Returns Policy

BACKGROUND: 

This Returns Policy, together with any and all other documents referred to herein, set out the terms under which Goods are returned to Us from consumers through this website, www.airdrate.com (“Our Site”).  Please read the Terms of Sale and this Returns Policy carefully and ensure that you understand them before ordering any Goods from Our Site.  You will be required to read and accept the Terms of Sale, which incorporates this Returns Policy, when ordering Goods.  If you do not agree to comply with and be bound by the Terms of Sale and this Returns Policy, you will not be able to order Goods through Our Site.  The Terms of Sale and this Returns Policy, as well as any and all Contracts are in the English language only.

A. Definitions and Interpretation 

In this Returns Policy, unless the context otherwise requires, the following expressions have the following meanings:

B. Information About Us

1) Our Site, www.airdrate.com, is owned and operated by Airdrate Ltd, a limited company registered in England under11357624, whose registered address is Ground Floor, Custom House, Waterfront East, Brierley Hill, West Midlands, England, DY5 1XH and whose main trading and postal address is Unit 89E Greenham Business Park, Thatcham, RG19 6HN .  

C. Access to and Use of Our Site

1) Access to Our Site is free of charge.

2) It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3) Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4) Use of Our Site is subject to our Website Terms of Use on www.airdrate.com Please ensure that you have read them carefully and that you understand them.

D. Business Customers

This Returns Policy does not apply to customers returning Goods in the course of business.  

E. Delivery, Risk and Ownership

1) All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process subject to delays caused by events outside of Our control, for which see Clause M in our Terms of Sale.

2) If We are unable to deliver the Goods on the delivery date, the following will apply:

a) If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox, We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods; 

b)  In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation if any of the following apply you may treat the Contract as being at an end immediately and claim a refund when:

c) We have refused to deliver your Goods; or

d) You told Us when ordering the Goods that delivery within that time period was essential.

2) If you do not wish to cancel under sub-Clause E.2, or if none of the specified circumstances apply, you may specify a new reasonable delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end and claim a refund.

3) Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address you have provided.

4) Ownership of the Goods passes to you once we have received payment in full of all sums due including any applicable delivery charges.

5)  Any refunds due under this Clause E will be made using the same payment method that you used when ordering the Goods.

F. Faulty, Damaged or Incorrect Goods

1) By law, We must provide goods that are of satisfactory quality, fit for purpose, subject to our disclaimers in clause 8 and as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences).  If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at customercare@airdrate.com  as soon as possible to inform Us of the fault, damage or error, and to arrange for a refund or replacement.  Your available remedies will be as follows:

a) Beginning on the day that you receive the Goods (and ownership of them) you have a 30-calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above, providing the earplugs have not been opened from their hermetically sealed packaging.

2) In certain circumstances where a replacement is not possible or otherwise disproportionate, We may instead offer you the alternative of a full refund. Refunds under this Clause F will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.

3) AirDrate rehydrating earplugs have a finite storage life. Optimum performance may not be achieved if used beyond the best before date that can be found printed on the packaging. The best before date can only be assured providing the hermetically sealed packaging has not been damaged or opened before use. The earplugs must only be removed from the hermetically sealed packaging immediately before use.

4) Please note that you will not be able to claim under this Clause F if you have purchased the goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from the use of the goods for that purpose, or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please note that you may not return goods under this Clause F merely because you have changed your mind. You have a legal right to 14 calendar day cooling off period within which you can return goods for this reason and please refer to Clause G below for more details.

5) Any and all refunds issued under this Clause F will include all delivery costs paid by you when the Goods were originally purchased.

6) Refunds under this Clause F will be made using the same payment method that you used when ordering the Goods 

7) For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.    

G. Cancelling and Returning Goods if You Change Your Mind

1) If you are a consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason.  This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed.  You may also cancel for any reason before We send the Order Confirmation.  

a) If the Goods are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.  

b) If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.  

2) If you wish to exercise your right to cancel under this Clause G you must inform Us of your decision within the cooling-off period You may do so by email to customercare@airdrate.com  or by post to our main postal and trading address.  Cancellation by email or by post is effective from the date on which you send Us your message.  Please note that the cooling-off period lasts for whole calendar days. If you would prefer to contact Us directly to cancel, please use the following details:

a) Telephone: +44 (0)1635 224624

b) Email: customercare@airdrate.com 

c) Post: Airdrate Ltd, Unit 89E, Greenham Business Park, Thatcham, RG19 6HN

In each case, providing Us with your name, address, email address, telephone number, and Order Number.

3) We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.

4) The goods are sealed for health and hygienic reasons. Please note that you may lose your legal right to cancel under this Clause G if they are opened after receiving them and that is not immediately prior to use.

5) Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause G

6) You may return Goods to Us in person during Our business hours of 0900-1700hrs Mon-Friday or you may return them by post or another suitable delivery service of your choice to Our returns address at AirDrate Ltd, Unit 89E Greenham Business Park, Thatcham, RG19 6HN.  Please contact us at customercare@airdrate.com to inform us of the return. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause G. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.  

7) Refunds under this Clause G will be issued to you within 14 calendar days of the following:

a) The day on which We receive the Goods back; or

b) The day on which you inform Us with evidence of of recorded or traced delivery that you have sent the Goods back 

c) If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.

8) Refunds under this Clause G may be subject to deductions in the following circumstances:

a) Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop) including opening the hermetically sealed earplug container. 

b) Standard delivery charges will be reimbursed, but not return costs, in full as part of your refund.  Please note, however, that We cannot reimburse for premium delivery.  We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause G. We are required by law to reimburse standard delivery charges (or the equivalent) only. 

9) Refunds under this Clause G will be made using the same payment method that you used when ordering the Goods 

H. Our Liability to Consumers

1) We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of the Terms of Sale (or the Contract) or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

2) We only supply goods for domestic and private use by consumers.  We make no warranty or representation that the Goods are fit for commercial, business, or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

3) We, our employees, officers and  agents make no claims that the Airdrate rehydrating earplugs cure or remedy chronic ear or sinus pain due to any medical or combination of medical condition, whether previously diagnosed or not and the use of the product is at your own risk and discretion and the user indemnifies Us from all claims for compensation for damage, injury or loss howsoever caused by the use of the rehydrating earplugs, except to the extent that any damage, injury or loss is caused by the negligence or breach of duty, Statutory or otherwise, of Us.

4) Nothing in the Terms of Sale and Refund Policy seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.

5) Nothing in the Terms of Sale and Refund Policy seeks to exclude or limit your legal rights as a consumer.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

I. Communication and Contact Details

1) If you wish to contact Us with a complaint, you may contact Us by telephone at +44 (0)1635 224264, by email at customercare@airdrate.com ,or by post at Airdrate Ltd. Unit 89E Greenham Business Park, Thatcham, RG19 6HN

2) For matters relating the Goods or your Order, please contact Us as above

3) For matters relating to cancellations, please contact Us as above.

J. Law and Jurisdiction

1) The Terms of Sale and Returns Policy and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.

2) If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause J.1 above takes away or reduces your rights as a consumer to rely on those provisions.

3) If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to the Terms of Sale and Returns Policy or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.  

AirDrate Ltd
Iss 1.0 23rd November 2023