Terms & Conditions
This contract (hereafter the Contract) describes the conditions of use of Flayr developed by BAZANDO SAS with nominal capital of 77.546 €, registered with the Company Trade register of Caen (France) (Flayr hereafter called We, The service).
This Contract defines the conditions of your registration and your use of the Flayr service (such as defined below).
- 1. DEFINITIONS
- 2. ACCEPTANCE OF THE PURPOSE
- 3. THE Flayr SERVICE
- 4. REGISTRATION AND USE OF THE SERVICE
- 5. OBTAINING AND PAYMENT OF THE CASH-BACK
- 6. LIABILITY OF Flayr
- 7. PROTECTION OF YOUR PERSONAL DATA
- 8. SERVICE CHANGE OR CHANGE IN THE TERMS AND CONDITIONS
- 9. APPLICABLE LAW
Within these conditions, the following terms or expressions are used with the meaning given below:
- Flayr: refers to the website www.flayr.com developed by BAZANDO SAS, and accessible at URL www.flayr.com
- Member: indicates any person who has opened an account on Flayr, having or not carried out an online purchase on one of the merchant partners of Flayr.
- Merchant partners: are the merchants that are available through our service and eligible for cashback and promotions through Flayr.
- Active member: member who carried out a purchase over the last 365 days.
- Ambassador: member who has invited another person to join the Flayr service
- Guest: member who has been invited by another member to register to the Flayr service
- Active Guest: guest who has spent more than $100 via the Flayr service (excluding VAT and shipping on their purchases).
2. ACCEPTANCE OF THE PURPOSE
At the time of your registration to the service, the member fully admits having consulted, having understood and accepted all information and conditions of this contract by checking the box indicating the sentence "I read, understood and I accept the terms and conditions of the Flayr service" located at the bottom of the registration form to validate it. Without accepting the terms and conditions, it is not possible for anyone to use the services offered by Flayr. These Terms and conditions will prevail on all other conditions appearing in any other document, except preliminary, express and written exemption.Top of page
3. THE Flayr SERVICE
3.1 Access to the service
The Flayr service is open to any legal entity or natural person, over 18 years old. The inscription is done through the website www.flayr.com.Top of page
3.2 Service purpose
Flayr is a free web-based service that provides its members with rebates on their online purchases. The rebates are given through cashback. The amount of rebates varies from one shop to another. Rebates can be a fixed amount which depends on the type of purchase and on the shop where members buy or a percentage of the total amount of your purchase without tax and shipping fees. The member receives additional cashback if he/she has invited people to join Flayr .Top of page
3.3 Rebates offered
3.3.1 : Individual rebates
A member earns individual cashback with each online purchase done with merchant partners of Flayr . This cashback is credited on the members Flayr account.
Amounts of individual cashback for each shop are indicated on the Flayr website. It is the rate available at the time of the purchase which will be the one applied to determine the cashback earned by the member.Top of page
3.3.3 : Benefits of the Ambassador program
Any Member can invite people to join the Flayr service. If an invited person accepts that invitation and successfully becomes a member of the Flayr service then the inviter becomes thus automatically a member of the program of sponsorship called Ambassador Program Flayr.
The account of the Ambassador Member will then be automatically credited with the bonus offer whose specific conditions are indicated in the heading Ambassador program on the www.flayr.com website.
When a member invites a person to join the Flayr service using the invitation form in his/her account, the Member is the only person responsible in all aspects of any consequences related to the sharing of the person´s personal data.Top of page
3.3.3 : Modification of the rebates provided
Flayr may modify the principle and the amount of cashback provided to individual members and ambassadors at any time.
The amount of cashback given to any member for his/her individual purchases are viewable on the www.flayr.com website under the heading My Account.Top of page
4. REGISTRATION AND USE OF THE SERVICE
4.1 : Registration Validity
Registration to Flayr is open and free of charge to any person older than 18 years old. The member must fill all the mandatory fields of the registration form in order to validate his/her registration.Top of page
4.2 : Account uniqueness
One and only one account per person is allowed. In case of fraud Flayr reserves the right to delete the concerned accountsTop of page
4.3 : Flayr login
During the registration process, the member is invited to choose a personal login as well as a password which will be used to identify himself/herself to use the various services of Flayr. The login is unique. Therefore, if the login chosen by the member is not available, the member has to choose a new one. If the member is free to choose his login, Flayr reserves the right to refuse any login with any racist, xenophobe, defamatory, abusive connotation.Top of page
5. OBTAINING AND PAYMENT OF THE CASH-BACK
5.1 : Obtaining cashback
To earn cashback on his purchases, the Member must obligatorily respect the following steps:
- 1.Log in to www.flayr.com
- 2.Browse the categories of shops to find the store where he/she wants to shop, and then clicks on the provided link
Flayr will then receive the confirmation of the members order and process his/her rebates. The member will then receive the order confirmation email sent by the online merchant directly to his/her personal email address specified in his Flayr account.Top of page
5.2 : Account credit and rebate validation
When the Member has followed the procedure stated in the article 5.1, the cashback is credited to the member account within 5 working days.
The member's rebate/cashback is processed once the online merchant has confirmed payment, product delivery and no-item-return and once the online merchant has paid Flayr for the corresponding commission. If the member returns one item from an order of several items, his/her rebate will be recalculated to exclude the returned item. If the member has ordered only one item and has decided to return it, no rebate will be received. This confirmation can take up to 8 weeks after the return policy deadline of the specific merchant. If the online merchant can not confirm or pay the commission to Flayr , the associated rebates stay pending.Top of page
5.3 : Payment of the cashback
A purchase done respecting the steps underlined in the article 5.1 is considered as qualifying for the minimum amount of payment except if the opposite is mentioned. During exceptional promotions, a part of the cashback earned can thus be considered as not qualifying for the threshold of payment. The member will be specifically notified for such purchases.
The member will receive his/her money when his/her Flayr account accumulates $15 in rebates from his/her own qualifying purchases. The amount will be paid via Paypal. During exceptional operations, this minimum amount may be modified.
The various methods of payment available are indicated on the member´s Flayr account.
Payments will be processed within 30 working day following member's request.Top of page
6. LIABILITY OF Flayr
6.1 Availability of the service
Flayr endeavors to make its service available 7 days a week and 24 hours a day. However, Flayr may temporarily stop the service for maintenance or any other reason. Flayr may not be held responsible for this and will as far as possible endeavor to inform its Members before any update or maintenance action.
In the same way, Flayr can not be held responsible for a partial or total failure, for access problems to Flayr due to the failure of the member´s Internet service provider, neither for the congestion of the Internet network or for all other external reasons to Flayr.
Flayr can not be held responsible for the loss of emails. The Member must ensure that his email address is valid.Top of page
6.2 Membership cancellation
Flayr reserves the right to cancel the membership if the member does not comply with the rules of correct use of the service or harm the service. His/her account will then be closed.Top of page
6.3 Relations with the merchants associated with Flayr
Flayr just acts as an intermediary service that provides its members with the best products available from most popular brands and designers.
Flayr does not interfere with the customer service of online merchants. Flayr could not be held responsible or liable for any commercial dispute between a Member and a merchant related to a purchase carried out via our service.Top of page
7. PROTECTION OF YOUR PERSONAL DATA
Flayr endeavors to protect your personal data to the maximum. The Member can read the Privacy Statement available on the www.flayr.com website.Top of page
8. SERVICE CHANGE OR CHANGE IN THE TERMS AND CONDITIONS
Flayr reserves the right to modify or update constantly the pages of www.flayr.com, the services offered, or the terms and conditions applicable. Members are thus invited and suggested to read the most recent version of terms and conditions on the www.flayr.com website each time they use Flayr. Notification of any modification will be notified by email to the email address specified in his Flayr account.Top of page
9. APPLICABLE LAW
The Flayr Terms and Conditions are subjected to, interpreted and applied in accordance with, the French law. All disputes will be the competence of the court of Paris, France, whatever the residence of the defendant may be.Top of page