THE RULES OF THE GAME

THANK YOU for visiting our website and showing interest in buying our product(s).

Although we realize it is a lot of text, it is important for you to read it carefully before you proceed to make your purchase, as we explain the "Rules of the Game" that apply to both you and us for both the use of our website as well as for a purchase of our product (s).

By visiting our websites, and buying product (s) from us, you indicate that you have read and understood these "Rules of the Game" and that you agree with them.

Factual and specific rules such as delivery costs, delivery times but also the regions where we do or do not deliver our product (s) to can all be found on our website under our Frequently Asked Questions ("FAQ").

We have written down the "Rules of the Game" in a simple and transparent manner.

THE RULES OF THE GAME..

1. Who can order product (s) via the website?

2. When can I order product (s) via the website?

3. How does the order procedure work?

4. When don’t we execute your order?

5. What prices does bi-air.com use?

6. How do I pay for my product (s)?

7. How does the delivery of my product (s) work?

8. I want to cancel my order; what must I do?

9. What is my warranty if the product (s) is defective?

10. How do I return my product (s) to bi-air.com?

11. How do I contact bi-air.com?

12. How does bi-air.com deal with my privacy?

13. What are bi-air.com’s rules on sending electronic messages?

14. Does bi-air.com use cookies on its website?

15. What forms of security does bi-air.com apply?

16. What are the “Rules of the Game” concerning intellectual property rights?

17. How far does bi-air.com’s liability go?

18. What other rules of the game are there?

 

You can consult the “Rules of the Game” online, download and print them or request them by email from our customer service team.

Who are we? We use “We”, “our” or "bi-air.com" for convenience sake to refer to the company of www.bi-air.com/

Should anything be unclear nevertheless, or should you have any questions, you can always contact our customer service team.

 

1. Who can order product (s) via the website

We only sell our product (s) to end users and/or consumers with a valid address in the region in which we deliver our product (s). End users and/or consumers are persons who use the product (s) for their own use and do not resell them. We reserve the right to refuse the sale of our product (s) to other retailers or bulk buyers.

 

2. When can I order product (s) via the website?

Even though anyone can visit our website, product (s) can only be purchased by end users and/or consumers aged 18 or over, or when you have permission from your parent or legal guardian.

Unfortunately, it is not yet possible to ship our online product (s) to every country or region. Please check our website for the countries and regions where we do ship our product (s) to.

 

3. How does the order procedure work?

Of course we are very pleased that you decided to order our product (s).

Placing an order via our website is easy and consists of the following steps:

1. search for the product (s) you would like to order via the menu or the search function;

2. add the product (s) you like to order to your shopping cart by clicking on "Add to shopping cart ";

3. proceed to "Order" – If you already have a bi-air.com account, please login. If not you can create your own account by registering on our website;

4. in case you order as a guest without creating an account, please fill in all necessary information (such as your name, address, email address and telephone number) - check your information and your order before making it final;

5. choose the desired shipping option (standard or express);

6. choose one of the possible methods of payment;

7. before you place an order we need you to confirm that you have read our “Rules of the Game” and agree to them;

8. click the button "Buy" in order to purchase and pay for the product (s) (you have now entered into a binding obligation);

9. if you have chosen cash on delivery, the order procedure has been completed;

10. if you choose another method of payment, you must complete the payment in the manner of payment chosen by you. As long as you have not completed the payment, the product (s) will not be reserved but as soon as we have received the payment from your bank, the order will be executed. This means that if you wait too long in making the payment, the risk increases that the product (s) will no longer be available;

11. you will receive an email with all the particulars of your purchase; and

12. as soon as we have shipped your product (s), you will receive a confirmation of shipment by email.

 

4. When may we cancel your order?

We are entitled to refuse or cancel your order. However, we must have a justified reason for doing so. Examples of situations in which we can refuse an order or cancel a purchase include, but are not limited to:

1. an obvious error or other incorrectness with regard to a product (s) offered by us;

2. the product (s) is not available or in stock; if this is so, we will inform you as soon as possible and will not process the order;

3. your invoice information is not correct or is impossible to verify;

4. we have reason to believe that your order or payment is fraudulent;

5. there is suspicion of credit card or debit card fraud;

6. we cannot deliver to the address stated by you;

7. we have reason to believe that you are not an end user and/or consumer;

8. you are under 18 years of age; or

9. no full payment is made.

In the above cases, we are not liable for damages or costs as a result of the refusal or cancellation of your order.

 

5. What prices does bi-air.com use?

The prices on our website are consumer prices and include VAT but exclude shipping costs.

The prices only apply to purchases via our website and may differ from the prices that are used for the same product (s) in a bi-air.com store. The final price to be paid will be displayed on the checkout page.

Not all product (s) and offers that are offered on our website are also available in bi-air.com stores and vice versa.

Promotions or discounts on the website cannot be used in combination with other promotions, offers or discounts. Promotions and offers only apply to purchases made via our website.

The costs and the expected delivery date of your product (s) will be clearly mentioned for your order.

 

6. How do I pay for my product (s)?

In principle, we will only process and deliver your order after receipt of the payment, unless you have chosen for cash on delivery (if this option is available in your country).

bi-air.com accepts various methods of payment including credit and debit cards. Additionally, we offer the most commonly used payment method in a particular country; these are clearly listed on our website.

We accept no other methods of payment than those mentioned on our website.

We remain owner of the product (s), until you have paid for the product (s) in full.

 

7. How will my product (s) be delivered?

We deliver the order at the address that has been given by you when placing your order. Where we are unable to deliver to your address, we may:

1. divert and deliver to your neighbor;

2. make another delivery attempt at a later date; or

3. deliver your parcel at a local pick up point

The times of delivery mentioned by us are only indications and are not guaranteed. The latest time of delivery is 30 days. We try to inform you about any delays, in so far as possible. In so far as permitted by law, we are not liable for any damages as a result of late delivery.

Important: once you have accepted the parcel (without reporting any damage to us), the risk of loss, damage or reduction in value of the product (s) is at your expense and risk. This means that if the product (s) is lost or damaged after you have accepted it, you are responsible for that loss or damage and you will therefore have no right to a refund of your money from us.

 

8. I want to cancel my order; what must I do?

Although we would regret this very much, you are entitled to cancel any order and without giving a reason. There are a number of special rules for this, which we will explain in more detail below. It makes a difference whether the product (s) have already been sent to you or not.

If the product (s) have been passed on to our warehouse for shipment, you can cancel your order via the website otherwise please contact our customer service for cancelation. Via the website you can simply cancel your order by selecting the “return complete order button.

 

9. What is my warranty if the product (s) is defective?

As a consumer you are entitled to the statutory warranty in the country where you live. These “Rules of the Game” do not affect your legal warranty rights. If one of the rules in the “Rules of the Game” differs from the warranty rights to your disadvantage, the relevant rule does not apply, but the law in the country where you reside applies instead.

Under the legal warranty you may expect a product (s) to:

1. be free of defects at the time of delivery;

2. comply with what has been agreed upon, what is stated in our offer; and

3. possess the properties that are necessary for normal use of the product.

If unexpectedly a product (s) delivered by us nevertheless has a defect or does not comply with the legal warranty in another way, we kindly ask you to inform our Customer Service of this defect as soon as possible.

To give us a better chance to solve possible problems we ask you:

1. to state clearly to us what the defect or problem with the product (s) is; and

2. to include several pictures of the product (s) clearly showing the defect and overall state of the product (s).

We will then review the product (s) and advise you of the next steps. In the case of a well-founded claim under the warranty, we will refund you the purchase price. If a delivered order is returned in full, we also refund the standard shipping costs paid by you.

Important: if only part of an order is returned, the shipping costs are not refunded.

 

10. How do I contact bi-air.com?

We aim to deliver excellent service, both online and offline. Integrity, excellence, service, teamwork and community form part of our core values. If your experience with us is not of the quality we aim for, please let us know. Tell your story and do not forget to mention which store or Customer service representative you had your experience with.

You may contact our Customer Service Team by email and post. You can find our contact details on our website (www.bi-air.com). Please note that the contact details may differ per country.

 

11. How does bi-air.com deal with my privacy?

bi-air.com considers the protection of your privacy to be very important. That is why we want to inform you regarding how we handle the data provided by you to us and what you may expect from us.

If you make a profile on our website you agree that we may collect data in accordance with the provisions of these “Rules of the Game”. In this respect, we would like to point out that we do not collect data specifically related to children.

Before making a profile and/or placing an order, you explicitly agree that we may store, process and use the data collected on our website. These data may also be shared and disclosed to all the businesses that form part of the bi-air.com group in Europe.

The information obtained by us about our customers help us to personalize and continuously improve your shopping experience with us. We use the information for handling orders, dispatching product (s), processing payments, our communication with you and the prevention or detection of fraud.

In addition, we may share some data with carefully selected third parties that help us to provide certain services, such as technical and logistical support and other tasks. Other services provided by third parties include amongst others the processing of credit card/debit card payments, credit institutions, shipments, customer service and marketing services. By ordering via our website, you give us permission to perform credit checks and any other checks to assess and guarantee correct payment, the correctness of the postal address and to prevent fraudulent transactions.

By ordering via our website, we may pass on your personal data to the financial institution that processes the relevant payment method or a payment intermediary. The intermediary only uses the data to process your payment order.

We may also ask you for additional information, for instance if you participate in a competition or another promotional campaign on our website.

If you want to order product (s) from our website, you can do so as a guest.

In addition, personal data may be exchanged with our website hosting partners and others that help us to operate the website or perform activities for us. Before exchanging your personal data with our hosting partners, they must agree that they will handle your personal data safely and confidentially.

We may disclose your personal data if this is required by the law or to protect our rights or the rights, property or security of others.

We may also use your data for statistical purposes. This data is more general in nature, and cannot be traced back to you.

We do not sell data about you as a person or about your personal use of the website.

You are entitled to change the data that we save about you via the profile you create. You are also entitled to inspect the data saved by us. In order to receive a copy of this data, you may contact the Customer Service Team. We may charge a small fee for administrative expenses. Moreover, you are entitled to request that we completely delete any personal data held by us, in as far as we do not need this data for statutory or tax reasons.

Finally, you may find links to other websites on our own website. Our privacy policy does not apply to these other websites. We are not responsible for the content of other websites and the method of operation of these third party websites.

 

12. What are bi-air.com’s rules on sending electronic messages?

If you want to receive electronic messages from us, you must indicate this explicitly and agree to it. Only then, will you receive emails about our new product (s), the newsletters of bi-air.com and information about offers, competitions, promotions, events and other initiatives. We may also send you personalized marketing material and emails.

If you no longer wish to receive information or advertisements from us, please contact our Customer Service Team.

 

13. Does bi-air.com use cookies on its website?

A "Cookie" is a small data file that is sent from a webserver to your browser and that is stored on the hard disc of your computer. A cookie contains specific information, for example a unique ID number that keeps track of the webpage(s) visited by you. With this unique number we can keep track of your orders while you shop on our website. In addition, cookies recognize whether you are a registered user, as a result of which we can offer you information that may be important to you in particular.

If you do not register and do not buy anything from us, it is still possible that we save information about you on our website in order to improve our website. Such use, like the number of times that our website is visited and which pages are viewed, cannot be traced back to individual users. This information is only intended for internal use to improve the provision of our services.

Although cookies are accepted and saved automatically by most browsers, you may in general change the settings of your browser in such a manner that this does not happen or does not happen automatically. It may however be that you have to set your browser to accept both (functional) cookies and pop-ups to be able to use all the functionalities of the website, including adding product (s) to your shopping cart and placing an order.

 

14. What forms of security does bi-air.com apply?

bi-air.com has implemented specific security measures for the protection against loss, abuse or the adjustment of information provided by you. All personal data, including credit card numbers sent over the Internet are encrypted with the use of SSL (Secure Socket Layer), Secure Server Certification Authority RSA Data Security Inc. US and a VeriSign SSL, by which transactions performed via the internet are secured. VeriSign, Inc. is a leading provider of Public Key Infrastructure and digital certification solutions used by many companies, websites and consumers to exchange information over the internet and private networks in a safe manner.

The browsers that support placing orders with the use of SSL /TLS Technology include Google Chrome 51 and higher; Microsoft Internet Explorer 11 and higher; Mozilla Firefox 47 client for PCs; and the Safari 9.1 client for Macs; Mobile Safari and Google Chrome for mobile. If you use an older version of these browsers or another browser which does not support the performance of secured transactions or if your computer forms part of a LAN (local area network) on which a firewall is installed which prevents the performance of secured transactions, you cannot perform secured transactions. If this is the case, we kindly ask that you choose one of the offline methods of payment to place your order.

If you make use of our website you are responsible for keeping your profile and password confidential and for limiting access to your computer to prevent the unauthorized access to your profile. You accept that you are responsible for all the activities that take place in your profile or with the use of your password.

 

15. What are the “Rules of the Game” concerning intellectual property rights?

Our brands and intellectual property rights are very important to us. We also make use of the intellectual property rights of other parties that deliver material to us for our website and communications. For example, the suppliers of the product (s), photographers and copywriters. We would like both you and us to handle these rights with due care.

These rights do not only include all product (s), service and corporate names used, but also texts, images, illustrations, design of the website and logos.

That is why it is important that you only use the information on the website for you personally and not for commercial purposes. It is allowed to make an electronic copy or paper copy from parts of the website, but only in connection with the placement of an order with bi-air.com or to create a profile.

If you want to use our material for another application, you need our explicit permission in writing for this in advance.

If you nevertheless use this information without our permission, this infringes our rights and/or rights of third parties as explained above. In that case we are entitled to call you to account and hold you responsible for damage and request compensation from you.

 

16. How far does bi-air.com’s liability go?

For our product (s):

In the unlikely case that we do not fulfil our obligations with you correctly, we are responsible for the direct damage resulting from it up to the maximum amount that you paid for the product (s) concerned.

However, bi-air.com is responsible for the damage resulting from the inadequate performance in the case of:

1. death or physical injury;

2. intent or wilful recklessness of bi-air.com itself and/or its management; and

3. any other damage for which the liability cannot be statutorily excluded or limited.

It may always happen that we are unable to meet our obligations because something happens beyond our control. We call this “force majeure”. If it is a question of force majeure, we are also not responsible for any costs and damage resulting from it.

For the use of our website:

We are not responsible for the content of websites that may be visited through links on our website. The use of links and visiting other websites occur entirely at your own risk. Other websites may contain links or frames to our website. We are not responsible for any damage resulting from such a link or frame.

Although we take reasonable precautionary measures to keep our website free from viruses, we do not accept any liability for damage resulting from a virus on or passed on through our website.

 

17. What other Rules of the Game are there?

Finally there are a number of general standard rules which are important to note. We list them below:

1. The use of the website and all the orders, purchases and other transactions via the website are subject to Dutch law, also if an obligation is performed fully or partially abroad or if you reside in another country.

2. In the unlikely event that you believe that you have to go to court to solve a problem, you may do so in the country in which you reside or in the Netherlands.

3. If you visit our website or send us an email, you communicate with us electronically. For contractual reasons you agree to receive notifications in an electronic manner and you agree that written communication also means any form of electronic communication (for instance email). This provision does not affect your statutory rights.

4. The content of your purchase agreement is not saved by us. You will receive a confirmation of your purchase agreement by email and you must save this yourself for any later consultation.

5. These “Rules of the Game” are applicable unless mandatory statutory provisions oppose this. If any part of these “Rules of the Game” must be considered not valid for any reason whatsoever, this does not affect the validity of the remaining part of the “Rules of the Game” and this remaining part is considered to remain in full force and effect.

6. We reserve the right to change these “Rules of the Game” at any time without prior notification, whereby the new amended “Rules of the Game” take effect at the time of placement on the website.