Terms and Conditions of Sale

AirTumble

This page (together with the documents expressly referred to on it tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

You must read our terms and conditions of sale stated below before placing your order as all orders are accepted on these terms and conditions.

If you are under 16, we require that you inform a parent or guardian about AirTumble’s Privacy Policy and Terms and Conditions as well as requiring their consent to the Privacy Policy and Terms and Conditions before registering with AirTumble or placing and order with AirTumble.

By accessing the website and / or placing an order you agree to be bound by these terms and conditions regardless of whether you register with us or place an order. You are advised that not registering with AirTumble is not detrimental to you being able to place an order with us.

We reserve the right at any time to update, change or replace any part of these terms and conditions by updating this page. You should check this website from time to time to review the current terms and conditions, because they are binding on you. If you do not wish to accept any terms and conditions, you should not continue to use this Website or use any services.

These terms and conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and / or contributors of content.

These Terms and any Contract between us, are only in the English language.

  1. Company Information

https://airtumble.co.uk is a site operated by Excel Gymnastics Academy Ltd (“We”). We are registered in England and Wales under company number 9640541 and have our registered office at Longdene House, Hedgehog Lane, Haslemere, Surrey, GU27 2PH.

  1. Accessing Our Site

Access to www.airtumble.co.uk is permitted on a temporary basis, and we reserve the right to withdraw or amend our site or any part of it including the goods and services we provide on our site without notice. When using our site, you must comply with the provisions of our acceptable use policy (see below).

Acceptable Use Policy

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.

3.Site Assurance and Information Displayed

We update our website on an ongoing basis, and may change the content at any time. You should note that any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. AirTumble reserve the right to withdraw or amend the goods and services (including prices) we provide on our site without notice. From time to time, we may restrict access to some parts of our site, or our entire site to users who have registered or not registered with us. If the need arises, we may suspend access to our site, or close it indefinitely.

Any commentary, content or materials displayed on our site are not intended to amount to advice on which reliance should be placed. Specific professional or specialist advice should always be sought before doing anything on the basis of the commentary, content or materials displayed on our website.

  1. Our Products

The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

The packaging of the Products may vary from that shown on images on our site.

All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

All sizes and measurements of Items are approximate, however we do make every effort to ensure they are as accurate as possible. We take all reasonable care to ensure that all details, descriptions and prices of Items are as accurate as possible.

  1. Pricing, Descriptions and Availability

Prices shown on the website are inclusive of VAT at the appropriate rate (where applicable) at the current rate chargeable in the UK for the time being. The price of a product does not include delivery charges. Our delivery charges are explained in our terms and conditions at section 11 and on our website under delivery and shipping. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.

If we are unable to contact you we will treat the order as cancelled. If you choose to cancel your order because of an error and you have already paid for the goods, you will receive a full refund.

Goods’ prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent to you.

  1. How to Pay

You can only pay for Products using a debit card or credit card. We accept the following cards: Visa Credit, Visa Debit, Mastercard Credit, Mastercard Debit, Visa Electron, Maestro, JCB or by using PayPal.

Payment for the Products and all applicable delivery charges is in advance.

7. Manufacturer guarantees

Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.

If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

8. Our warranty for the Products

For Products which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply to any defect in the Products arising from:

(a)fair wear and tear;

(b)wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

(c)if you fail to operate or use the Products in accordance with the user instructions;

(d)any alteration or repair by you or by a third party who is not one of our authorised repairers; or

(e)any specification provided by you.

If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

9. Our liability if you are a business

This clause 9.1 only applies if you are a business customer.

9.2 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.

9.3 Nothing in these Terms limit or exclude our liability for:

(a)death or personal injury caused by our negligence;

(b)fraud or fraudulent misrepresentation;

(c)breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d)defective products under the Consumer Protection Act 1987.

9.4 Subject to clause 9.3 we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a)any loss of profits, sales, business, or revenue;

(b)loss or corruption of data, information or software;

(c)loss of business opportunity;

(d)loss of anticipated savings;

(e)loss of goodwill; or

(f)any indirect or consequential loss.

9.5 Subject to clause 9.3 and clause 9.4, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.

Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

10. Our liability if you are a consumer

This clause 10.1 only applies if you are a consumer.

10.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

10.3We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.4 We do not in any way exclude or limit our liability for:

(a)death or personal injury caused by our negligence;

(b)fraud or fraudulent misrepresentation;

(c)any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d)any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

  1. Delivery

Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.

Delivery will be completed when we deliver the Products to the address you gave us.

The Products will be your responsibility from the completion of delivery.

You must inspect the Products immediately upon receipt

(a) Order packaging should be inspected for damage that may have occurred during transit before being signed for.

(b) If obvious damage has occurred that will impact the item, please refuse the delivery and contact us via telephone or email as soon as possible.

(c) If a delivery is refused due to damage that has occurred during transit, it will be immediately returned to us and we will send a replacement item.

(d) If there is not currently a replacement item in stock, the cost of your order will be refunded or the item reserved for when it is back in stock.

(e) Failure to report damage that has occurred during the delivery process means we cannot claim on our insurance and therefore the item cannot be replaced free of charge.

(f) Signing for an item and accepting the delivery means that you accept the condition of the delivery and therefore the item cannot be replaced free of charge.

You own the Products once we have received payment in full, including all applicable delivery charges.

International Delivery

We deliver to some countries detailed outside the UK. Please enquire if we can deliver to your country by email at sales@airtumble.co.uk for a quotation.

If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

 

  1. Ordering and When Your Contract is Formed

Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.

We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in section 5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

We may refuse to accept an order:

  • where goods are not available;
  • where we cannot obtain authorisation for your payment;
  • if there has been a pricing or product description error;
  • if you do not meet any eligibility criteria set out in our terms and conditions.

We will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount as soon as possible.

 

  1. Contract Cancellation Under The EU Consumer Rights Directive:

Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.

If your order consists of multiple goods, the 14 day period runs from when you get the last item of your goods.

If you wish to exercise your right to cancel this contract after your order has already been despatched, we will refund the original purchase price, provided that you have notified us in writing no longer than 14 days after the day on which you receive the order, and that you have taken reasonable care of the products and not used them.

It is the buyer’s responsibility to pay the postage costs for the return of goods unless the Buyer can provide conclusive evidence proving that the goods are damaged or have a manufacturers fault.

AirTumble will refund the cost of your original delivery fee where the product is faulty or damaged.

Please note that your right to return Products does NOT apply to products which fall into the following categories unless they are faulty or not as described:

  • Made to measure or personalised goods
  • Gift Cards or Store Credit
  • Perishable goods (such as flowers and chocolates).
  • Unsealed software, CDs, DVDs.

To complete your return, we require a receipt or proof of purchase. Please do not send your purchase back to the manufacturer.

If you are returning any item, you should consider using proof of delivery, trackable shipping service or purchasing shipping insurance. We cannot guarantee that we will receive your returned item.

  1. Returns Policy

For returns, we will refund the value of the goods returned to us, at the price you purchased them less postage cost.

It is the buyer’s responsibility to arrange and pay the postage costs for the return of goods unless the goods are damaged or have a manufacturers fault.

AirTumble will refund the cost of your original delivery fee where the product is confirmed faulty or accepted as damaged and will also pay the cost of returning the goods to AirTumble. We will refund any money received from you using the same method originally used by you to pay for your purchase.

In all cases of unwanted items, the products returned should be in their original condition, unworn, complete with any labels, instruction booklets or software and packaging. All goods will be inspected on return. In cases where the value of the returned goods has diminished as a result of handling which goes beyond what would be possible in a store, we are entitled to recover any amount up to the full contract price.

Exclusions

Certain products and services are excluded from this returns policy, including made to measure, personalised goods, gift cards and store credit, perishable goods (such as flowers and chocolates) and unsealed software, CDs, DVDs.

These items cannot be returned for a refund unless faulty.

AirTumble will refund the cost of your original delivery where the product is faulty or confirmed damaged, however for unwanted items we shall not refund the original delivery fees. If you are returning any item, you should consider using proof of delivery, trackable shipping service or purchasing shipping insurance. We cannot guarantee that we will receive your returned item.

We will make the refund directly to the credit/debit card or Pay Pal account used to place the original order within 14 days of receipt or earlier, once we have inspected the returned item and are satisfied that it has been returned to us in the condition it was in when delivered to you.

The goods are your responsibility until they reach our Warehouse. Please ensure you package your items carefully to prevent any damage to the items or boxes. We are not responsible for any items that are returned to us in error.

We recommend you use a secure delivery method which requires a signature upon receipt (such as Royal Mail First Class Recorded Delivery) or courier for larger shipments. For larger shipments you should consider using a trackable shipping service or purchasing shipping insurance. In the rare event of a shipment going missing you are responsible for the returned products until they reach us. We cannot guarantee that we will receive your returned item.

The above does not affect your statutory rights.

  1. Faulty or Damaged Goods

You may return Goods to us in accordance with our terms and conditions section 14 Returns Policy or, where you consider that the Goods are defective.

If you wish to return Goods to us because you consider that the Goods are defective please contact us and provide evidence in the first instance.

Where goods are determined damaged by you AirTumble reserve the right to charge customers for the repair of damaged goods and any postal charges incurred. Any repairs will be discussed and agreed in advance of any works being carried out. Unfortunately items that have been worn, damaged or altered cannot be accepted for a refund or exchange.

If we agree that the Goods are defective AirTumble reserve the right to consider any fault or damage be repaired. Should this not be possible you will be issued a new replacement or a full refund. If you decide you would like a refund AirTumble will refund the price of the Goods and will notify you of any refund due within a reasonable period of time and if a refund is due we will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you that you were entitled to a refund.

AirTumble will refund the cost of your original delivery fee where the product is confirmed faulty or accepted as damaged and will also pay the cost of returning the goods to AirTumble. We will refund any money received from you using the same method originally used by you to pay for your purchase.

Where you are entitled to a replacement we will deliver to the address where the original order was delivered to.

You will always have legal rights in relation to Goods that are faulty, damaged or not as described. These legal rights are not affected by the returns policy or these terms and conditions. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.

If you have any complaint about your online order, please contact sales@airtumble.co.uk

  1. Security

AirTumble take the security of our customer’s details very seriously and as such have measures in place both on our website when creating an account and when taking payment to ensure your details are kept safe.

All information you provide to us is stored on secure servers. Information you provide us with will be encrypted using SSL technology. Payment transactions are managed off-site using PayPal or Stripe. Please note that we do not collect or process your credit or debit card details. These are however collected and processed by our payment processing service provider Stripe Payments Europe, Ltd (“Stripe”) and PayPal. The collection and processing by these providers of your credit or debit card details and other personal data are governed by their respective terms and conditions. See https://stripe.com/gb/privacy or https://www.paypal.com/webapps/mpp/ua/privacy-full for more information. Offsite payment processors have their own security standards, certificates, and methods of securely passing data from and to our store. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. You must not share this password with anyone.

Whilst AirTumble take security seriously registered customer account holders are reminded to protect their AirTumble Account, keep your password confidential. You are responsible for the activity that happens on or through your Account. Try not to reuse your AirTumble Account password on third-party applications.

Here are some simple steps to ensure your account remains secure;

  1. Check for viruses and malware. Run a scan on your computer with a trusted anti-virus software. If the scan detects any suspicious programs or applications, remove them immediately.
  2. Perform regular operating system and browser updates. Make sure you’ve set your computer to update automatically. If you get a notice to update, take care of it right away.
  3. Never use your AirTumble Account password on another website. If you enter your password in an external website and it’s compromised, someone could try to sign in to your Account with the same information.
  4. Protect your password. Never enter your password after following a link in an email from an untrusted site. Always go directly to AirTumble website.
  5. Use a strong password. Don’t write it down, send it via email, or tell anyone. AirTumble will never email you to ask for your password or other sensitive information.
  6. Always sign out of your account at the end of each user session. At the top of the page, select My Account then, select logout.
  7. Change your password. Consider updating your password after a suitable period.

Links to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact sales@airtumble.co.uk

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  1. Limitation of Liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

We do not guarantee that the Services will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Services. You should use your own virus protection software.

 

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