Terms of use
Terms of Use
PREVIEW
This site is operated by AIRTRAVIA. Throughout the site, the terms "we", "us" and "our" refer to AIRTRAVIA. AIRTRAVIA offers this website, including all information, tools and services available on this site, provided that you accept all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you are engaging in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use the services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS AND CONDITIONS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A violation or failure to comply with any of the Terms will result in the immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.
The headings used in this agreement are included solely for convenience of reading and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete, or current. The material on this site is provided for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain some historical information. This information is necessarily not current and is provided for reference purposes only. We reserve the right to modify the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - CHANGES TO SERVICE AND PRICES
Our product prices are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Some products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our refund policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the color display on your computer screen will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please see our refund policy: [LINK TO REFUND POLICY]
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we do not monitor and have no control or input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations, or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or related to your use of optional third-party tools.
Any use by you of optional tools offered by the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party providers.
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). These new features and/or services will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Some content, products, and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites, and we do not warrant or assume any liability or responsibility for any third-party materials or websites, or for any other third-party materials, products, or services.
We are not responsible for any damages or losses related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please carefully review the third party's policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, competition entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but are under no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate anyone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which you can view here: [LINK TO PRIVACY POLICY]
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, our site or the Service may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to the other prohibitions as defined in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, discredit, intimidate, or discriminate based on sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) for spamming, phishing, pharming, pretexting, data mining, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results obtained from using the Service will be accurate or reliable.
You agree that from time to time we may withdraw the Service for indefinite periods of time or cancel the Service at any time, without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranty, or condition of any kind, whether express or implied, including all implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event will AIRTRAVIA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind whatsoever, including, without limitation, lost profits, lost revenue, lost savings, lost data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of the services or any product purchased using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, errors or omissions in any content, or any loss or damage of any kind arising out of the use of the service or any content (or product) posted, transmitted or otherwise made available via the service, even if advised of their possibility.Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.
SECTION 14 - COMPENSATION
You agree to indemnify, defend and hold harmless AirBag, our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensees, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - DIVISIBILITY
In the event that any provision of these Terms of Service is deemed illegal, void, or unenforceable, that provision will nevertheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service, such determination not affecting the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and responsibilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any provision or requirement of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or as a consequence, we may deny you access to our Services (or any part thereof).
SECTION 17 - FULL AGREEMENT
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and all policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - APPLICABLE LAW
These Terms of Service and any separate agreement by which we provide you with Services shall be governed by and construed in accordance with the laws of France.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can view the most recent version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.Your continued use of or access to our website or the Service after the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to us at contact@airtravia.com.
Our contact information is displayed below:
contact@airtravia.com
Owner : Beyond Global OÜ 17297642
VAT: EE102903652
Publication Manager : Beyond Global OÜ – contact@airtravia.com
The publication manager is a natural person or a legal entity.
Webmaster : Beyond Global OÜ – contact@airtravia.com
Host : OVH
By accepting SMS marketing from AIRTRAVIA By checking out and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring SMS notifications (regarding your order, including abandoned payment reminders), SMS marketing offers, and transactional SMS messages, including requests for feedback from us, even if your mobile phone number is registered on a state or federal government do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from marketing SMS messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link we provided in one of our messages. You understand and agree that other methods of unsubscribing, such as using alternative words or requests, will not be considered a valid way to unsubscribe. We do not charge for the service, but you are responsible for any text messaging charges and fees imposed by your wireless service provider. Message and data rates may apply.
For any questions, text HELP to the number that sent you the messages. You can also contact us at contact@airbagtravel.store for more information.
We reserve the right to change any phone number or short code we use to operate the service at any time. You will be notified on those occasions. You acknowledge that any message you send to a phone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be responsible for fulfilling any requests contained in those messages.
To the extent permitted by applicable law, you agree that we will not be liable for the failure, delay, or misdelivery of any information sent via the service, any errors in such information, and/or any actions you may or may not take in reliance on the information or the Service.
Your right to privacy is important to us. You can consult our privacy policy. Privacy Policy to determine how we collect and use your personal information.
Agreement waiving arbitration and class action lawsuits:
Arbitration:
By using or purchasing AIRTRAVIA products or services , You agree that any controversy, claim, action or dispute between you and AIRTRAVIA arising out of or related to: (a) these Terms, or their breach; or (b) your access to or use of the AIRTRAVIA website or services or materials; or (c) any alleged violation of any federal, state, or local law, statute, or ordinance (each such controversy or claim, a "Claim"), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which the parties agree to submit their disputes and potential disputes to a neutral third party (called an arbitrator) for a binding decision, instead of having those disputes decided in court, before a judge, or in a jury trial. The arbitrator is required to issue a reasoned award in writing, including all the factual and legal findings on which the award was based. The arbitrator does not have the power to make errors of law, and the award can be set aside or corrected by judicial review by a competent court. Attorneys' fees, expert fees, and other costs and expenses incurred by each party in the arbitration proceedings will be borne by the party incurring those costs and expenses.
Arbitration procedures:
Claims will be heard by a single arbitrator. Arbitrations will take place in France. , However, the parties may choose to appear in person, by telephone, or by submitting documents. The arbitration will be governed by the Federal Arbitration Act (“FAA”) and by the domestic laws of France. , without regard to conflict of laws principles. Any dispute in this regard shall be resolved exclusively by an arbitrator. If, and only if, the arbitrator determines that the FAA does not apply, the law of New York governing arbitration agreements shall apply. All disputes concerning whether the aforementioned mutual arbitration provisions are inapplicable, abusive, enforceable, valid, void, or voidable shall be decided exclusively by an arbitrator, and not by a court.
Exclusion from arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a claim in court rather than through arbitration if you withdraw from these arbitration proceedings within 30 days of the date you first purchased any of AIRTRAVIA's products or services (the "Withdrawal Period"). You may withdraw by sending written notice to Avenue du Général Leclerc, 54000 Nancy, France. Your written notice must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to withdraw will not have any adverse effect on your relationship with AIRTRAVIA. You are responsible for ensuring that AIRTRAVIA We have received your withdrawal notice and you may therefore wish to send a notice by means providing written acknowledgment of receipt.Any withdrawal request received after the withdrawal deadline will not be valid and you will have to pursue your claim through arbitration.
Waiver of class action lawsuit:
You and AIRTRAVIA agree that you may file or participate in claims against AIRTRAVIA only in its individual capacity, and not as a plaintiff or class member in any collective, consolidated, or representative proceeding. Unless you and Unless otherwise agreed in writing by AIRTRAVIA, the arbitrator may not consolidate or join the claims of other persons or parties who may be in a similar situation and may not otherwise preside over any form of representative or class action. Notwithstanding any other provision in this Agreement, any claim that all or part of this class action waiver is unenforceable, abusive, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
