Terms & Conditions

Welcome to RENSAIR US. We are a United States distributor of RENSAIR air purification products. Please read these Terms and Conditions (these “Terms”) carefully because they govern your use of online interfaces  owned and controlled by us, including  www.rensairus.com (collectively referred to herein as the “Site”), and the purchase and use of the products available on our Site  (the “Products”). To make these Terms easier to read, the Site and the Products are collectively called the “Services”. By using our Services, you agree to be bound by these Terms, and you agree that these Terms are supported by good, valuable and sufficient consideration (which includes your use of the Site and the materials and information available thereon). Please read these Terms carefully as they affect your legal rights.  If you do not agree to be bound by these Terms, please do not use any of our Services.

 

We may modify these Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other communications. It is important that you review the Terms whenever we modify them because if you continue to use our Services or if you purchase Products after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use our Services or purchase Products anymore. Because the Products are still being developed and our Services are evolving over time, we may change or discontinue all or any part of the Services (including certain Products), at any time and without notice, at our sole discretion.

ARBITRATION NOTICE: By using the Services, you agree and consent that any claim or dispute BETWEEN YOU AND RENSAIR US relating in any way to your use of the Services will be decided exclusively through binding, individual arbitration, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW.   You ARE WAVING your right to a trial by jury and your right to participate in class action lawsuits or class-wide arbitration. Further information is provided in the “Dispute Resolution” Section below.

Account Registration

You may order Products and use the Services only if you are 18 years or older and capable of forming a binding contract with RENSAIR US and are not barred from using the Services under applicable law. If you want to purchase the Products and use certain features of the Services you will have to create an account (“Account”). It is important that you provide us with accurate, complete and up-to-date information for your Account and you are responsible for updating such information, as needed, to keep it accurate, complete and up-to-date. You are responsible for all activities that occur under your Account, whether conducted by you or by someone else with access to your Account. By registering for or creating an account, you are agreeing to receive marketing emails from us. You can opt out from receiving future marketing emails from us by using the unsubscribe link found at the bottom of the email.

Online Orders

You can purchase the Products via our Site.  When you click "Checkout”, your payment will be processed by Shopify, a third party vendor which operates under a separate terms and conditions and privacy policy with respect to your online payment transaction and associated information.  We reserve the right to change payment processors from time to time.

Order Acceptance

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. You will be charged at the time of your order unless the terms of the order indicate otherwise. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in the Products or pricing information, or problems identified by our credit and fraud avoidance department. We will contact you if all or any portion of your order is canceled. If your order is canceled after any payment has been received from you by RENSAIR US, we will issue a credit or refund to you in an amount equal to the payment we have previously received.

Delivery of Products

We will use reasonable commercial efforts to deliver the Products within  our standard 14-day timeline unless we notify you otherwise. You understand that all scheduled shipment dates are estimates only. We will make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery. Title and risk of loss for Products purchased from our Services pass to the purchaser upon our delivery of the Products to the purchaser.

In case of any unforeseen delay, RENSAIR US will keep you updated and communicate progress using the email address associated with your Account. In the event of inconvenience due to any unforeseen delay in the timeline, please send an email to:  info@rensairus.com and we will make reasonable efforts to resolve your issue.

Refund Policy

Purchase of Products from our Services is non-refundable. Each Product comes with a 12-month warranty as described in more detail below. Please reach out to info@rensairus.com for more information and the complete terms and conditions for warranty replacements.

Ownership of the Services

All contents of the Services, including without limitation, the text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available on or through the Services are collectively referred to as “Content”. The Services and Content, and all associated intellectual property rights are the sole and exclusive property of RENSAIR US and/or its licensors, and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by RENSAIR US. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in Content Granted by RENSAIR US

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

General Prohibitions

You agree not to do any of the following:

 Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Feedback

We welcome feedback, comments and suggestions for improvements to the Products and our Services (“Feedback”). You can submit feedback by contacting us at info@rensairus.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Export Policy and Restrictions

You acknowledge that the Products and Content which are sold or licensed on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the Products are manufactured and/or received. By purchasing Products or downloading or using technology or software on our Site, you agree to abide by the applicable laws, rules and regulations and you represent and warrant that you will not transfer, by electronic transmission or otherwise, any software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any Products, you agree that you will not use any Products, or provide Products to any person, who is forbidden from receiving the Products under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury, U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You agree to defend, indemnify and hold RENSAIR US and its officers, directors, employees, agents and affiliates harmless from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.

Termination

We may terminate your access to and use of the Services (unless you have purchased a Product, in which case we will ship your Product or refund you the purchase price as indicated above), at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by contacting us as described below.

Product Warranties

The manufacturer warrants that for a period of twelve (12) months from the date of delivery, the Products will (i) conform with their description; (ii) be free from defects in design, materials and workmanship under normal use in accordance with the documentation provided with the Product; (iii) comply with all United States regulations applicable to the Products; and (iv) be of satisfactory quality and fitness for their intended use. RENSAIR US, as distributor of the Products, can arrange for replacement of defective Products on behalf of its customers. In the event of a defect, please email info@rensairus.com for return instructions. Our policy is to honor product warranties only on Products purchased directly from RENSAIR US, and only if accompanied by a receipt or proof of purchase.  Shipping charges may apply except where prohibited by applicable law.

RENSAIR US’s sole obligation under this warranty will be to arrange for the replacement of a defective Product, which will be warranted for a new twelve-month period from the date of delivery of the replacement. This warranty does not apply to Products damaged by misuse, accident, electrical disturbance or normal wear and tear. The Product is not designed for or warranted against damage from use in areas subject to extreme temperature, excessive moisture, or other inherently hazardous environments.

Please note that no warranties, representations or guarantees ARE expressED or implied that the Products eradicate viruses, bacteria, or other pathogens from the surrounding environment entirely. ANY AND ALL LIABILITY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE PRESENCE OF VIRUSES, BACTERIA OR OTHER PATHOGENS IN A LOCATION WHERE THE PRODUCTS MAY BE SITUATED IS HEREBY EXPRESSLY EXCLUDED.

ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THIS WARRANTY. EXCEPT FOR THE LIMITED EXPRESS WARRANTIES SET FORTH ABOVE, RENSAIR US DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.

Medical Advice Disclaimer

THE PRODUCTS ARE NOT INTENDED FOR USE IN THE TREATMENT OR MANAGEMENT OF ANY DISEASES OR CONDITIONS, AND SHOULD IN NO WAY BE CONSIDERED A REPLACEMENT FOR MEDICAL ADVICE AND ACTION IN ORDER TO CURE, TREAT, OR PREVENT DISEASES OF ANY NATURE.

Please seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. RENSAIR US does not recommend or endorse any specific physicians, procedures, products (including our Products), opinions or other information that may be included on the Site; the same are only for informational purposes. Reliance on any information appearing on the Site, whether provided by RENSAIR US, its content providers, the visitors to the Site or others, is solely at your own risk.

Limitation of Liability

NEITHER RENSAIR US NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, PRODUCTS OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RENSAIR US HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL RENSAIR US’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR THE PRODUCTS GIVING RISE TO THE LIABILITY DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

Dispute Resolution

Governing Law. These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.

Agreement to Arbitrate. You and RENSAIR US agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide RENSAIR US with written notice of your desire to do so by regular mail at US RENSAIR PARTNERS, LLC, Attn:  Legal Department, 2 Bridge Street, Suite 210, Irvington, NY 10533, within thirty (30) days following the date you first access the Services (such notice, an “Arbitration Opt-out Notice”). If you do not provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide RENSAIR US with an Arbitration Opt-out Notice, will be the state and federal courts located in the Southern District of New York, Westchester Division, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide RENSIAR US with an Arbitration Opt-out Notice, you acknowledge and agree that you and RENSAIR US are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and RENSAIR US otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules and other information about resolving consumer disputes through arbitration administered by AAA are available at https://adr.org/consumer.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from AAA’s roster of arbitrators. If the parties are unable to agree on an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and RENSAIR US otherwise agree, the arbitration will be conducted in Westchester County, New York. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and RENSAIR US submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. RENSAIR US will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as determined pursuant to Federal Rule of Civil Procedure 11(b)).

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $25,000, RENSAIR US will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as determined pursuant to Federal Rule of Civil Procedure 11(b)).

Changes. Notwithstanding the provisions describing changes to these Terms above, if RENSAIR US changes this “Dispute Resolution” section after the date you first accessed the Services (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to info@rensairus.com within 30 days of the date such change became effective, as indicated in the “Last Updated” date below or, if applicable, in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and RENSAIR US in accordance with the provisions of this “Dispute Resolution” section as of the date you first accessed the Services (or accepted any subsequent changes to these Terms).

General Terms

These Terms constitute the entire and exclusive understanding and agreement between RENSAIR US and you regarding the Services (including Products) and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between RENSAIR US and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. RENSAIR US may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by RENSAIR US under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Site. For notices made by email, the date of sending will be deemed the date on which such notice is transmitted.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of RENSAIR US. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services, please contact RENSAIR US at info@rensairus.com, or US Rensair Partners, LLC, Attn:  Legal Department, 2 Bridge Street, Suite 210, Irvington, NY 10533.

Please note by clicking the Facebook, Instagram, or LinkedIn buttons on our Contact Page from this US site you are being directed to a site that is not limited to use of this product in the United States.

Terms and Conditions Last Updated:  November 25, 2020