1. Sales Terms Applicability
Welcome to the online platform and marketplace at www.clean-tech.co (“Store”) provided by Cleantech, **registration number ___________________, VAT number ___________________ with its registered office at ________________________________ (“Cleantech”)**. Cleantech’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 Cleantech, as the seller, for the purchase of Cleantech hardware products (“Products”) from Cleantech 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 Cleantech, the Sales Terms in force at that time will apply between you and Blueair.
2. Becoming a Customer and Ordering
For ordering the Products you must register to the Store and be at least 18 years old or sufficient legal age in your jurisdiction or residence to purchase and use the Products and to enter into this agreement.
Cleantech 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 Cleanetch if you wish to purchase wholesale supplies.
3. Information and Availability of Goods
Before ordering Products, you must ensure that the Products are fit for your intended use. You can use the information available at www.clean-tech.co for verifying this. If the content of the Cleantech pages is different compared to information provided at another internet site or other source of information, the content of the Cleantech pages at the time of purchase prevails.
Cleantech does not warrant the availability of the Products. Cleantech reserves the right without any prior notice or liability to change, suspend or discontinue the manufacture and sale of any Products.
4. Processing the Order and Conclusion of the Contract
Your order is an offer to purchase the Products listed in your order. Cleantech 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 Cleantech, 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. Cleantech 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 Cleantech. 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.
Cleantech retains ownership to the Products ordered until such Products have been paid in full.
6. Order Delivery and Transport
The transport of the Products and delivery to you is done by the transportation company FedEx on behalf of Cleantech. Upon making an order of Products you authorize Cleantech to hand over the Products to the transportation company for delivery to you or to a service point.
**You will pay the transport price in addition to the price for the Products as set out in the order confirmation.**
**The estimated time for delivery will be set out in the order confirmation.** Our ambition is to deliver the Products within the estimated timeframes. We cannot however guarantee a fixed delivery time. You will be able to track your order for delivery based upon the tracking number provided in the shipping confirmation.
Our ambition is to deliver the products to you within **five (5) days from the date of the order confirmation.**
FedEx 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 FedEx 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 Cleantech until delivery to your provided address. **The insurance is included in the price for the transportation.** You should inspect the Products upon delivery for obvious errors or signs of damages or defects.
You may be requested to sign a confirmation that you have received the Products upon delivery. The title and risk for loss and damage to the Products passes to the customer when the Products have been delivered to you.
7. Prices, Taxes and Duties and Customs Policies
The price charged for the Products is the price effective at the time you place your order and the price is confirmed in the order confirmation. If the price indicated at Cleantech’s pages is incorrect due to a typo or other comparable mistake, the incorrect price is not binding on Cleantech.
Cleantech 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 dollars (USD) or as otherwise set out in the Store.
Provided that you order the Products from a country or location belonging to the US 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 US 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 Cleantech due to a banned/restricted products policy, a wrong address, refusal to pay customs fees or goods seized by customs, refusal to accept the order or because you were not present to accept delivery of your order at the agreed delivery address or other such reason that is attributable to your act or omission then you are not entitled to any refund.
8. Defects in Delivery
If the Products you have received do not correspond to the Products you have ordered or in case of defective Products (other than damaged or lost during transportation), you need to contact Cleantech’s customer service and send an email at email@example.com without delay and latest within seven (7) days from the receipt of the Products. Cleantech will rectify the non-conformities attributable to Cleantech without delay. If a remedy is not undertaken by Cleantech within a reasonable time from the time of your complaint, you are entitled to, upon return of the purchased Products, to cancel the purchase and to recover the purchase price paid for the Products. Legal guarantee of conformity applies to the delivered Products for consumers.
9. Right of Withdrawal
As a consumer you are entitled to a right of withdrawal for Products that you have bought for your own private use. You have the right of withdrawal within fourteen (14) calendar days from the date of receipt of the Products or the last delivery of the ordered Products (in case of multiple deliveries). If you wish to exercise your right of withdrawal you must notify Cleantech’s customer service and send an email at firstname.lastname@example.org within the said fourteen (14) calendar day period.
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 Cleantech for any possible reduction of value of the returned Products.
Return of the Products must be done to the address specified by Cleantech 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, Cleantech 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. Cleantech has the right to suspend the payment of the refund until Cleantech 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 Cleantech 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, **Cleantech will accept the transportation cost for returning the Products.** Cleantech’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, Cleantech reserves the right either to reject your return and decline to refund or to deduct from those payments to be refunded to you reasonable direct costs that have been incurred, subject to the applicable law.
10. Warranty, claims and returns
In all warranty matters you should notify Cleantech’s customer service by email.
Air Purifier Units
Cleantech warrants that your Cleantech 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 Cleantech replacement filters according to the manufacturer recommended filter replacement schedule listed in the Cleantech User Manual. Within the first seven (7) days of purchase Cleantech will replace a defective unit at no charge to you. After seven (7) days, Cleantech’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.
Within the first seven (7) days of purchase Cleantech will replace a defective filter that does not conform to the product specifications at no charge to the Customer.
11. Force Majeure
Cleantech is not responsible for any non-performance attributable to a cause beyond the Cleantech’s control that Cleantech could not reasonably take into account at the time of conclusion of the agreement and the effects of which Cleantech cannot reasonably avoid or overcome.
These Sales Terms set out the full extent of Cleantech’s obligations and liabilities in respect of the supply of the Products. To the fullest extent permitted by applicable law, Cleantech 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, Cleantech will not be responsible for ensuring that the Products are fit for your intended purposes.
To the extent permitted by the applicable law, Cleantech 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, Cleantech’s liability is limited to the price you have paid for the Products in question.
However, nothing in this section affects your statutory rights as a consumer and nothing in these Sales Terms excludes or limits liability which may not be lawfully limited or excluded under the applicable mandatory law, including without limitation liability arising from death or personal injury caused by negligence, or fraud.
13. Governing Law and Dispute Resolution
**These Sales Terms and the transactions concluded through the Store are governed by and construed in accordance with the laws of the US 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.
In the event the dispute cannot be resolved using these means, we both submit to the jurisdiction of the competent **courts of US with CA district court as first instance. **
14. Other Terms
PLEASE NOTE THAT THESE TERMS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER WHICH CANNOT BE WAIVED OR LIMITED BY CONTRACT.