event that the mattress is found to be faulty, a replacement mattress will be sent to you in accordance with the current delivery time frames. The wrong mattress will also be taken from you for free.
17.5 Replacing a defective mattress does not reset your warranty period and the 10 year warranty will cover from the original date of purchase. For example, if the mattress should develop a defect after 5 years of use, the new mattress will be covered for the remaining 5 years of your 10-year warranty.
17.6 If the mattress develops a defect within the warranty, we will exchange the mattress and a refund will not be possible. However, if you go through this process 3 times, with two exchanged mattresses that also develop defects within the 10-year period, then you will be entitled to a full refund of the purchase price.
17.7 Other warranty conditions reflect those of a new mattress.
17.8 Any mattress purchased through an approved retailer will be valid under our 10 year warranty on the same terms as above.
17.9 This warranty is only available to you, the original purchaser of the mattress, and is not transferable to any other person. If you purchased the mattress through an unofficial source, we will not be able to assist with any warranty concerns and recommend that you contact the seller for further assistance. Our mattresses are officially sold through our web domain.
17.10 We will need your order details in order to check the legitimacy of the order and process the exchange accordingly. Failure to provide any relevant details, combined with failure to locate the order in our system, will result in the assumption that it was brought by an unverified third party and as such we are not responsible for exchanging the item.
17.11 The warranty does not cover or extend to:
Normal wear or any condition resulting from misuse or abuse of the product. Standard mattress foam softening resulting from regular use. Damage caused by mold, odor, discoloration caused by abnormal care such as spillage, improper ventilation, or excessive moisture. Mattresses that are damaged or soiled due to improper use. Mattresses that have been transported outside the Republic of Albania.
18. Terms for the Thank You System
18.1 In order to qualify for the Thank You System program, you must be a Fly Flex customer with a customer account.
18.2 The code is only valid for purchases made at www.flyflex.al
18.3 The minimum expenditure is 24,000 ALL for both the referrer and the referred persons. The code can be used on the entire range of Fly Flex mattresses. This code cannot be used in conjunction with discounts that offer more than 30% off.
18.4 We reserve the right to make the voucher void if it becomes public on the internet or appears on any search engine.
18.5 Referrer and referee cannot be the same person. People living in the same house cannot be referred, nor can family members.
18.6 Customers are prohibited from using false or multiple email addresses or customer accounts and may not use fictitious identities to participate in the Thank You System program.
18.7 We reserve the right to exclude customers from participating in this promotion if they do not meet the necessary requirements or otherwise breach the rules.
18.8 We also reserve the right to cancel the Thank You System program without further notice.
18.9 For further questions about the Refer-A-Friend program please contact our customer service by sending an email to email@example.com