Terms & Conditions for Private Customers

These are the Terms & Conditions (‘Terms’) that apply between Plain Air Ltd, of Nanfield, Exmouth Road, Exeter, EX3 0PZ and any private (non-business) customer (You), and relate to the use of this website (www.plainair.co.uk), any content therein, the sale by Plain Air Ltd (Us, We) and the purchase by you of all products or services offered by us.  By using our website or purchasing products or services you agree to be bound by these Terms.  Separate ‘Terms of Service’ apply to business customers reselling our products.

Products

We act as both an online and direct retailer, governed by UK law, and nothing in these Terms serves to reduce your rights or responsibilities under the law except where specifically detailed.

Prices shown on the website or quoted by our representatives for products are intended to be correct at all times.  However, mistakes can occur or products may not be immediately available.  Our legal contract with you is not created until we dispatch goods and we retain the right to correct pricing errors or changes up to that point.  You can decline to complete any purchase in the event of a price change or correction.  Unless stated otherwise, displayed prices include VAT.

We retain the right to require, at our discretion, the receipt of cleared funds in our account before dispatching or ordering products on your behalf.  If this should apply we will discuss and agree this with you beforehand.  

All products sold by us are covered by statutory rights, including rights of return and refund and the correction of faults.  Additional rights may be offered on specific products.

Services

We provide customers with services as described on the website or as offered by our representatives.  Charges for services may be fixed or bespoke and agreed with you beforehand and will not become due until agreed in writing or until you have completed the appropriate documentation or application.

You

You agree not to make any false or misleading statements in regard to any aspect of your dealings with us and agree that you may be liable for any losses arising to us as a result of any such statements.

Orders

You may order Products or services through the website, in person, on the telephone, or through any other means offered by us.  Your rights of cancellation may be affected by the chosen method and we will tell You of Your rights to cancel on request.

We will take all reasonable care to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any data you provide when accessing or ordering from us.

Documents

You agree that, where we hold a valid email address for you, we may deliver documents and notices by email to you for the purposes of fulfilling any contract.

Cancellation Rights - Products

You have the right to cancel any order for products before we have dispatched the products to you. For online or telephone orders you can cancel any order for products for any reason up to 14 days after they are delivered to You.  Other orders may be cancelled by you for any reason within 7 days of the receipt of products.  

In order to cancel a product order you must send us a clear written statement (letter, email) of your wish to cancel within the required time-frame.  You may wish to word your instructions in the style given below, although this is not a requirement.‍

Model cancellation form

To Plain Air Ltd, Nanfield, Exmouth Road, Exeter, EX3 0PZ.   Email: info @plainair.co.uk  

I/We [*] hereby give notice that I/We [*] cancel my/our contract of sale of the following goods [*] / for the supply of the following service [*],

Ordered on [*] / received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date[*] Delete as appropriate

When exercising these cancellation (or ‘cooling-off’) rights it is your responsibility to adequately package products for return and to pay any postage and delivery costs.  If you return the goods with a valid claim under any warranty or guarantee we will reimburse you reasonable postage costs.  We recommend that you always retain the original packaging in case a return is made.  Upon accepting a cancellation we will reimburse you the original purchase price, less any deductions made subject to these terms.  Products must be returned to us within 14 days of cancellation.

We retain the right to charge you, or retain from any refund, any reasonable costs incurred by us in respect of your use or damage of any product prior us receiving a return.  For example, this may apply to the use of filters on air purifiers that cannot readily be re-sold once used, or to goods damaged in return transit.  We will make any refund due to you within 14 days of the receipt of the returned goods.

Where returned goods have been used by you in conjunction with electronic media, such as a phone application or other software, your refund or exchange entitlement is subject to your deletion of any product specific data from that media that may otherwise prevent or restrict the future use of that product.

Where you place an order with us that requires us to purchase products from 3rd party suppliers that would not normally be held by us in stock we may make acceptance of your order subject to you agreeing to pay in advance of our ordering the product, to pay a deposit, or to waive certain cancellation rights or rights of return.  In such cases we will agree this with you beforehand.

Any services we have provided to you in conjunction with a product remain chargeable if the product is returned under your cancellation rights.  Orders for services may be cancelled prior to the commencement of those services without penalty, except where otherwise agreed in writing where we will have incurred costs in preparation for the provision of those services.  

Orders for products that have been made or modified to your individual specification cannot be cancelled or returned except under your statutory rights relating to faults or mis-description.

Cancellation of Services

Services booked can be cancelled without charge within 14 days of the date of the booking, except where you have requested that the provision of services was due to commence within 14 days of the date of the booking, in which case the following fees apply:

Postal: air tests & equipment that have not yet been shipped to you, £40 (inc VAT); shipped, unused, & returned within 7 days, £55.

Site visits: cancelled 7-14 days prior to appointment, £60; 3-14 days, £100; Less than 72 hours, £150 + normal travel costs.

Warranty & Guarantee claims

If you believe there is a fault with any product you must contact us – ideally by telephone or email - before returning any product.  We will try to identify any problems and agree a course of action with you.  If, before or after returning any products to us, we advise that your claim is not covered by warranty or guarantee we will agree with you how to proceed.  If your claim is valid we will ask you to return the product at our expense for replacement or repair.

We honour manufacturers’ guarantees in all instances and sometimes offer our own extended warranty or guarantee in addition.

Third party links

We may provide links to other websites for you to access at your discretion. You acknowledge and agree that we are not responsible for the availability of such external sites, do not review or endorse them and are not responsible or liable, directly or indirectly, for:

The privacy practices of such websites.

 The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources.

The use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites.

 Intellectual Property

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of our website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.  You acknowledge and agree that the material and content contained within the website is made available for your personal, non-commercial use only.

Compliance with laws

Our website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations and any transactions conducted on or through the website.

Limitation of liability

While we use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, completeness, or arising from dealing, usage or trade. 

We make no warranty that the website server that is free of viruses or bugs or represents the full functionality, accuracy and reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. 

To the extent permissible under applicable law, we disclaim warranties, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable for:

any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

any loss of goodwill or reputation; or

any special or indirect losses

suffered or incurred by you arising out of or in connection with these Terms.

Nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees. 

Severance 

If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.

Waiver

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

Survival

Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These Terms govern our relationship with you and any applicable changes must be in writing and signed by both parties.

You confirm that, in agreeing to accept the Terms, you have not relied on any other representations and you agree that you shall have no remedy in respect of any alleged representation. Your statutory rights are not affected by these Terms and nothing here shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation.

Law 

The Terms shall be governed by and construed in accordance with the laws of England & Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England & Wales.

Contact

For any queries, please contact us via email at info@plainair.co.uk