GENERAL TERMS & CONDITIONS OF SALE
Welcome to the online store provided by Airtender B.V. (here and after Airtender). This website (and related websites) is solely intended for consumers wishing to purchase Airtender products for delivery in the territory (currently Europe). Airtender does not accept orders for delivery outside the Territory even though the Store is accessible worldwide. The Products will be designed, tested and approbated for use in the countries of the Territory only. If you choose to access the store and/or use the Products outside the Territory, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the store is not designed for use outside the Territory and some or all of the features of the store may not work or be appropriate for use in such a country. To the extent permissible by law, Airtender accepts no responsibility or liability for any damage or loss caused by your access or use of the store outside the Territory.
These terms and conditions together with Airtender’s order confirmation constitute the contract between you as a consumer and Airtender for the supply of the Products ordered. By ticking the ‚’have read and agree’‚ box on the order form and placing the order, you accept and agree to be bound by these Terms & Conditions. No other terms or conditions apply. This contract between you and Airtender cannot be varied unless Airtender agrees to a change in writing or by email.
Airtender reserves the right to change these Terms & Conditions at any time without prior notice, so please review the Terms & Conditions each time you order Products from this store. Such change shall have no effect on orders that were submitted and confirmed before posting of such revised Terms & Conditions on this website.
As a consumer, you have certain legal rights. The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties, including exclusions relating to products that are faulty or not as described, or the exclusion or limitation of incidental or consequential damages or other rights. For a full description of your legal rights you should refer to the laws applicable in your country or jurisdiction. Nothing in these Terms & Conditions will affect those other legal rights.
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE PREORDER OR PURCHASE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD NOT PURCHASE NOR PREORDER THE PRODUCTS.
2. Order, Acceptance and Payment
To place an order for purchase of Products you must be at least 18 years old, accessible by telephone, and have a valid e-mail address.
You may place an order for the purchase of Products by filling in the order form on the website. Before submission you will be presented a fully filled-in order form with a final Product price payable. At that point in the order process you may press the button ‚’continue’‚ to view an overview of your complete order, in which you can correct any that may have been made in the order form. As soon as you have assured yourself the order form is correct you can submit the form and place your order – after confirming your acceptance of these Terms & Conditions. By ticking this box and pressing the ‚’Submit’, button. By placing your order, you make an offer to Airtender to purchase the Products you have selected subject to these Terms & Conditions. Airtender may or may not accept your order in her sole discretion. No orders are binding on Airtender unless explicitly accepted by Airtender by means of Airtender’s order confirmation by e-mail. However, orders submitted by you are binding on you and cannot be cancelled after submission. Airtender reserves the right to restrict quantities when accepting orders.
Whilst Airtender will make every effort to supply you with the Products listed on the order confirmation on the date (range) specified on the order confirmation, there may be occasions where we are unable to do so, because, for example, (i) such Products are no longer manufactured or available, (ii) Airtender is unable to source a certain relevant component or (iii) there was a pricing error on the website. In such circumstances Airtender will contact you to inform you and where possible offer alternative Products that you may wish to purchase. If you do not wish to order alternative Products, we will cancel your order with respect to these Products and refund you any money you may have already paid to Airtender in respect of such Products. In the event of a typographical error or technological error causing a mistake in the price shown on the website, Airtender reserves the right to correct the error and charge you the correct price.
You may pay for your Products by the methods of payment as displayed on the website. You must pay in the currency indicated on your invoice. If you are paying by credit card, you will be requested to supply your credit card details when you place your order. Your credit card will only be charged on the moment we organize shipment of the Products. Airtender will not supply the Products until your credit card issuer has authorized the use of your card for payment of the Products ordered. If Airtender does not receive such authorization we shall inform you accordingly.
This website may contain references to Products which are not necessarily available for delivery in all countries. The Territory in which the Products are deliverable will be expanded and updated in this General Terms and Conditions of Sale. Airtender only sells and delivers Products as permitted by applicable law.
Please note that the on-screen display of the Products may differ slightly from the actual appearance. The information contained in our advertising brochures or on our websites constitute an invitation to treat; no such information will constitute an offer by Airtender to supply Products. All Products offered on the store are subject to availability.
Purchases made on the store are intended for end users only and are not authorized for resale.
All Product prices published are in US dollars or in Europe in EURO, including VAT but exclusive of recycling levies, taxes and shipping, handling and delivery costs and duties, which are for your account. Product prices shall be the prices as published on this website at the time your order was placed, and as stated on your invoice. All additional taxes, delivery costs and duties associated with the order which are for your account will be added to the purchase price in the ordering process and on the invoice so that a complete overview will be made available to you before the order can be submitted.
Prices of the products are subject to change without notice at any time.
Order submitted via this website will be delivered in the Territory only. Airtender will deliver the Products to the address specified in the order confirmation and in accordance with the chosen delivery option. Airtender may deliver the Products by means of separate delivery. Any delivery or shipment dates given by Airtender are best estimates only and Airtender shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given.
Airtender will use reasonable endeavors to manufacture and deliver your Products within the stated delivery period. However, actual Product delivery times may be longer than thirty (30) days from order confirmation, and if you order the Product knowing the delivery moment will be more than thirty (30) days after order confirmation, you hereby explicitly agree to such later delivery date.
In the event you order various Products to be delivered to different addresses, you will need to submit an order per delivery address.
Title to and risk of loss in your Products will pass to you upon delivery of the Products to the address stated in your order confirmation.
5. Airtender App Terms
The Airtender application software offered on or through the Airtender website is subject to the applicable license agreement as posted here. The software is made available on a non-transferable, non-exclusive basis and for use by end users only and any copying, reproduction or redistribution of the software is expressly prohibited.
Airtender warrants for a period of at least 12 months from the date of delivery that the Products supplied by Airtender hereunder are free from defects in material and workmanship. This warranty is without prejudice to your statutory rights under applicable law. Specific warranties may apply to certain Products as specifically stated in the Product information. With respect to the application software, no warranty shall apply other than as expressly set forth in the applicable license agreement.
Should the Products supplied by Airtender not comply with the applicable warranty Airtender shall, at its own option and expense, unless provided otherwise in the applicable warranty, repair or replace the Product or refund the purchase price upon return of the Product. Except as expressly set out herein, to the fullest extent permitted by law Airtender hereby disclaims any and all warranties whether express or implied. The limited warranty set forth herein shall be your sole remedy. However, the limited warranty is additional to and will not affect or prejudice your statutory rights as a consumer.
To obtain warranty service, please contact Airtender via the e-mail address info@Airtender.com. [Be ready to provide the order number as stated on the order confirmation or your receipt from the store.]
As far as permitted by applicable law, the store and all content available on the store is provided on an ‘as-is’basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All Products purchased through the store are provided on an ‘as-is’ basis unless otherwise noted in the warranty included with a Product.
You use a Product at your own discretion and risk. You will be solely responsible for (and Airtender disclaims) any and all loss, liability or damages resulting from your use of a Product.
Unless explicitly promising a guarantee Airtender does not guarantee or promise any specific monetary benefit from the use of a Product or any feature of it. Actual monetary benefits vary with factors beyond Airtender’s control or knowledge.
7. Contract Withdrawal Rights, Returns for Non-Conformity and Refunds
As a part of a consumers statutory rights in the EU, withdrawal from the contract with Airtender for no reason must be possible within fourteen (14) calendar days of delivery. Airtender offers this right to all her customers, wherever in the Territory they may order from. To make use of this right, please notify Airtender of your wish to withdraw from the contract within 14 business days after delivery of the Product by and emailing us. Airtender will refund all amounts paid by you for the products in the manner in which these monies were paid within fourteen (14) days from receipt of the Products in their original packaging including any and all accessories and documentation in conformance with the returns procedure. Please note that the return delivery costs are borne by you.
Please note that you may NOT withdraw from a contract, return a Product and claim a refund if the Product concerned is:
– software which you have downloaded from the website;
– such that the Product cannot be returned in its original condition including all packaging and manuals and other documentation.
In the event the Product is returned based on a warranty or non-conformity claim, Airtender may require as a condition for performing its warranty obligations that the Product be returned to an address specified by Airtender. Unless specified otherwise, the shipping costs for returned Products under warranty shall be for Airtender’s account.
Please contact Airtender via the e-mail address at the top of this page to request return instructions. [Be ready to provide the order number listed on the order confirmation or your receipt from the store.] You will be provided with a return material authorisation (RMA) number.
You must return the Product within 5 days of issuance of the RMA number to Airtender in its original condition and packaging, accompanied by the RMA number, together with all warranty cards, manuals and accessories, shipping charges pre-paid. A refund will be given following Airtender’s receipt of the Product returned in accordance with the return instructions.
Refunds are limited to your purchase price of the returned Product(s) (exclusive of shipping and handling costs). Refunds will be made to your credit card account, or for non-credit card transactions, by crediting your bank account.
Refunds on discounts, promotions and/or offers do not guarantee a full refund of the purchase amount. If an amount has been transferred for an action, that amount cannot be returned in its entirety.
8. Limitation of Liability
Nothing in these Terms & Conditions and in particular within this ‘Limitation of Liability’ clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) AIRTENDER BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF AIRTENDER KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) AIRTENDER’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE PRICE ACTUALLY PAID BY YOU TO AIRTENDER FOR THE PRODUCT AT ISSUE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. AIRTENDER DISCLAIMS ALL LIABILITY OF ANY KIND OF AIRTENDER’S LICENSORS AND SUPPLIERS.
These terms and conditions set out the full extent of Airtender’s obligations and liabilities in respect of the supply of Products hereunder. Save as set forth in the Warranty paragraph (6) above, there are no other warranties, conditions or other terms that are binding on Airtender regarding the supply of Products hereunder.
Nothing in these Terms & Conditions shall limit Airtender’s liability for death or personal injury caused by Airtender’s negligence or fraud.
Depending on the country in which you as a consumer reside, there may be certain warranties and conditions relating to the quality of the Products that Airtender is required to make, and Airtender hereby makes these warranties and conditions to the extent it is required to do so.
9. Transaction Data and Data Protection
Airtender’s records relating to your transaction shall be deemed correct and conclusive unless proven otherwise. Your transaction records are accessible to you if you are a registered customer by entering your login name and password so that you may check the status of your order(s) and check the order content.
When you order Products in the store, we collect and store your email address. From that point forward, your email address is used to send you information about Airtender’s Products unless you opt-out of such emails using the opt-out link in the emails.
10. Electronic Communication & Notifications
You are communicating with Airtender electronically when you use the store or send an email to Airtender. You agree that all agreements, notices, disclosures and other communications that Airtender provides to you electronically satisfy any legal requirement that such communications be in writing.
Airtender may provide notifications to you as required by law or for marketing or other purposes via email to the primary email associated with your Airtender account, hard copy, or posting of such notice on the Airtender website. Airtender is not responsible for any automatic filtering you or your network provider may apply to email notifications.
11. Force Majeure.
Airtender will not be liable or responsible for any failure to perform, or delay in performance of, any obligations under a contract that is caused by an act or event beyond Airtender’s reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If any part of one or more of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will to that extend be deemed to not form part of the contract between Airtender and you. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect
13. Governing Law; Competent Court
Airtender will try to resolve any disagreement you may have as quickly and efficiently as possible if you contact us by email at info@Airtender.com. However, if you wish to initiate court proceedings, your claim or dispute hereunder must be submitted to the exclusive jurisdiction of the courts of Amsterdam, The Netherlands. Your purchase of the Products and these Terms & Conditions shall be governed by the laws of The Netherlands. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded.
Failure to enforce any of the terms of this contract shall not constitute a waiver of such term(s). The invalidity or the unenforceability of any provision of this contract shall not adversely affect the enforceability or validity of the remaining provisions.
YOU MUST CONTACT AIRTENDER WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
Notwithstanding the foregoing, Airtender may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
14. Name and address
The contracting party is:
2718 RR Zoetermeer
Chamber of Commerce registration: 74057960
Tax ID: NL859758849B01
Version November 12, 2020