Updated on 2016-06-18
Blueair AB, a company incorporated under the laws of Sweden and its subsidiaries and affiliates (collectively,"Blueair") provides: (1) websites that may be accessed at www.blueair.com (each a "Site"), (2) services accessible through the Sites ("Website Services"), online store ("Store") and (3) software that may be downloaded to your smartphone or tablet to access services ("Mobile Apps"), all for use in conjunction with Blueair hardware products ("Products") and in other ways that Blueair provides. Some Blueair products and Services can be used together or in ways that integrate with products and services from third parties. The term "Services" means the Sites, Website Services, Store and Mobile Apps.
These Terms of Service ("Terms") govern your access to and use of the Services. By using the Services, you represent that you are at least 18 years old, or that you are at least the minimum legal age to enter into a contract in the country in which you are using the Service. These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you. Blueair may change, modify and update these Terms at any time. You should ensure that you have read and agree with the current Terms when you use the Services. Your continued use of the Services following the posting of changes of the Terms shall indicate your acknowledgement of such changes and agreement to be bound by the revised Terms.
BY ACCESSING AND USING THE SERVICES (INCLUDING THE SITES, WEBSITE SERVICES, STORE AND MOBILE APPS), YOU ARE ACCEPTING AND AGREEING TO THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE SERVICES.
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE SERVICES AND OF THE PRODUCTS CONNECTED TO THE SERVICES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SERVICES.
Privacy notice and other Terms
To use certain parts of the Services, you must register for a user account ("Account") and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to immediately notify Blueair of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Blueair is not liable for any loss or damage arising from your failure to comply with the above requirements.
Access to Services
(a) Limited right to use. Subject to these Terms, Blueair grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services by (i) using the Website Services in connection with, and solely for the purpose of, controlling and monitoring the Products installed on your property or otherwise accessing the Service explicitly provided by Blueair for your use (the "Permitted Purpose"), (ii) accessing and using the Store for purpose of ordering and purchasing the Products for personal and non-commercial use (ii) installing and using the Mobile Apps solely on your own handheld mobile device (e.g., iPhone, iPad, or Android smartphone) and solely for the Permitted Purpose, and (iii) if separately authorized, access third-party services through an interface provided by Blueair.
(b) Automatic Software Updates. Blueair may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the Products ("Updates"). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Product. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services and the Product and you agree to promptly install any Updates Blueair provides. Your continued use of the Services and the Product is your agreement to these Terms with respect to the Services.
(d) Certain materials may be displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, video, images, and illustrations ("Content"). The Content also includes information that you and other users provide us in the course of using the Services (collectively, "User Submissions"), which we may use to provide, maintain and improve the Services. Some content may be visible to others (for example, the Service may allow you to upload, post, or otherwise share content). You may also post feedback, comments, questions, or other information on the Sites. You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, or that you contribute in any manner to the Services; you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it; and you license to Blueair all proprietary rights in and to such Content for publication on the Service pursuant to these Terms. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. Blueair reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all.
(e) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (iii) you agree not to access the Services in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Product, or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by Blueair; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
(f) Open Source. Certain items of independent, third-party code may be included in the Website Services and/or Mobile Apps that are subject to open source licenses ("Open Source Software"). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.
(h) Security. Blueair cares about the integrity and security of your personal information. However, Blueair cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
(i) Modification. Blueair reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Blueair will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
(j) Access Outside Certain Countries. Although the Sites and Mobile Apps are accessible worldwide, the Products and Services provided or accessed through Mobile Apps or on the Sites are not available to all persons or in all countries. If you choose to access the Sites from outside a country in which Blueair supports the Product and Services, 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 Mobile Apps and Sites are not designed for use outside a country in which Blueair supports the Product and Services and some or all of the features of the Mobile Apps and Sites may not work or be appropriate for use in such a country. To the extent permissible by law, Blueair accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Mobile Apps and Sites or Blueair Products outside a country in which Blueair supports the Product and Services. You will be bound by these Terms wherever you access or use the Mobile Apps and Sites or use the Services.
Usage and Limitations
(a) Intended Use of Blueair Services. The Services are intended to be accessed and used for non-time-critical information and control of Blueair Products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Blueair's control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Blueair is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications.
(b) Temporary Suspension. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. Blueair does not offer any specific uptime guarantee for the Services.
(c) The Services provide you information ("Product Information") regarding the Products in your home and their connection with other products and services. All Product Information is provided "as is" and "as available". We cannot guarantee that it is correct or up to date.
(d) All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such Content originated and Blueair will not be liable for any errors or omissions in any Content. Blueair cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we cannot guarantee the authenticity of any data that users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You hereby release us from all liability for you having acquired or not acquired Content through the Services.
(e) You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Blueair; (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (vi) jeopardizes the security of your Blueair Account or anyone else's Account (such as allowing someone else to log in to the Services as you; (vii) attempts, in any manner, to obtain the password, account, or other security information from any other user; (viii) violates the security of any computer network, or cracks any passwords or security encryption codes; (ix) runs Maillist, Listserv, or any form of auto-responder or "spam" on the Services, or any processes that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure); (x) copies or stores any significant portion of the Content; or (xi) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
(a) General. Blueair Services rely on or interoperate with third party products and services. These third-party products and services are beyond Blueair's control, but their operation may impact or be impacted by the use and reliability of the Blueair Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers, (ii) these third party products and services may not operate in a reliable manner 100% of the time, and they may impact the way that the Blueair Services operate, and (iii) Blueair is not responsible for damages and losses due to the operation of these third party products and services.
(b) Third-party Service Providers Used By Blueair. You acknowledge that Blueair uses third-party service providers to enable some aspects of the Services – such as, for example, data storage, synchronization, and communication and mobile device notifications through mobile operating system vendors and mobile carriers.
(d) Third-party Products and Services that Work With Blueair Services. Blueair may provide the opportunity for you to interface to Third Party Products and Services. You acknowledge that Third Party Products and Services that you connect to your account or interface with are not Blueair products and services and you acknowledge and agree that Blueair does not control, and that these Terms do not apply to, any Third Party Products and Services. Use of any Third Party Products and Services is governed by separate terms and conditions provided by the operator(s) of the applicable Third Party Products and Services. You acknowledge and agree that Blueair makes no representation or warranty about the safety of any Third Party Products or Services. Accordingly, Blueair is not responsible for your use of any Third Party Product or Service or any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to your use of any Third Party Products or Services. You should contact the Third Party with any questions about their Products and Services.
(e) App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third-party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Play Store from Google (each an "App Store"). You acknowledge that these Terms are between you and Blueair and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
(f) Third-party Website Links and Referrals. The Sites may contain links to other web sites operated by third parties ("Third Party Sites") and referrals to third-party vendors ("Referred Vendors"). Such third-party Sites and Referred Vendors are not under our control. Blueair provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites or Referred Vendors. Your use of these third-party Sites is at your own risk.
(g) Release Regarding Third Parties. Blueair is not responsible for third parties or their products and services, including, without limitation, the App Stores, Third Party Products and Services, third-party Sites, Referred Vendors, Equipment, ISPs, and Carriers. Blueair hereby disclaims and you hereby discharge, waive and release Blueair and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.
Intellectual Property Rights
(a) Blueair Property. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Product and Services (i.e., the Sites, Website Services and Mobile Apps) are owned by Blueair or its affiliates or our licensors. Your possession, access, and use of the Product and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Blueair and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.
You may only copy parts of the Services (including this Site) on to your own computer for your own personal use. You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own web site without the written consent of Blueair. You must have a license from Blueair before you can post or redistribute any portion of the Services. Other than with respect to User Submissions, Blueair retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein.
(b) Feedback. You may choose to, or Blueair may invite you to submit comments, suggestions, or ideas about the Products or Services, including how to improve the Products or Services ("Ideas"). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Blueair under any fiduciary or other obligation. Blueair may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Blueair does not waive any rights to use similar or related ideas previously known to Blueair, developed by its employees, or obtained from other sources.
(c) User Submissions. You hereby grant us with a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right to access, display, or otherwise use your User Submissions (including all related intellectual property rights) solely in connection with providing you the Services and as directed by you. You also hereby do and shall grant each user of the Services a non-exclusive license to access and use your User Submissions through the Services and as permitted through the functionality of the Services and under these Terms. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license granted to Blueair does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing.
You agree to defend, indemnify and hold Blueair and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys' fees) made by any third party due to or arising out of (i) your use of the Products or Services, (ii) your violation of these Terms, (iii) any User Submissions or Feedback you provide; or (iv) your violation of any law or the rights of any third party. Blueair reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Blueair and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Blueair's prior written consent. Blueair will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
(a) THE WARRANTY FOR THE PRODUCT ARE SET FORTH IN THE LIMITED WARRANTY www.blueair.com/warranty.
(b) THE SERVICES (I.E., THE SITES, WEB SERVICES, STORE AND MOBILE APPS) ARE PROVIDED FOR YOUR CONVENIENCE, "AS IS" AND "AS AVAILABLE" AND BLUEAIR AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
(c) BLUEAIR AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLUEAIR OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY.
(d) BLUEAIR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE PRODUCTS OR SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BLUEAIR WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.
(e) WHEN YOU INSTALL, SETUP OR USE PRODUCTS AND SERVICES LIKE THOSE PROVIDED BY BLUEAIR YOU ARE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO NON-RECOMMENDED OPERATION OF YOUR CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS OR SET OR ADJUST DEFAULTS.
(f) BLUEAIR MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND BLUEAIR WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. BLUEAIR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.
Limitation of Liability
Nothing in these Terms 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 (i) BLUEAIR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES OR THE PRODUCTS, EVEN IF BLUEAIR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (ii) BLUEAIR'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO BLUEAIR OR BLUEAIR'S AUTHORIZED RESELLER FOR THE SERVICES OR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. BLUEAIR DISCLAIMS ALL LIABILITY OF ANY KIND OF BLUEAIR'S LICENSORS AND SUPPLIERS. UNDER NO CIRCUMSTANCES WILL BLUEAIR BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
Fees and Payment
Certain aspects of the Services may be provided for a fee. You shall pay all applicable fees, as described on the Sites, or in connection with such Services selected by you. Blueair reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Service. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder for Services are non-refundable. If you have purchased your Product from us, please refer to your Product documentation for returns and warranty information, or contact support.
Term and Termination.
(a) These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, Blueair may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if Blueair in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms or rules. If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or Services under your Account (as described below) and will need to register for a separate Account with Blueair.
(b) Effect of Termination. Upon termination of these Terms, your Account and your right to use the Services will automatically terminate.
(a) Contact Blueair first. If a dispute arises between you and Blueair, our goal is to learn about and address your concerns. You agree that you will notify Blueair about any dispute you have with Blueair regarding these Terms or our Products or Services by contacting Blueair.
(b) Dispute Resolution and Governing Law. Any dispute, claim, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Products or Services, or the breach, termination or validity thereof, shall be governed in all respects by Swedish law, without regard to its conflict of law provisions, and shall be resolved in the district court of Stockholm, Sweden. The European Commission provides for an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please contact Blueair directly.
(c) Notwithstanding the foregoing, Blueair 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
(a) Entire Agreement/Severability. These Terms constitute the entire agreement between you and Blueair regarding the use of the Services. Any failure by Blueair to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
(b) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Blueair's prior written consent. These Terms may be assigned by Blueair without restriction. These Terms are binding upon any permitted assignee.
(c) Notifications. Blueair may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, hard copy, or posting of such notice on www.blueair.com .
Sales Terms Applicability
Welcome to the online platform and market place at www.blueair.com ("Store") provided by Blueair AB, registration number 556534-9197, VAT number 556534-9197 with its registered office at Danderydsgatan 11, 114 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.
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.
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.
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.
Order Delivery and Transport
The Products will be delivered to the address that you have provided in your order of the Products. 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.
The price for the transport to you of the ordered Products will be calculated based on the delivery address information that you provide when the order is placed. 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.
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.
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.
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.
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/enquiries
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.
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.
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.
PLEASE NOTE THAT THESE TERMS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER WHICH CANNOT BE WAIVED OR LIMITED BY CONTRACT.
Blueair Air Purifiers
Blueair warrants that your Blueair air purifier will be free from defects in material or workmanship for [[WARRANTY_YEARS_WORD]] ([[WARRANTY_YEARS]]) 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 [[COUNTRY_TIME_UNTIL_REPLACEMENT]] days of purchase Blueair will replace a defective unit at no charge to you and reimburse any shipping charges. After [[COUNTRY_TIME_UNTIL_REPLACEMENT]] 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 [[EXTENDED_WARRANTY_YEARS_WORD]] ([[EXTENDED_WARRANTY_YEARS]]) years, simply complete the online form for product registration at [[UNIT_REGISTRATION_URL]] or in the Blueair Friend mobile app.
Blueair warrants that your Blueair AwareTM air quality sensor will be free from defects in material or workmanship for one (1) year from the date of purchase, provided that you have followed the instructions provided in the owner's manual in regards to user handling and cleaning. The warranty covers normal household use in normal indoor environment. Blueair will replace a defective unit at no charge to you and reimburse any shipping charges.
To extend the Limited Warranty from one year to [[EXTENDED_WARRANTY_YEARS_WORD]] ([[EXTENDED_WARRANTY_YEARS]]) years, simply complete the online form for product registration at [[UNIT_REGISTRATION_URL]] or in the Blueair Friend mobile app.
Obtaining Warranty Service
In the event of a malfunction or failure of your Blueair air purifier, please contact your local dealer or Blueair directly for further assistance.
Your Limited Warranty remains in effect only if your Blueair air purifier:
- Is operated in accordance with the instructions provided.
- Has had its filter changed with original Blueair replacement filters according to the manufacturer recommended filter replacement schedule listed in the Blueair User Manual.
- Is connected to a proper power supply (see voltage label on machine).
- There is no evidence of tampering, mishandling, neglect, accidental damage, modification, and/or repair done to the Blueair air purifier by anyone other than authorized Blueair service personnel.
- Your warranty registration has been completed and returned to Blueair.
Limitation or Liability and Remedies
This Limited Warranty is provided by Blueair AB.
BLUEAIR DISCLAIMS ANY EXPRESS WARRANTY NOT PROVIDED HEREIN AND ANY IMPLIED WARRANTY, GUARANTEE OR REPRESENTATIONS AS TO THE SUITABILITY FOR ANY PARTICULAR PURPOSE, PERFORMANCE, QUALITY AND ABSENCE OF HIDDEN DEFECTS, AND ANY REMEDY FOR BREACH OF CONTRACT, WHICH BUT FOR THIS PROVISION, MIGHT ARISE BY IMPLICATION, OPERATION OF LAW, CUSTOM OF TRADE OR COURSE OF DEALING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS PROVIDED IN THIS AGREEMENT, BLUEAIR FURTHER DISCLAIMS ANY RESPONSIBILITY FOR LOSSES, EXPENSES, INCONVENIENCES, SPECIAL, INDIRECT, SECONDARY OR CONSEQUENTIAL DAMAGES ARISING FROM OWNERSHIP OR USE OF THE PRODUCTS.
This Limited Warranty gives you specific legal rights. Warranty provisions may vary from country to country. For details, please refer to the detailed warranty conditions provided by the Blueair distributor in your country of purchase.