Effective as of 2016-06-18
1. Sales Terms Applicability
Welcome to the online platform and marketplace at www.blueair.com ("Store") provided by Blueair AB, registration number 556534-9197, VAT number 556534-9197 with its registered office at Karlavägen 108, 115 26, Stockholm, Sweden ("Blueair"). Blueair's contact details and other information are set out in the pages of the Store.
These Sales Terms applies between the customer ("you"/"your") and Blueair, as the seller, for the purchase of Blueair hardware products ("Products") from Blueair concluded via the Store.
We reserve the right to change these Sales Terms at any time, so please review the Sales Terms each time prior to making a purchase from the Store. Every time you order Products from Blueair, the Sales Terms in force at that time will apply between you and Blueair.
2. Becoming a Customer and Ordering
For ordering the Products you must register to the Store and be at least 18 years old or sufficient legal age in your jurisdiction or residence to purchase and use the Products and to enter into this agreement.
Blueair reserves the right to approve or reject a customer before accepting the order or delivering the Products. You must provide accurate and current information upon registration and when ordering Products.
The Store is for retail sales to consumers only. Please contact Blueair if you wish to purchase wholesale supplies.
3. Information and Availability of Goods
Before ordering Products, you must ensure that the Products are fit for your intended use. You can use the information available at www.blueair.com for verifying this. If the content of the Blueair pages is different compared to information provided at another internet site or other source of information, the content of the Blueair pages at the time of purchase prevails.
Blueair does not warrant the availability of the Products. Blueair reserves the right without any prior notice or liability to change, suspend or discontinue the manufacture and sale of any Products.
4. Processing the Order and Conclusion of the Contract
Your order is an offer to purchase the Products listed in your order. Blueair may choose not to accept orders at its sole discretion, particularly notably unusual orders or orders that have not been submitted in good faith. When you place an order to purchase Products from Blueair, an e-mail confirming receipt of your order and containing the details of your order (the "Order Acknowledgement E-mail") will be sent to you. The Order Acknowledgement E-mail is acknowledgement that your order has been received, and does not confirm acceptance of your offer to buy the Products ordered. Blueair accepts your offer, and concludes the contract of sale for the Products ordered by you, when the e-mail order confirmation is sent to you (the "Order Confirmation E-mail")
We recommend that you keep the Order Confirmation E-mail for possible further use as the Order Confirmation E-mail is your receipt of the purchase.
Adyen acts as the payment service provider for Blueair. Payment can be made by authorized credit cards or by PayPal. All payments will be subject to security checks and control of the information provided by you.
Blueair retains ownership to the Products ordered until such Products have been paid in full.
6. Order Delivery and Transport
The transport of the Products and delivery to you is done by the transportation company UPS on behalf of Blueair. Upon making an order of Products you authorize Blueair to hand over the Products to the transportation company for delivery to you or to a service point.
You will pay the transport price in addition to the price for the Products as set out in the order confirmation.
The estimated time for delivery will be set out in the order confirmation. Our ambition is to deliver the Products within the estimated timeframes. We cannot however guarantee a fixed delivery time. You will be able to track your order for delivery based upon the tracking number provided in the shipping confirmation.
Our ambition is to deliver the products to you within five (5) days from the date of the order confirmation.
UPS will ask you to schedule a suitable time for delivery. If delivery is attempted within the delivery hours set out in the order confirmation and you are not present to collect the Products or you unreasonably refuse to take delivery of the Products, then UPS will make two additional attempts to deliver the Products to you. If a delivery is not made within ten (10) days the Products will be returned to the depot and the purchase cancelled. You will thereafter be refunded the purchase amount.
The Products will be insured during transport by Blueair until delivery to your provided address. The insurance is included in the price for the transportation. You should inspect the Products upon delivery for obvious errors or signs of damages or defects.
You may be requested to sign a confirmation that you have received the Products upon delivery. The title and risk for loss and damage to the Products passes to the customer when the Products have been delivered to you.
7. Prices, Taxes and Duties and Customs Policies
The price charged for the Products is the price effective at the time you place your order and the price is confirmed in the order confirmation. If the price indicated at Blueair's pages is incorrect due to a typo or other comparable mistake, the incorrect price is not binding on Blueair.
Blueair is entitled to change the prices without any notice. Changed prices apply to orders placed after the price change has become effective.
Prices and payments are in euros (EUR) or as otherwise set out in the Store.
Provided that you order the Products from a country or location belonging to the EU customs and taxation union, prices are inclusive of value added tax and excise tax.
If you order the Products from a country or location outside of the EU you may need to declare the ordered Products for customs as instructed by the local customs authority and pay the applicable customs duties, levies and taxes.
We request that you contact your customs office and ask about import regulations and restrictions as well as applicable taxes and duties before placing your order. It is important for you to become familiar with customs policies for your specific country or location before ordering. Customs regulations differ by country and not knowing the regulations can result in your order incurring high import duties and taxes, the delivery being delayed, hindered or even returned. Please check with your customs office to see if your country permits the shipment of the goods you are planning to order and if any additional licenses or permits are needed.
You are responsible for complying with the laws and regulations in the country of destination including, but not limited those regarding customs procedures and payment of the applicable duties, levies and taxes.
Please note that if the Products you have ordered are returned to Blueair due to a banned/restricted products policy, a wrong address, refusal to pay customs fees or goods seized by customs, refusal to accept the order or because you were not present to accept delivery of your order at the agreed delivery address or other such reason that is attributable to your act or omission then you are not entitled to any refund.
8. Defects in Delivery
If the Products you have received do not correspond to the Products you have ordered or in case of defective Products (other than damaged or lost during transportation), you need to contact Blueair's customer service https://www.blueair.com/enquiries without delay and latest within seven (7) days from the receipt of the Products. Blueair will rectify the non-conformities attributable to Blueair without delay. If a remedy is not undertaken by Blueair within reasonable time from the time of your complaint, you are entitled to, upon return of the purchased Products, to cancel the purchase and to recover the purchase price paid for the Products. Legal guarantee of conformity applies to the delivered Products for consumers.
9. Right of Withdrawal
As a consumer you are entitled to a right of withdrawal for Products that you have bought for your own private use. You have the right of withdrawal within fourteen (14) calendar days from the date of receipt of the Products or the last delivery of the ordered Products (in case of multiple deliveries). If you wish to exercise your right of withdrawal you must notify Blueair's customer service https://www.blueair.com/enquiries within the said fourteen (14) calendar day period by email or phone (as provided under the support section in the Store).
Should you use your withdrawal rights then the following shall apply. The Products including full packaging must be returned unused and unopened or, if opened then fully re-packaged and always provided that the Products are materially in the same condition as received and without any exterior or internal damages. You are responsible to compensate Blueair for any possible reduction of value of the returned Products.
Return of the Products must be done to the address specified by Blueair without any delay and latest within 14 days from the date of your notice of withdrawal.
When you have exercised your legal right of withdrawal as a consumer, Blueair shall refund the payment it has received for the Products. The refund is processed latest within fourteen (14) days from the receipt of your notice of withdrawal. Blueair has the right to suspend the payment of the refund until Blueair has received the returned Products or you have proved that you have sent the Products as instructed. Refund will be made to the to the card or PayPal account used for the purchase. If the purchase was made against invoice, the account number must be registered with Blueair in order to execute the refund. Registration of the account number is made during the withdrawal/return process.
You do not incur extra costs for the refund. Provided that you have met the agreed return process as instructed, Blueair will accept the transportation cost for returning the Products. Blueair's customer service will provide instructions as to the return shipment process.
If you return Products 1) that you are not entitled to return, 2) that are not in their original condition, 3) which you have otherwise failed to exercise reasonable care of, Blueair reserves the right either to reject your return and decline to refund or to deduct from those payments to be refunded to you reasonable direct costs that have been incurred, subject to the applicable law.
10. Warranty, claims and returns
In all warranty matters you should notify Blueair's customer service by email or phone. Contact details are set out at https://www.blueair.com/gb/content?fdid=customer-support
Air Purifier Units
Blueair warrants that your Blueair air purifier Products will be free from defects in material or workmanship for one (1) year from the date of purchase provided that you have replaced the filters with original Blueair replacement filters according to the manufacturer recommended filter replacement schedule listed in the Blueair User Manual. Within the first thirty (30) days of purchase Blueair will replace a defective unit at no charge to you and reimburse any shipping charges. After thirty (30) days, Blueair's obligation and liability under this Limited Warranty is limited to repairing or replacing (at its sole discretion) a defective unit and paying the freight cost of returning the unit to you. The Limited Warranty covers normal household use only and does not cover replacement filters.
To extend the Limited Warranty from one year to two (2) years, simply complete the online form for product registration at https://www.blueair.com/se/unit-registration or in the Blueair Friend mobile app.
Within the first thirty (30) days of purchase Blueair will replace a defective filter that does not conform to the product specifications at no charge to the Customer.
11. Force Majeure
Blueair is not responsible for any non-performance attributable to a cause beyond the Blueair's control that Blueair could not reasonably take into account at the time of conclusion of the agreement and the effects of which Blueair cannot reasonably avoid or overcome.
These Sales Terms set out the full extent of Blueair's obligations and liabilities in respect of the supply of the Products. To the fullest extent permitted by applicable law, Blueair disclaims any and all warranties of any kind, whether express or implied, and any conditions or other terms other than those which are expressly mentioned in these Sales Terms. In particular, Blueair will not be responsible for ensuring that the Products are fit for your intended purposes.
To the extent permitted by the applicable law, Blueair does not assume any liability, whether in contract, tort or otherwise for any special, punitive, consequential, indirect or economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings whether direct or indirect), loss of data, loss of goodwill or reputation or any other similar kind of loss or damage difficult to foresee howsoever arising. To the extent permitted by applicable law, Blueair's liability is limited to the price you have paid for the Products in question.
However, nothing in this section affects your statutory rights as a consumer and nothing in these Sales Terms excludes or limits liability which may not be lawfully limited or excluded under the applicable mandatory law, including without limitation liability arising from death or personal injury caused by negligence, or fraud.
13. Governing Law and Dispute Resolution
These Sales Terms and the transactions concluded through the Store are governed by and construed in accordance with the laws of Sweden excluding the choice of law provisions and Convention on Contracts for the International Sale of Goods (CISG).
If the dispute cannot be resolved amicably between us, and provided that you have procured Products for your own private consumption as a consumer, you can consult the consumer advisory services of the country where you are resident. If you are a consumer and resident in EU/EEA you may also consult your European Consumer Centre and the European Online Dispute Resolution platform (ODR platform) at http://ec.europa.eu/odr which is available as an alternative dispute resolution.
In the event the dispute cannot be resolved using these means, we both submit to the jurisdiction of the competent courts of Sweden with Stockholm district court as first instance. If you are a consumer and resident in EU/EEA you may bring a claim to enforce your rights as a consumer in said district court or in a competent court of the EU/EEA country where you are resident.
14. Other Terms
PLEASE NOTE THAT THESE TERMS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER WHICH CANNOT BE WAIVED OR LIMITED BY CONTRACT.