Terms & Conditions

1. Application of Terms & Conditions of Sale

1.1 The following terms and conditions shall govern the order by Client (as defined hereunder) and the sale by FLEX (« FLEX » or « Seller ») of any product made available by FLEX (hereby collectively called the “Product”). Certain additional terms may accompany the Product and shall apply but in case of conflict the following Terms and Conditions shall prevail.

1.2 By ordering the Product, whether by placing an order on the website (www.flex.ma), in person or by any other mean, Client agrees that these Terms and Conditions of Sale (referred to as the “Terms and Conditions”) shall govern the contract between Flex and the Client and supersedes any other terms and conditions that may be provided by the Client. Flex’s failure to object to provisions contained in any communication from the Client shall not be deemed a waiver of the Terms and Conditions.

1.3 “Client” means any person or entity ordering products from Flex.

1.4 These Terms and Conditions of Sale supersede any pre-printed terms on Client’s orders and any previous written or oral communications or representations by either party related to the Product or the terms and conditions and may not be amended by Client without prior written consent of Flex.

2. Billing, Orders & Credit Card Information

2.1 Any order, to be valid, needs to be accompanied by a valid payment of the total sum of the value of the Product and shall be made by a pre-arranged method of payment acceptable to Flex.

2.2 Flex reserves its rights to cancel the order at its sole discretion by reimbursing the sums paid by the Client. Flex shall not otherwise be liable to the Client for cancellation of such orders.

2.3 All buyers will be charged in Moroccan Dirham.

2.4 All items purchased from Flex are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

3. Expedition

All shipping fees are included in the final price. Flex may be unable to ship to certain remote regions. Flex reserves the right to refuse or cancel orders where Flex has no commercially reasonable shipping option, and Flex shall not be liable to the Client for cancellation of such orders. In such a case, Flex will reimburse the sums already paid by the Client. If an ordered item is damaged during shipping, is incorrect, or missing, you must immediately contact Flex. To contact us, write to info@flex.ma.

4. Refunds / Returns

All sales are not eligible for returns. All shipped items are not eligible for refunds unless otherwise decided by a member of Flex. Our pre-paid subscriptions are non-refundable unless otherwise decided by a member of Flex.

5. Security

Flex works to protect your personal information during transactions using a secure system. Flex employees do not have access to your credit card information because they are encrypted the moment a transaction is completed. Only the company managing transactions with which Flex is doing business receives this encrypted information. Other personal information collected by Flex is used to ship your order, to contact you in case of need, or to let you know about all the opportunities Flex has to offer. You may, at any time, ask that your information is removed from our database.

6. Indemnification

You agree to indemnify, defend, and hold Flex harmless and its officers, directors, employees, agents, investors, and suppliers (collectively the « Service Providers ») against all losses, expenses, damages, and costs, including reasonable attorneys’ fees resulting from any violation of these general terms and conditions or any activity related to your account (negligent or wrongful actions included) by you or any other person accessing the website using your Internet account.

7. Third Party

In order to provide added value to our users, Flex can affiliate itself to websites operated by third parties. However, even if the third party is affiliated, Flex has no control over these linked sites, which have different private data collection methods unrelated to Flex. These linked websites are for your convenience only and are therefore accessed at your own risk.

8. Act of God

For all purposes hereof, force majeure includes any act of God, war, mobilization, governmental regulation, strike, lockout, drought, flood, total or partial fire, obstruction of navigation, loss, damage or detention in transit, defective materials or delays by shippers, or other contingences or causes beyond Seller’s control which might prevent the manufacture, shipment or delivery of Goods covered hereby. Performance of Seller’s obligations may be suspended pending force majeure, without Seller being responsible to Client for any damages or losses resulting from such suspension.

9. Arbitration, Governing Law & Jurisdiction

These Terms and Conditions shall be strictly and exclusively construed in accordance with the laws of the kingdom of Morocco applicable therein without regard to principles of conflict of law and specifically excluding the provisions of the 1980 UN Convention on Contracts for the International Sales of Goods. Without limiting the foregoing, Client irrevocably and unconditionally agrees that any suit, action, or other legal proceeding arising out of or relating to these Terms and Conditions or any transaction hereunder must be decided by binding arbitration and any such arbitration proceedings shall be brought and held in Morocco. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. In case arbitration shall be impracticable then any suit, action, or other legal proceeding arising out of or relating to these Terms and Conditions or any transaction hereunder must brought to the tribunals of the District of Tangier, Province of Tangier Tetouan Alhoceima, Client consents to the exclusive jurisdiction of such court in any such suit, action or proceeding; Client waives any objection to the laying of the venue of any such suit, action or proceeding in any such courts; and Client waives any right that it may have to assert the defence of forum non-conveniens in any such suit, action or proceeding.

10. No Assignment

Client may not assign its rights or obligations under this Agreement without the express written consent of Flex.

11. Severability

If any provision or provisions of these Terms and Conditions be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

12. Language

The Parties hereto have expressly required that these Terms and Conditions be drafted in the english language only.

13. Intellectual Property

13.1 Client agrees that any invention, patent, industrial design, copyrightable document or object as well as any technical, scientific, marketing or commercial know-how or trade secret relating to the Product, including but not limited to any inventions, patents, copyright and industrial design (hereinafter described as the « Industrial Property ») is the exclusive property of Flex.

13.2 Client recognizes and acknowledges that all the trademarks applied on or otherwise used in relation to the Product, whether registered or not (the “Trademarks”), are the exclusive properties of Flex.

13.3 Client will not take any action which might invalidate any such Trademark or any registration thereof, impair any rights of Flex or create any rights adverse to those of Flex. Without limiting the foregoing, Client shall not, during the course of this Agreement and thereafter, adopt, use, register or seek to register in any class in any country or territory, any trademark which includes or is confusingly similar to any of the Trademarks.