Refund Policy
Onflay LLC Last updated: [INSERT: Effective Date]
1. Overview
This Refund Policy describes how refunds work on the Onflay Platform for Customers who purchase products and services from Creators. Onflay is the Merchant of Record for all Transactions processed through the Platform.
This Policy supplements and should be read together with the Onflay Terms and Conditions (Section 8). In the event of a direct conflict, the Terms govern for commercial users; mandatory consumer protection law governs for consumers in applicable jurisdictions.
2. Your Statutory Consumer Rights
Before describing Onflay's policies, we want to be clear: your statutory consumer rights under applicable law may entitle you to refunds regardless of any other policy. These rights vary by country and cannot be limited by contract.
Dominican Republic (Ley 358-05 — Pro-Consumidor)
If you are a consumer in the Dominican Republic, you have rights under Ley 358-05 (Ley General de Protección de los Derechos del Consumidor o Usuario), including the right to accurate information about products and services, the right to remedies for defective or misdescribed products, and access to Pro-Consumidor for dispute resolution. These rights apply regardless of the Creator's stated refund policy.
If you believe a product or service you purchased through the Platform was defective, misdescribed, or not delivered, you may contact us at support@onflay.com or contact Pro-Consumidor directly.
Brazil (Código de Defesa do Consumidor — CDC, Art. 49)
If you are a consumer in Brazil, the Código de Defesa do Consumidor (Lei No. 8.078/1990, Art. 49) grants you the right to cancel any purchase made at a distance (including online purchases) within 7 calendar days of the date you received access to the product or service, without any reason and with a full refund. This is called the "direito de arrependimento" (right of regret) and cannot be waived by any contract.
To exercise this right, contact us at support@onflay.com within 7 days of your purchase. We will process your refund promptly.
Mexico (Ley Federal de Protección al Consumidor)
If you are a consumer in Mexico, you may have the right to cancel a distance-contract purchase within 5 business days under applicable PROFECO regulations, provided the product or service has not been consumed or delivered. Contact us at support@onflay.com to exercise this right.
Colombia (Ley 1480 de 2011, Art. 47)
If you are a consumer in Colombia, you have the right to return products or cancel distance-contract service purchases within 5 business days of delivery or contract formation, provided the product is in its original condition. Contact us at support@onflay.com.
Peru and Argentina
Consumers in Peru (Ley 29571 — Indecopi) and Argentina (Ley 24.240) have similar statutory rights under their applicable consumer protection laws. Contact us at support@onflay.com to exercise any statutory consumer rights.
European Union and United Kingdom
EU consumers have a statutory right of withdrawal of 14 days for most distance contracts under the Consumer Rights Directive. UK consumers have similar rights under the Consumer Contracts Regulations. These rights apply to digital content and services subject to the specific conditions under applicable law.
Other Jurisdictions
If you are located in another jurisdiction with statutory consumer withdrawal or refund rights, those rights are preserved. Contact us if you need assistance.
3. Creator Refund Policies
Each Creator on the Platform may set their own refund policy for their Listings. Creators' refund policies are displayed on each Listing page. You should review the Creator's refund policy before completing a purchase.
Creators' refund policies may be more generous than but cannot remove your statutory consumer rights under applicable law.
4. Requesting a Refund from a Creator
If you would like a refund for a purchase and the Creator's Listing indicates that refunds are available:
- Contact the Creator directly through the Platform messaging or the contact information provided in your purchase confirmation.
- Describe the reason for your refund request.
- If the Creator approves the refund, it will be processed through the Platform. Refund amounts are returned to your original payment method via Stripe.
Refund processing times: Refunds typically appear on your original payment method within 5–10 business days, depending on your bank or card issuer. Onflay does not control bank processing times.
5. Requesting a Refund from Onflay
If a Creator does not respond to your refund request, or if you believe a Transaction involved fraud, a policy violation, or a failure to deliver that warrants a refund, you may contact Onflay at support@onflay.com.
Onflay may, in its sole discretion, issue a refund to a Customer where:
- The product or service was not delivered or was materially different from its description.
- The Transaction involved fraud or a Platform policy violation.
- Applicable consumer protection law requires a refund.
Onflay does not guarantee that a refund will be issued in every case. Refund decisions made by Onflay in its discretion are final and binding on the Creator, whose balance will be debited accordingly.
6. Chargebacks and Payment Disputes
If you are unable to obtain a refund through the Platform, you may have the right to dispute the charge with your bank or credit card issuer (a "chargeback"). We encourage you to contact us first at support@onflay.com so we can work to resolve your concern directly.
Please note: initiating a chargeback without first attempting to resolve the issue through the Platform may affect your ability to use the Platform in the future. Abuse of the chargeback process (for example, initiating a chargeback after already receiving a refund) is a violation of the Terms and Conditions.
7. Non-Refundable Situations
The following are generally not eligible for refunds absent a statutory consumer right or Onflay's sole discretion:
- Digital products that have been downloaded or accessed, where no statutory withdrawal right applies.
- Services that have been fully rendered.
- Appointments or bookings that were attended or where cancellation notice requirements were not met (subject to Creator's stated cancellation policy).
- Subscriptions for the billing period in which cancellation occurs (see Terms §9).
These limitations apply only where mandatory consumer law does not override them. See Section 2 for your statutory rights.
8. Subscription Cancellations
To cancel a subscription, see the subscription cancellation instructions in the Onflay Terms and Conditions (Section 9.3) or contact support@onflay.com. Subscription cancellations stop future charges; they do not automatically trigger a refund of already-charged amounts, unless required by applicable consumer protection law (including Brazil's CDC Art. 49 and applicable LATAM consumer laws).
9. Contact
For refund requests and related inquiries:
Onflay LLC 1021 E Lincolnway, Suite 10028 Cheyenne, Wyoming 82001 United States Email: support@onflay.com Legal: legal@onflay.com
For Dominican Republic consumers, you may also contact Pro-Consumidor (Instituto Nacional de Protección de los Derechos del Consumidor) if a dispute cannot be resolved with Onflay.
For Brazilian consumers, you may also contact SENACON (Secretaria Nacional do Consumidor) or Procon in your state.