These are the terms and conditions of use (“Terms”) for www.mineralair.co.uk and www.trymineralair.co.uk (“Site”). The Site is operated by Passiflora Ltd. (“we”, “us” and “our”). We are a limited company registered in England. Our registered company number is 9381916, and our principal place of business is at Olympia House, Armitage Road, London, NW11 8RQ. Our VAT number is 206123163.
Your use of the Site, purchase of products offered on the Site (“Products”) and use of other available services (the “Services”) offered on the Site will be subject to these Terms, and by using the Site you agree to be bound by them. If you cannot agree to and comply with this Agreement and its requirements, please do not use the Services and exit the Site.
We reserve the right to change these Terms from time to time to reflect legal or regulatory changes, to update them generally or for other reasons we deem appropriate and such modifications shall be effective immediately upon posting of the modified terms on the Site. We will not change the price of any product for which we have a binding order to supply to you.
These Terms were last updated on 28 of February 2017
ACCESS TO THE SITE
It is your responsibility to ensure that your computer system meets all the necessary technical specification requirements to enable you to access and use the Site and is compatible with the Site.
We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, at our sole discretion without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any Services, features, parts or content of the Site.
By placing an order on the Site you warrant that:
(a) you are legally capable of entering into a binding contract;
(b) you are at least 18 years of age; and
(c) the purchase of Products and other Services offered on the Site are for your personal, non-commercial use only.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, all intellectual property rights in any content of the Site, (including text and other materials, graphics, photography, images, video, sound illustrations, product layout and design, icons, software and trade marks) are owned by us or our licensors. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors, and you acknowledge that you do not acquire any ownership right by downloading content from the Site. In the event that you print off, copy or store pages from the Site (only as permitted by these Terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
The Passiflora, Mineral Air and the Site names, logos, and other identifying marks are owned by our licensors or us. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.
YOUR USE OF THE SITE AND SERVICE
Your failure to follow the requirements of these Terms may result in suspension or termination of your log-on ID and access to the Services, at any time without notice. We reserve the right to terminate, without notice, your access to or use of the Site for any reason if, in our opinion, you have failed to comply with any of the provisions of these Terms, or any details you provide for the purposes of registering as a user prove to be false.
You may only use the Site for your personal, non-commercial use in accordance with these Terms. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the rest of this provision, store such pages in electronic form. Additional terms may also apply to certain areas of the Site where you can submit content, such as customer ratings and reviews and, where they apply, will be displayed before you access the relevant feature, parts or content.
Except to the extent as expressly set out in these Terms, you are not allowed to:
- Store pages of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Site;
- Remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
- Create links to the Site from any other website, without our prior written consent.
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any service provider or affiliate.
All rights granted under these Terms will terminate immediately in the event that you are in breach of any of them.
We may change the content of the Site from time to time.
Whilst we try to make sure that all information contained on the Site (other than any user generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
We cannot and do not guarantee that any content on the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security checks and safeguards (including anti-virus checks) to satisfy your requirements as to the safety and reliability of the content.
We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.
Please see our Warranty in relation to Products purchased through the Site.
USE OF THE SITE AND SERVICES
The Site and the Services are not intended for users under the age of 18.
If you are a minor under the age of 18, you may only use the Site in conjunction with your parents or guardians. We do not knowingly collect personal details from users under the age of 13. Children under 13 should not use the Site. If a child under 13 submits information through any part of the Site, and we become aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
The Site may from time to time, include links to external sites. We are not responsible for the content of these other sites, including those third party sites that may display our logo or branding, and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators.
ORDERING AND AVAILABILITY
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Place Order” button on the checkout page.
Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that we have received and accepted your order and notifying you that your order is being processed (“Order Confirmation”). The contract between you and us in relation to the Products ordered (“Contract”) will only be formed when we send you the Order Confirmation. We will send you a further email to notify you when your goods have been dispatched containing tracking information for your order.
The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances.
Your order will be delivered to the delivery address you specify when placing your order. Orders cannot be delivered to PO Box or similar addresses. We deliver to all addresses within the United Kingdom mainland.
Products comprised within the same order cannot be delivered to different addresses.
Deliveries are made by Royal Mail and take place on Monday to Friday, excluding bank and public holidays, usually within the hours of 8am and 6pm.
Please allow up to 2 business days to process your order in addition to a further 2-4 business days for shipping time.
RISK AND TITLE
Products ordered will be at your risk from the time of delivery. Ownership of the Products ordered will also pass to you on delivery, provided we have received full payment of all sums due in respect of the Products, including delivery charges.
PRICE AND PAYMENT
The price of Products is as quoted on the Site from time to time.
Prices include VAT and delivery costs of the Product to the address specified when you placed your order.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
ACCEPTED PAYMENT METHODS
We accept the following credit and debit cards as payment for your order:
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
OUR REFUNDS POLICY AND CONSUMER RIGHTS
Passiflora Ltd. standard returns policy
Every Mineral Air purchase is risk free. If for any reason you are not satisfied with your Product and wish to return it, we will be happy to send you a full refund of your purchase price. You have 14 days to return our Mineralair device. You will receive a full refund of the price paid for the Products (including the original delivery charge). However, you will be responsible for the cost of returning the product(s) to us. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation.
Details of the consumer rights described above, and an explanation of how to exercise them, are provided below and in the Order Confirmation. Nothing in this section affects your legal rights.
If you are returning your Product to us you must contact our Customer Services department at 0204557623 who will provide you with a printable return slip with a confirmation number to include with your return shipment, along with the address for returning the product to us. Please be sure to package the parcel securely (making sure you include a note of your name, address and returns number inside the parcel) and then return it to us. You must return the Products to us within 7 days of notifying us of the cancellation, in the same condition in which you receive them (except to the extent reasonably necessary for you to examine them). You will be responsible for the cost and risk of returning the items to us.
We advise that you take out enough postal insurance to cover the value of the contents. Please save your proof of posting and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the items to us.
You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right to claim the cost of any deterioration from you.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
If any Product you order is damaged or faulty when delivered to you, the price of the Product shall be refunded to you in full, including the cost of delivery. If you believe a Product was delivered damaged or faulty, you must inform us using the returns process set out under the paragraph above. Nothing in this section affects your legal rights.
Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
Any information on the Site regarding sizing and technical specification of products is included as a guide only. If you are in any doubt as to the size or technical specification of any product you require, we recommend that you contact us prior to placing an order (see Contact us).
The information contained on the Site is for information purposes only and may not be accurate or contain all relevant facts. You should check any information on the Site and use your own judgment before doing or not doing anything on the basis of what you see. We give no warranties of any kind in relation to the Site or its content.
Except for liability for fraudulent misrepresentation by us (but not other users), we are not liable for:
(a) any dealings you have with third parties (including but not limited to other users, advertisers or promoters) that take place using or facilitated by the Site;
(b) any losses which: (i) are not a foreseeable or likely result of your use of the Site; (ii) arise as a result of your unauthorised use of the Site (including, without limitation, a breach by you of these Terms); or (iii) were not caused by our breach of these Terms. We are not responsible if you cannot access the Site properly or at all because of any event outside our control, for example (without limitation) the performance of your ISP, your browser or the Internet.
Nothing contained in these Terms seeks to limit the liability we may have:
(i) for death or personal injury arising from our negligence;
(ii) for fraudulent misrepresentation;
(iii) for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods or Services Act 1982;
(iv) under Part 1 of the Consumer Protection Act 1987; or
(v) any other liability which cannot be excluded or limited by law.
Subject to this, in no event shall we be liable to you for any business losses. Any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
These Terms shall be governed by UK law, and you agree that any dispute between us regarding them or the Site will only be dealt with by the UK courts.
The Site is intended for users located in the United Kingdom. If you are a non-UK user of the Site, by visiting the Site, using its Services and/or providing us with any Content, you agree to comply with all applicable laws governing the Site, its Services, online conduct and acceptable Content.
Send us an e-mail or contact our Customer Services department at firstname.lastname@example.org or
Write to us at:
Phone number 020 3455 7623