Version dated February 10, 2024
These General Terms and Conditions of Sale (hereafter "T&Cs") exclusively govern the contractual relationship between FLAG & KO, a simplified joint-stock company registered with the Paris Trade and Companies Register under number 851 395 335, with its registered office at 229 Rue Saint-Honoré, 75001 PARIS, and Eric Flag SARL, a foreign limited liability company registered with the Swiss Commercial Register under number CHE-474.259.231, with its registered office at route de Cossonay 59, 1008 Prilly, Switzerland (hereafter collectively referred to as "FLAG & KO"), and their consumer customers (hereafter "the Buyer").
They take precedence over any general terms and conditions of purchase of the Buyer and, more generally, over any document issued by the Buyer.
Online sales of Products presented on the Site are open to Buyers wishing to have them delivered worldwide.
When you confirm your order on our website, you'll be asked to agree to these Terms and Conditions by checking the box that says "I have read and accept the General Terms and Conditions of Sale". If you don't agree to and fully accept all the provisions of these Terms and Conditions, you won't be able to place an order.
When you place an order, it's assumed you're not doing it for business, industrial, craft, professional, or agricultural reasons.
Buyer: refers to any individual who's buying for personal use (not for business, industrial, craft, professional, or agricultural activities), or any company not acting for professional reasons, who has created an Account and agreed to these Terms and Conditions.
Account: This is the account you create on the FLAG & KO website.
Personal Data: This means any info about a person that can directly or indirectly identify them.
Product: This refers to all the products FLAG & KO offers for sale.
Site:designates the Internet site on which the Products of FLAG & KO are sold, available at https://www.ericflag.com
Customer Service: This is the service you can reach through the "Contact" tab on our website or by emailing us at sav@ericflag.com.
User: Anyone who uses our website, whether they're a Buyer or not.
2. PURPOSE
These Terms and Conditions are here to lay out the rights and responsibilities for both you (the Buyer) and FLAG & KO when you buy products from us.
You'll get these Terms when you confirm your order, and anyone can check them out on our website.
They become active as soon as they're live on the website and are binding for you once you accept them.
These Terms are more important than any other document, unless we've specifically agreed otherwise in writing.
FLAG & KO might update these Terms from time to time. We'll always put the latest version on our website for you. It's your job to check and accept them before you place any order.
FLAG & KO will always have the latest Terms available on the website, and we can send you a copy if you ask for it.
3. CUSTOMER ACCOUNT
If you want to place an order on our website, you can create an Account, but you don't have to.
To set up an Account on our website, you'll need to give us some info (like your title, first name, last name, email, etc.) and pick a password.
FLAG & KO will send you an email confirmation with your login (which is your email address) and your secret password.
Your password is super private and personal, so never share it with anyone else. You're fully responsible for how it's used.
Anything done or ordered using your password will be considered as done by you. If you lose your password, let FLAG & KO know right away and follow the password change steps on our website.
4. ORDER
4.1 Placing Your Order
You need to place all orders through our website.
To place an order on the site, just add the products you want to your shopping cart.
When you click on the 'YOUR CART' icon, a summary of your order and the price of the product(s) you want will appear on the screen. You can then modify or confirm your order.
The price you see is the current product price on the day you order. This price includes the applicable value-added tax (VAT) for that day. It doesn't include any delivery fees, which are extra and will be shown to you before you confirm your order, as explained further down.
To finish up your order, just click the 'ORDER' icon.
If you haven't already, you'll be asked to log in or create an account.
You can also choose to order as a guest without creating an account. Just fill in the delivery form with your details: first name, last name, delivery address, city, postal code, and country.
Either way, you'll need to give us your delivery address and, if it's different, your billing address.
You can get an estimate for shipping costs by choosing the country and postal code where you want your order delivered. This will also show you all the delivery info.
Based on the country and postal code you provide, we'll show you a few delivery options.
Then, you'll pick your favorite delivery method, and the final price (with shipping included) will pop up on your screen.
After that, you'll choose how you want to pay, and a summary of your order will show up.
You'll then be prompted to check out our General Terms and Conditions (GTC) and agree to them by ticking the box that says 'I have read and accept the General Terms and Conditions of Sale'.
You can only confirm your order after you've accepted these GTC.
Next, you'll pay for your order and then click the confirmation icon to complete it.
That 'confirmation click' is like your electronic signature.
This electronic signature holds the same weight as a handwritten one between us.
Each confirmation click means you're making an irrevocable commitment that can't be questioned.
As soon as your order is complete, FLAG & KO will email you a summary to the address you gave us when you created your account or placed the order.
This email is your official receipt from FLAG & KO and kicks off the timelines mentioned on our site.
You can change your order before it ships, up to twenty-four (24) hours after you've placed it. Just send an email to sav@ericflag.com or reach out to Customer Service using the 'Contact' tab on our site.
FLAG & KO will then send you an email to confirm your order changes.
Got a question about your order? Just email our Customer Service at sav@ericflag.com or use the 'Contact' tab on our site.
4.2 Order Refusal
FLAG & KO can refuse any order if:
5. PRODUCTS
5.1 Product Information
We do our best to make sure all the info on our electronic stuff (like the website, newsletters, digital docs, interactive catalogs, product sheets, instructions, and ads) is super accurate. But just a heads-up, it's all for general guidance and can change anytime without notice.
The product photos on our site are just for illustration and aren't part of any contract. So, FLAG & KO can't be held responsible if there are any errors or changes that happen because of how these photos were processed.
5.2 Product Availability
Products on our site are available only while supplies last.
If a product you ordered isn't available, FLAG & KO will let you know ASAP and tell you when we expect it to be back in stock.
You'll then have the option to cancel your order for that unavailable product and get a refund for what you paid. This refund will be processed within thirty (30) days of your payment.
FLAG & KO will handle the cancellation and any refund for that specific product. The rest of your order will still be confirmed and final.
6. PRICES AND BILLING
The prices you see on our site are in euros and, unless we say otherwise, they include the VAT (Value Added Tax) that applies on the day you order.
These prices don't include any delivery fees. Those will be added to the product price and shown to you before you confirm your order.
FLAG & KO can change prices anytime.
The price you're guaranteed is the one shown on the site when you place your order.
For orders outside the European Union, like in Switzerland, prices are shown and calculated without taxes (excl. VAT).
The prices listed don't include shipping fees or any other extra costs (like gift wrapping). These will be charged separately and shown to you when you place your order. You'll also see them in your order confirmation and invoice.
Once your order is confirmed, FLAG & KO will send you an electronic invoice to the email address you provided when you created your account or placed your order.
Orders over thirty-five (35) euros (VAT included) get free shipping to Metropolitan France (including Corsica), Belgium, and Luxembourg. For other parts of the world, shipping costs will vary.
You agree to pay the price for the product you ordered on the site, plus any extra costs like shipping. You're also responsible for paying any customs duties, VAT, or other taxes directly to the freight forwarder or carrier if your product is imported into your delivery country, especially for places like Switzerland and overseas territories.
Just so you know, if you're getting a delivery outside the European Union, you might have to pay customs fees. Customs authorities set these fees, and FLAG & KO isn't responsible for paying them when your order is sent. You'll need to pay these fees yourself to receive your order.
You won't be able to ask FLAG & KO for a refund or any other compensation if your order isn't delivered because you didn't pay these fees.
Once your order is confirmed, FLAG & KO will send you an electronic invoice to the email address you provided when you created your account or placed your order.
7. PAYMENT METHODS
When you place an order, it means you agree to pay upfront.
You'll need to pay the full price when you place your order.
Unless FLAG & KO specifically agrees otherwise, you'll need to pay for your order online with a credit card. We use a secure system powered by Stripe, which means your information is encrypted by software, so no one else can see it while it's being sent over the network.
You can also pay with PayPal or by bank transfer. We'll provide the IBAN when you confirm your order.
Your credit card will be charged once your order is confirmed. Just so you know, if your order is delivered in separate parts, the full amount will still be charged when you confirm it.
As an exception, you can ask FLAG & KO Customer Service if you can pay for your order by bank transfer or check. Just remember, you can only use these payment methods if FLAG & KO gives you express written permission beforehand.
You can't use any money FLAG & KO might owe you to offset your order payment.
8. DELIVERY
8.1 How We Deliver
Delivery means when you physically receive or take control of your product.
The risk of losing or damaging your product passes to you as soon as it's handed over to the carrier. But don't worry, FLAG & KO has insurance that covers the product during its journey from the supplier's warehouse to your agreed delivery location.
We deliver products worldwide to the address you provide when you place your order.
Your ordered products will be delivered to the shipping address you gave us when you placed your order. Please make sure it's accurate!
If a package is returned to FLAG & KO because of a wrong or incomplete delivery address, or if you didn't pick up your order from the designated collection point within the given timeframe, we'll reship it at your expense. Just so you know, FLAG & KO will let you know the reshipping costs, and these might be different from the original delivery fees, especially if you got a discount on those.
You'll be responsible for the delivery costs, and we'll let you know what they are when you choose your shipping method.
The carrier's delivery slip, signed by you, will be proof that your product was delivered.
Unless there's a force majeure event or during clearly announced closing periods by FLAG & KO, products are shipped within 1 to 2 business days after your order is registered. You'll find this date in your order summary email.
For pre-order items, the shipping date is shown on the product page, and you'll see "pre-order" in the product page title.
If a product isn't in stock, FLAG & KO will let you know when it's expected to be shipped.
If something unexpected happens that prevents us from delivering within the stated timeframe, FLAG & KO will let you know as soon as possible and arrange a new delivery date with you.
If your delivery is delayed beyond the stated timeframe, or if no timeframe was given, more than 30 days after you placed your order, you can cancel your purchase with FLAG & KO. This is allowed under Article L.138-2 of the Consumer Code, specifically if, after you send a written request by email to FLAG & KO at sav@ericflag.com , we still haven't delivered the product within a reasonable additional period.
You can immediately cancel your order if FLAG & KO refuses to deliver the item, or if we don't deliver within that reasonable extra timeframe, especially if the delivery date or period was a crucial part of your agreement that you made clear to FLAG & KO when you ordered.
If you cancel the contract, FLAG & KO will refund you for any undelivered products and related costs within 14 (fourteen) days from the cancellation date.
When you receive your order, no matter which delivery method you chose, it's up to you (or someone you've authorized) to check if the product matches your order. This includes checking the quantity, quality, weight, dimensions, content, conformity, and overall condition of the product.
If you notice any issues, you need to write down specific, dated notes describing the defects right when the delivery person hands over the package. You also need to send these notes to FLAG & KO within seventy-two (72) hours by email to sav@ericflag.com , including your order number and photos showing the defects.
If you don't make these reservations as described, we'll consider the delivery to be correct.
You should keep the packaging and the delivery slip for the product you received. If there's a mistake with the product, you can return it following the procedures and conditions described below.
8.2 Delivery Times
Delivery times will be shown to you when you place your order.
These are counted in business days, starting from the order confirmation date, as long as you've entered the shipping address correctly.
Delivery: 3 business days, unless there's a delay from the carrier.
Delivery: 4 to 6 business days, unless there's a delay from the carrier.
Delivery: 10 to 15 business days, unless there's a delay from the carrier.
Just so you know, for deliveries outside the European Union, you might have to pay customs fees. These fees are set by customs authorities, and FLAG & KO can't be held responsible for paying them when your order is sent. You'll need to pay these fees yourself to receive your order.
You won't be able to ask FLAG & KO for a refund or any other compensation if your order isn't delivered because you didn't pay these fees.
9. TRANSFER OF OWNERSHIP
You'll only own the product once we've received your full payment.
If you don't pay the full price or if your payment is delayed, FLAG & KO reserves the right to ask for the delivered product back.
You agree to return any delivered product that hasn't been paid for, at your own expense, as soon as FLAG & KO asks.
10. WARRANTIES
10.1 Commercial Warranty
The products are certified by their manufacturers to comply with the various European standards.
Products sold by FLAG & KO come with a two (2) year warranty, starting from the date you receive your item.
10.2 Hidden Defects Warranty
Besides the commercial warranty, FLAG & KO also guarantees you against any hidden defects that come from a design flaw in the product, as long as it's not due to your own negligence or fault. This is in line with articles 1641 and subsequent articles of the Civil Code (which you can find below).
You'll need to make a claim for hidden defects within two (2) years from when you discover the defect.
You can choose between canceling the sale or getting a reduction in the selling price.
Article 1641 of the Civil Code:
« The seller is bound by the warranty for hidden defects in the item sold that make it unfit for its intended use, or that reduce this use so much that the buyer would not have bought it, or would have paid a lower price for it, had they known about them. ».
Article 1644 of the Civil Code:
« […] the buyer can choose to return the item and get their money back, or keep the item and get a partial refund, as decided by experts ».
Article 1648, first paragraph of the Civil Code:
« Claims for hidden defects must be brought by the buyer within two years from when the defect is discovered. ».
10.3 Legal Guarantee of Conformity
FLAG & KO also guarantees the Products' conformity to the Buyer, allowing them to make a claim under the legal guarantee of conformity, as per articles L.217-4 and subsequent articles of the Consumer Code (which are reproduced below).
The Buyer has two (2) years from when the Product is delivered to make a claim under the legal guarantee of conformity. This written request must be sent to FLAG & KO by registered mail with acknowledgment of receipt.
You can choose to have the item repaired or replaced, as long as it meets the cost conditions outlined in article L.217-9 of the Consumer Code.
Also, according to article L.217-7 of the Consumer Code, the Buyer doesn't need to prove that the non-conformity was there when the item was delivered if the defect shows up within 24 (twenty-four) months after delivery.
Article L.217-4 of the Consumer Code states that:
« The seller must deliver goods that match the contract and is responsible for any conformity issues present when the item is delivered.
They are also responsible for any conformity issues caused by the packaging, assembly instructions, or installation, especially if the contract made them responsible for it or if they handled the installation. »
Article L.217-5 of the Consumer Code states that:
« An item is considered to conform to the contract if:
1° It's suitable for the usual purpose of a similar item and, if applicable:
– if it matches the seller's description and has the qualities the seller showed the buyer through a sample or model;
– if it has the qualities a buyer can reasonably expect, considering public statements made by the seller, producer, or their representative, especially in advertising or on labels;
2° Or if it has the features agreed upon by both parties, or is suitable for any special use the buyer wants, provided the buyer informed the seller and the seller accepted it. ».
Article L.217-12 of the Consumer Code states that:
« Any claim related to a lack of conformity must be made within two years from when the item is delivered. »
Article L.217-16 of the Consumer Code states that:
« If the buyer asks the seller for a repair covered by the commercial warranty (given when they bought or had a movable item repaired), any time the item is out of use for at least seven days will be added to the remaining warranty period.
This period starts from when the buyer requests the repair or when the item is made available for repair, whichever happens later. »
11. PRODUCT SAFETY DEFECT
If a product safety defect causes damage, the Buyer should hold the manufacturer responsible. The manufacturer can be identified using the information on the Product packaging.
12. SUSPENSION – TERMINATION
If the Buyer doesn't meet any of their obligations, like failing to make a full or partial payment on time, FLAG & KO reserves the right (without any prior notice) to stop delivering the Product for any order, whether it's completed or still in progress. They can also stop fulfilling their own obligations without paying any compensation, and this won't affect their right to pursue other legal actions.
What's more, if seven (7) calendar days after receiving an official warning sent by registered mail with proof of delivery, the problem isn't fixed, all agreements with the Buyer can be automatically canceled without FLAG & KO having to pay any compensation to the Buyer. FLAG & KO can then demand the return of the goods, including through urgent legal action.
In all the cases mentioned above, and if FLAG & KO doesn't choose to cancel the agreements, all outstanding amounts owed to FLAG & KO will become immediately due. The Buyer will then have to immediately return any goods that haven't been paid for. If FLAG & KO doesn't act on a breach of contract by the Buyer, it doesn't mean they're giving up their right to do so in the future.
13. RIGHT OF WITHDRAWAL
Legally, you have 14 calendar days from when you receive your order to change your mind and return it, without needing to explain why or pay any costs other than the return shipping.
But, to give you an even better experience, we've decided to extend this period to 30 calendar days from when you get your order.
To get a refund, your product needs to be unused, in perfect condition, and in its original packaging. If an item comes back incomplete, damaged, dirty, or with signs of use, we won't be able to refund it.
If you want to return something, just get in touch with our Customer Service team using our contact form or the email address on our website. Once we approve your request, we'll send you the return instructions.
You'll cover the return shipping costs, unless we made a mistake or the product is faulty.
We'll process your refund once we receive and check the returned items, using the same payment method you used for your purchase.
14. EXCHANGES AND REFUNDS
You can ask for an exchange, store credit, or a refund for the product(s) you bought within thirty (30) days of receiving your order, as long as you meet the conditions below:
Just send an email to sav@ericflag.com within thirty (30) days of getting your package, including your order number and why you're returning it.
After this time, we won't be able to process any exchange or refund requests.
You can choose between:
We'll only accept an exchange, store credit, or refund if FLAG & KO has received the product(s) back in their original packaging, with all accessories and any instructions, within 30 days of your return request.
The product(s) you send back must be in perfect, unused condition, with no damage. If we see any signs of excessive use, we might reduce the refund amount or even refuse the return.
You'll cover the return shipping costs, unless FLAG & KO made a mistake (like sending the wrong size or color, or a faulty product).
Our products ship from France, which is part of the European Union.
If your order is shipped to a country outside the European Union, you might have to pay customs taxes when it arrives, and these will be your responsibility.
If you don't pay the customs taxes and the order is returned to our warehouse, the return shipping costs will be deducted from your refund. Or, if those costs are more than your order's value, we won't be able to give you a refund at all.
FLAG & KO can't be held responsible if your package is stolen, lost, or damaged during shipping. To make sure your return is safe, we highly recommend using a shipping service with tracking and insurance.
15. RESPONSIBILITY
All products offered by FLAG & KO must be used according to their user and care instructions, and with all necessary precautions.
The Buyer is responsible for choosing the product they decide to order. So, FLAG & KO can't be held responsible if the product isn't suitable for how it's used.
FLAG & KO can't be held responsible for any damage, whether direct or indirect, physical or non-physical, that results from using a product in a way that doesn't follow its user instructions.
Other than the cases mentioned before, FLAG & KO won't be held responsible if they can show that the failure to perform or improper performance of these General Terms and Conditions of Sale or the order is due to either the Buyer or an unexpected and unavoidable event caused by someone else not involved in the contract.
16. FORCE MAJEURE
According to Article 1218 of the Civil Code: “There is force majeure in contractual matters when an event beyond the control of the debtor, which could not have been reasonably foreseen when the contract was made, and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling their obligation”.
So, any circumstances beyond the Parties' control that prevent them from normally fulfilling their obligations are considered reasons to be excused from those obligations and will cause them to be suspended.
The Party claiming these circumstances must immediately tell the other Party when they happen and when they end.
What courts usually consider as force majeure events are those that are irresistible and unpredictable, beyond the Parties' control, against which they couldn't reasonably protect themselves, and whose consequences they couldn't fix without spending way too much money compared to what they hoped to gain.
Specifically, force majeure or unforeseen events include things like blocked transport or supply routes, earthquakes, fires, storms, floods, lightning, telecommunication network outages, or issues with telecom networks outside the Buyers' control.
The Parties will work together to see how the event affects things and agree on how to continue the contract. If the force majeure event lasts longer than 3 (three) months, these General Terms and Conditions of Sale can be canceled by the affected party.
17. INTELLECTUAL PROPERTY
The content of the Site and all its parts, including texts, photos, images, icons, sounds, videos, software, databases, or data, belongs to FLAG & KO and is protected by international and French intellectual property laws.
Therefore, any reproduction, representation, modification, transmission, publication, adaptation, or use of the elements for which FLAG & KO holds intellectual property rights, on any platform or in any way, done without FLAG & KO's prior written permission, is strictly forbidden.
Non-substantial reproduction or representation of elements for which FLAG & KO holds intellectual property rights is allowed for strictly private and non-commercial use only.
Any authorized reproduction of elements for which FLAG & KO holds intellectual property rights must clearly show the source and the name of the content's author.
FLAG & KO reserves the right to take civil and criminal legal action, both in France and abroad, especially for infringement, against anyone who, directly or indirectly, has violated its rights.
18. PERSONAL DATA
During their order, the Buyer may need to share personal information about themselves.
FLAG & KO is committed to respecting the information you provide, as outlined in our Privacy and Personal Data Policy, which you can find here: https://www.ericflag.com/privacy-policy
19. MEDIATION
If you have a dispute, you should first reach out to FLAG & KO's Customer Service by email at sav@ericflag.com
If your complaint to Customer Service isn't resolved, or if you don't hear back from them within two months, you can submit the dispute about your order or these T&Cs with FLAG & KO to the European Commission. They offer an online platform for out-of-court dispute resolution, which you can find here: https://ec.europa.eu/odr.
This mediator will independently and impartially try to bring both parties together to find a friendly solution.
To submit your mediation request, you can find a complaint form on the mediator's website.
Both parties are free to accept or refuse mediation. If they do go through mediation, they're also free to accept or refuse the solution the mediator suggests.
20. PARTIAL INVALIDITY
If any part of these T&Cs is found to be invalid by law, regulation, or a final court decision, that part will be considered non-existent. However, this won't make the entire T&Cs invalid, and FLAG & KO and the Buyer will still be bound by the rest of the terms.
If needed, FLAG & KO and the Buyer agree to negotiate in good faith to replace any terms that might have been canceled or invalidated for any reason.
21. NON-WAIVER
If one party doesn't act on a breach by the other party of any of these T&Cs, it doesn't mean they're giving up their right to enforce that obligation in the future.
If a party doesn't insist on applying a provision of these T&Cs, or temporarily or permanently tolerates its non-performance, it doesn't mean that party is giving up its rights under these T&Cs.
If a party tolerates a non-performance or imperfect performance of any contractual obligation in these T&Cs, or generally tolerates any action, inaction, or omission by the other party that doesn't comply with the contract, it doesn't give the benefiting party any special rights.
22. HEADINGS
The headings and subheadings in these T&Cs are just for convenience. FLAG & KO and the Buyer expressly agree that these headings and subheadings cannot be used to interpret any part of these T&Cs. If there's a conflict between a heading and a provision, the heading will be disregarded.
23. GOVERNING LAW – JURISDICTION
These T&Cs are written in French. If they're translated into other languages and there's a dispute, only the French version will be considered valid between the parties.
These T&Cs and your order are fully governed by French law.
Any dispute about setting up, understanding, carrying out, or ending these T&Cs will first try to be resolved amicably.
Any dispute that comes up between the parties because of these T&Cs (how they're made, understood, or carried out) will be handled exclusively by the courts in Paris.
We look forward to hearing from you.
sav@ericflag.com or on WhatsApp for an even faster response!