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Terms & Conditions

Disclaimer

All the information, text, graphics and links on this Web site are the property of Vyair (UK)  Ltd, and are based on technical data and tests which we believe to be reliable. It is provided by us, as a guide only, solely for the use of our customers, whose own personnel have the technical skill to interpret the data at their own discretion and risk.Vyair (UK) Ltd does not warrant the accuracy or completeness of any of the information, text, graphics, links or other data contained on this Web site.Since the conditions of use resulting from data on this Web site are outside Vyair’s control, we cannot assume any liability whatsoever for results, damages, special or consequential, direct or indirect, arising through the application of data on this Web site.


1. Application

1.1 These Terms and Conditions shall apply to the purchase of the goods (“Goods”) detailed above by you (“Buyer”) from Vyair (UK) Ltd. (“Seller”). No other terms and conditions shall apply to the sale of the Goods unless agreed upon in writing between the Buyer and Seller.
1.2 The vyair.com website (the “Website”) is owned and operated by Vyair (UK) Limited
1.3 All of the goods on this Website are offered by Vyair (UK) Limited which will be the contracting party for any order that you place.
1.4 These Terms and Conditions of Sale apply to all transactions for the sale of goods on the Website. Please read them carefully. They do not affect your statutory rights.
1.5 We may change these Terms and Conditions at any time. Any changes will take effect on the date they are posted on the Website.

 

2. Ordering

2.1 Help section for information on how to place an order. The buyer will have an opportunity to check and correct any input errors in your order up until the point at which the buyers submits the order by clicking the “confirm order” button on the check out page.
2.2 All orders made by the buyer through the Website are subject to acceptance by the seller. The seller may choose to not accept the buyers order for any reason and will not be liable for this action.
2.3 After submitting an order to the seller, the seller will send you an order acknowledgement email with the buyers order number and details of the goods that the buyer has ordered. Please note this email is an acknowledgement and is not an acceptance of the buyers order.
2.4 For certain goods, information concerning stock availability is not available on the Website. If the buyers order goods which are not available from stock, the seller will contact the buyer by e-mail and will have the option to wait until the goods are available from stock, or cancel the order in accordance with the seller’s returns and cancellation policy. In the event the buyers order is cancelled, the seller will refund any payment already collected from the buyer in respect of that order.
2.5 Any email or other electronic acknowledgement by the seller of receipt of an order placed by the buyer does not constitute legal acceptance of the order. Acceptance of the order and the formation of a contract between the buyer and the seller will take place when the seller sends the buyers an email confirming that the goods they have ordered have been dispatched, unless the seller have notified the buyer that they do not accept the buyers order or the buyer has  cancelled it in accordance with the seller’s cancellation & returns policy.

 

3. Payment

3.1 Payment can be made by most major credit or debit cards in accordance with the payment methods section. Payment will be debited from the buyers account upon or shortly before dispatch of the goods.
3.2 the buyer confirms that the credit/debit card that is being used is theirs. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of the buyer’s card refuses to authorize payment, the seller will not accept your order and will not be liable for any delay or non-delivery and the seller is not obliged to inform you of the reason for the refusal.
3.3 the seller is not responsible for your card issuer or bank charging the buyers as a result of the processing of the credit/debit card payment in accordance with the buyers order.

 

4. Prices and Promotions

4.1 Although the seller endeavours to ensure that all pricing information on the Website is accurate, occasionally an error may occur and goods may be mispriced. If the seller discover a pricing error, at our discretion, thy will either: contact the buyer and ask you whether you wish to cancel the order or continue with the order at the correct price, or notify the buyer that we have cancelled the order.
4.2 The seller will not be obliged to supply goods at the incorrect price.
4.3 Prices that are reduced for sales and promotions are only valid for the specified period.
4.4 The seller reserve the right to adjust prices, offers, goods and specifications of goods on the Website at our discretion at any time before (but not after) we accept your order.
4.5 All prices on the Vyair UK website are in the marked currencies.

 

5. Right to Withdraw Goods

5.1 The seller reserves the right to withdraw any goods from the Website at any time.
5.2 The seller will not be liable to you or anyone else for withdrawing any goods from the Website.

 

6. Delivery
6.1
The seller will dispatch items ordered by the buyer as they are available using the method of delivery specified by the buyer in the website checkout.  All delivery charges are present for the buyer during selection.
6.2 The seller is only able to deliver to addresses in Europe, and orders will be sent to the delivery address that the buyer has registered in “YOUR ACCOUNT”. the seller cannot be held responsible if this delivery address is incorrect. If the buyer wishes to change the delivery address prior to submitting your order, they may do so by entering the new details in the “YOUR ACCOUNT” section. If the buyer wishes to change your delivery address and an order is “IN PROGRESS” they must contact the Customer Services team.

 

7. Test

7.1 The seller’s products are carefully inspected and submitted to our standard tests before dispatch.
7.2 It is the buyer’s responsibility to ensure the Goods supplied are not used outside their operating parameters as defined in the installation instructions.

 

8. Loss or Damage in Transit

8.1 The buyer is under a duty to inspect the Goods on delivery or collection.
8.2
If the buyer identifies any damage or shortages it must inform the seller in writing within 14 days of delivery, providing details of the alleged damage or shortage.  The seller shall not be liable if the buyer fails to provide such notice.
8.3 The seller must be permitted to inspect the affected Goods before the buyer uses, alters or modifies them in any way.
8.4 Subject to the buyer’s compliance with Clause 7  and the Seller’s agreement with any alleged damage or shortages, the seller shall make good any and all damage and shortages within a reasonable time.
8.5 The seller shall be under no liability for and shall not indemnify the buyer against any matters arising from damage or shortages.

 

9. Risk and Title

9.1 Once the goods have been received by the buyer, all risk of damage to, or loss of, the goods shall pass to you. If you intend to cancel your order in accordance with the cancellation and returns policy, you must keep good care of the goods pending their return to us
9.2 Legal and beneficial title in the goods shall not pass to the buyer until the seller has received, in cash or cleared funds, payment in full of the Price.
9.3 The seller reserves the right to repossess any goods in which the seller retains legal and beneficial title if full payment is not received in accordance with Clause 3. In the event of such repossession the buyer shall deliver the goods in which legal and beneficial title has not passed to the seller at its own cost.

 

10. Cancellation & Returns

Should the buyer wish to cancel or return any of your goods, it may only do so in accordance with our cancellation and returns policy.

 

11. Warranty

The buyer should make themselves aware of the sellers warranty policy prior to purchase.

 

12. Privacy Policy and Cookies Policy

The buyer should make themselves aware of the sellers and Privacy Policy and Cookies Policy.

 

13. Intellectual Property

All rights, title, and interest in any drawings, specifications, or other documents provided by the seller to the buyer in performance of the order or supplied any time before or after rest solely with seller, who grants buyer the rights to use solely for purposes of selection, installation, and operation of the goods.

 

14. Representations

14.1 Any and all representations whether in writing or verbal made by or given on behalf of the Seller are expressly excluded from the Quotation unless referred to therein. No modification or waiver of the provision hereof shall be effective unless the same shall be acknowledged in writing by the party against which the modification or waiver is invoked.

14.2 All specifications, drawings, performance data and particulars of weights and dimensions submitted with the seller’s quotation are approximate only and the description and illustrations contained in the Seller’s catalogue, price lists and other advertisement matter are intended merely to present a general idea of the goods described therein, and none of these shall form part of the contract.

 

15. Law and Severance

15.1 Each provision of these Terms and Conditions of Sale shall be construed separately and independently of each other and the validity of any one part shall not affect the validity of any other part.
15.2
 These Terms and Conditions of Sale shall be governed by the laws of England and Wales, and the buyers agrees to submit to the non-exclusive jurisdiction of the English and Welsh courts. The seller are required by law to inform you that sales can be concluded in English only and that no public filing requirements apply.
Each provision of these Terms and Conditions of Sale shall be construed separately and independently of each other and the validity of any one part shall not affect the validity of any other part.
15.3 All disputes must in the first instance be referred to officers of the companies of Buyer and Seller to attempt to resolve amicably.

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