Terms of service
This notice is the condensed version of our Terms of Service, provided for the footer and checkout. The complete and authoritative version is published at https://www.airmsen.com/pages/terms-of-service
1. Acceptance and parties
Your use of www.airmsen.com (the "Site") is governed by these Terms, which form a legally binding agreement between you and MEOMY CO LTD, doing business as AIRMSEN ("Airmsen", "we", "us", "our"). By using the Site you agree to these Terms.
2. Information for US residents
This paragraph and the Mutual arbitration agreement below apply only to US residents. The arbitration agreement requires you to resolve disputes on an individual basis through final and binding arbitration and waives your right to a class action; you may opt out within 30 days, as explained in that section. These Terms also contain limitations on liability and provisions on indemnity, all of which may limit your legal rights and remedies.
3. Products, services and purchases on other platforms
We offer a wide range of products ("Products") and services ("Services"); additional terms may apply to certain of them, in which case you will be notified. If you bought an AIRMSEN product from another platform or retailer, for example Amazon, Walmart or TEMU, that seller is responsible for the after-sales service for that order: returns, refunds and warranty claims are handled by the seller you bought from, under that seller's own policies.
4. Changes to these terms
We may change these Terms at any time at our sole discretion. Where we do, we will give notice, for example by posting a notice on the Site and/or updating the "Last updated" date. Your continued use of the Site confirms your acceptance; if you do not agree, you must stop using the Site. Revised Terms and/or Privacy Policy supersede all previous versions.
5. Privacy and electronic communications
Our Privacy Policy also governs your use of the Site and explains how we collect, use, disclose and secure personal information and what rights you may have: https://www.airmsen.com/pages/privacy-policy
When you visit the Site or email us you are communicating with us electronically, and you consent to receive communications from us electronically, by email or by notices on the Site. Communications we provide electronically satisfy any legal requirement that they be in writing. This consent covers service and transactional communications about your orders, your account and our services; it does not replace any separate consent we may ask you for before sending you marketing communications, which you can withdraw at any time.
6. Access to the site and eligibility
Airmsen does not sell Products for children. You must be at least 18 years old to purchase; if you are under 18 you may use the Site only with the involvement of a parent or guardian, who by consenting to that use agrees to be bound by these Terms in respect of it. We may refuse service or purchases, terminate accounts, remove or edit content, cancel orders, withdraw or amend the Site, restrict access to it, or disable any account, user name, password or other identifier at any time at our sole discretion and without notice, and we are not liable if all or part of the Site is unavailable at any time or for any period.
7. Geographic restrictions
The owner of the Site is based in the United States. Access to the Site may not be legal for certain persons or in certain countries, and our Products are only available for purchase and delivery in certain countries. You access the Site on your own initiative and are responsible for compliance with local laws.
8. Intellectual property
Airmsen is the sole owner or lawful licensee of all rights and interests in the Site and its content, including designs, Product designs, photography, text, typography and software, whether or not registered. "airmsen.com", "Airmsen", "www.airmsen.com" and related icons and logos, together with Product names and related images and graphics, are trademarks or service marks of Airmsen, protected under applicable copyright, trademark and other proprietary rights laws; unauthorized copying, modification, use or publication of these marks is strictly prohibited. You agree not to infringe our title, ownership or intellectual property rights, and to indemnify Airmsen for any breach through your use of the Site. All rights not expressly claimed are reserved.
9. Acceptable use and prohibited uses
You agree to use the Site for your personal use only, and not to use any information, text, images, graphics, video, sound, directories, files, databases or listings obtained through the Site for any commercial purpose, nor to copy, reproduce, download or compile them, directly or indirectly. You agree not to use the Site:
- in any way that violates applicable federal, state, local or international law or regulation;
- to exploit, harm or attempt to exploit or harm minors;
- to transmit advertising or promotional material without our prior written consent, including junk mail, chain letters or spam;
- to impersonate Airmsen, an Airmsen employee, another user or any other person or entity, or to submit false information;
- in any other way that restricts or inhibits anyone's use of the Site, or that may harm Airmsen or its users.
You further agree not to disable, overburden, damage or impair the Site; use any robot, spider or other automatic means to access or copy it, or copy it manually without our prior written consent; interfere with its working; introduce viruses or other harmful material; attempt to gain unauthorized access to, interfere with or disrupt the Site, its server or any connected system, including personal information; or attack the Site with a denial-of-service or distributed denial-of-service attack.
10. Your account
You are responsible for maintaining the confidentiality of your account information and password, for restricting access to your computer, and for all activities that occur under your account or password.
11. User-generated content and social media tags
Visitors may post reviews, comments, photos and other content, send e-cards, and submit suggestions, ideas, comments, questions or other information ("User-Generated Content"). You are solely responsible for your own User-Generated Content and for the consequences of posting it, and Airmsen does not endorse it. By submitting it you represent and warrant that it is accurate and lawful; that it does not infringe any copyright, trademark, trade secret, patent, privacy or publicity right, or any law; that you own or have the right to use it and to authorize Airmsen to use it, including written consent to use the name, voice or likeness of each identifiable person featured; and that it is not illegal, obscene, threatening, defamatory or invasive of privacy, and contains no viruses, political campaigning, commercial solicitation, chain letters or spam. Submitted content is non-confidential, and you may not use a false email address, impersonate anyone, or mislead as to the origin of any content.
You retain ownership of your User-Generated Content, but you grant Airmsen a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, fully sub-licensable and transferable licence to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works from, publicly display and perform, and otherwise exploit it, in whole or in part, in any current or future media, together with the right to use the name you submit with it.
Airmsen may, but is not obliged to, monitor, edit or remove any activity or User-Generated Content, and assumes no liability for it, including content posted by others. You agree to indemnify Airmsen for all losses resulting from claims relating to content you supply.
When you use social media tags that identify or are associated with Airmsen, including @AIRMSEN, you grant Airmsen an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferable, worldwide licence to reproduce and use the uploaded content, including images, in Airmsen's or its sublicensees' marketing materials and through all social media channels.
12. Orders
Airmsen may, without prior notification, limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required before an order is accepted and, where this involves personal information, it is processed under our Privacy Policy. Prices and availability are subject to change without notice. Airmsen may revoke any stated offer, correct any error, inaccuracy or omission on the Site (including after an order has been submitted), and refuse or cancel any order or restrict or terminate your account for any reason at its sole discretion. Products purchased under a quantity discount may be re-priced on cancellation.
13. Pricing and payment
Unless otherwise expressly stated, the price displayed next to each Product is the price of the Product itself. Shipping is free on all orders, there is no minimum order value, no handling fee and no surcharge for remote addresses, and we cover import duties and taxes on your order. Depending on where your order is being delivered, sales tax or VAT may be added at checkout; the total amount you owe us, including any such tax, is always shown at checkout before you pay. You will not be asked to pay any additional amount when your parcel arrives. Delivery times and customs information are set out in our Shipping Policy: https://www.airmsen.com/pages/delivery-information
A small number of items may be mispriced. If the correct price of an item sold by Airmsen is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of the cancellation. We may offer promotions available only for a limited period.
14. Delivery, risk of loss and returns
Delivery timeframes are estimates and depend on many factors beyond our control, including production, shipping, customs and other government delays, and forces of nature. Handling times, delivery estimates and customs information are set out in our Shipping Policy.
If your order is delayed, contact us at service@airmsen.com and we will open an investigation with the carrier. If the carrier confirms the parcel is lost, we will send a replacement or issue a refund, whichever you prefer. If we cannot deliver within a reasonable time, we will refund the part of the order you have not received. If you are a consumer, this is in addition to any right you may have under the mandatory law of the country where you live to agree a new delivery date, to cancel the order or to receive a refund.
All items are sold under a shipment contract, so risk of loss and title pass to you on our delivery of them to the carrier. If you are a consumer, however, risk in the goods passes to you when you, or a person you have nominated, physically take possession of them. This does not affect any other rights you may have under our Shipping Policy or applicable consumer law.
All returns are subject to our Returns & Refunds policy at https://www.airmsen.com/pages/return-refund-policy, which is incorporated into these Terms by reference. Airmsen does not take title to returned items until they arrive at our fulfillment center; where we issue a refund without requiring a return, Airmsen does not take title to the refunded item.
15. Product information and descriptions
Information presented on or through the Site is provided for general information only. We do not warrant its accuracy, completeness or usefulness, and any reliance you place on it is at your own risk. Content provided by third parties, including other users, licensors, syndicators and aggregators, represents solely the opinions and responsibility of the person or entity providing it, does not necessarily reflect our opinion, and we are not responsible or liable for it.
Airmsen endeavors to be as accurate as possible, but mistakes and omissions do happen, and we do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current or error-free. If a Product is not as described, your remedy is to return it in accordance with our Returns & Refunds policy; if you are a consumer, this does not affect your statutory rights in respect of goods that are not as described.
Products are supplied by third-party suppliers, who are solely responsible for providing accurate information about them, including consumer warnings and information about materials that may be deemed "hazardous" under California's Proposition 65. Nothing in this section affects your rights against Airmsen as the seller of the Product, including any statutory rights you may have as a consumer.
16. Indemnity
You agree to indemnify and hold harmless Airmsen, our affiliates, directors, officers and employees from all losses, claims and liabilities, including legal costs on a full indemnity basis, arising from (i) your use of the Site, Products and/or Services, including the display of your information or User-Generated Content, (ii) your breach of these Terms, or (iii) any infringement by you of a third party's intellectual property rights. Airmsen may assume the exclusive defense and control of any such matter at our own expense, and you will cooperate with us in asserting any available defenses. This section does not apply to the extent that a claim arises from our own negligence or our breach of these Terms.
17. Disclaimer of warranties
The Site, and all content, Products and Services made available through it, are provided on an "as is" and "as available" basis, unless expressly stated otherwise. To the fullest extent permitted by law, Airmsen disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Site will be uninterrupted, timely, secure or error-free, or that any defects will be corrected. Nothing in these Terms excludes or limits any warranty or condition that cannot be excluded or limited under applicable law, including your statutory rights as a consumer and the warranty described in our Warranty Terms and Conditions.
18. Limitation of liability
To the fullest extent permitted by law, Airmsen, our affiliates, directors, officers and employees shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or anticipated savings, arising out of or in connection with your use of the Site, any Product or any Service, whether based in contract, tort, strict liability or otherwise, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with these Terms, the Site, any Product or any Service shall not exceed the amount you paid to us for the Product or Service giving rise to the claim.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law. If you are a consumer, nothing in these Terms affects your statutory rights.
19. Mutual arbitration agreement and class action waiver (US residents only)
This section applies only to residents of the United States. Please read it carefully, as it affects your legal rights.
Most concerns can be resolved quickly by contacting us at service@airmsen.com. If we cannot resolve a dispute informally within 60 days, you and Airmsen agree to resolve it through final and binding arbitration rather than in court, before a neutral arbitrator and generally less formally than a court proceeding. The Federal Arbitration Act governs the interpretation and enforcement of this section.
You and Airmsen each waive the right to a trial by jury, and the right to participate in a class action, class arbitration or any other representative proceeding. Disputes must be brought on an individual basis only.
Arbitration is administered by the American Arbitration Association under its Consumer Arbitration Rules, available at www.adr.org. If you cannot afford the filing fee, we will pay it. Arbitration will take place in the county where you live, or by telephone or video conference if you prefer.
You may opt out of this section by emailing service@airmsen.com within 30 days of your first acceptance of these Terms, with the subject line "Arbitration opt-out", giving your name and, if you have one, your order number. If you opt out, this section will not apply to you and the Governing law and jurisdiction section will apply instead.
You and Airmsen each retain the right to bring an individual claim in small claims court, and to seek injunctive or other equitable relief in court to prevent actual or threatened infringement of intellectual property rights. Nothing in this section prevents you from filing a complaint with any federal, state or local agency, or from exercising any right you have under mandatory consumer protection law.
20. If you live outside the United States
The Mutual arbitration agreement and class action waiver applies only to US residents. If you live in Canada, in the European Union, in the United Kingdom, in Switzerland or anywhere else outside the United States, that section does not apply to you and you are not required to arbitrate any dispute with us.
If you have a concern or complaint, please contact us first at service@airmsen.com and we will do our best to resolve it directly. Nothing in these Terms prevents you from bringing proceedings before the courts of the country where you live, or from relying on any right you have under the mandatory consumer law of that country.
21. Governing law and jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by the laws of the State of Colorado, United States, without regard to its conflict of law rules.
If you are a consumer, this choice of law does not deprive you of the protection afforded by the mandatory provisions of the law of the country where you live, and you may bring proceedings in the courts of your country of residence. This applies in particular to consumers resident in Canada, in the European Economic Area, in the United Kingdom and in Switzerland.
Subject to the two paragraphs above, the courts of the State of Colorado, United States, have non-exclusive jurisdiction over any dispute that is not subject to arbitration.
22. Termination
We may terminate or suspend your access to the Site, and to your account if you have one, at any time and without notice if we reasonably believe that you have breached these Terms. If we cancel an order, we will refund any amount you have already paid for it. On termination, the sections that by their nature should survive continue to apply, including Intellectual property, Indemnity, Disclaimer of warranties, Limitation of liability, Governing law and jurisdiction, and the Mutual arbitration agreement and class action waiver.
23. Remedies
You agree that Airmsen's remedy at law for any actual or threatened breach of these Terms would be inadequate, and that Airmsen is entitled to specific performance or injunctive relief, or both, in addition to any damages it may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including attorneys' fees. No right or remedy of Airmsen is exclusive of any other. No instance of waiver by Airmsen of its rights or remedies implies any obligation to grant any similar, future or other waiver.
24. General terms
If any provision of these Terms is found to be unlawful, void or unenforceable, it will be severed and the remaining provisions will remain in full force and effect. You may not assign or transfer these Terms without our prior written consent; we may assign them without restriction. These Terms, together with our Privacy Policy, Returns & Refunds policy, Shipping Policy and Warranty Terms and Conditions, constitute the entire agreement between you and Airmsen in relation to the Site and supersede any prior agreement or understanding. Our failure to enforce any provision is not a waiver of it. The English text of these Terms is the sole authentic text and prevails over any translation.
25. How to contact us
MEOMY CO LTD (d/b/a AIRMSEN)
c/o Denver, Colorado, United States
By email: service@airmsen.com
Telephone: +1 844-725-2333
Website: www.airmsen.com
This notice summarizes our Terms of Service. The complete and authoritative version, including every section in full, is published at https://www.airmsen.com/pages/terms-of-service
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