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Terms and Conditions

Terms of Sale

Last Updated: November 2nd, 2016

Applicability
These Terms of Sale (“Terms”) apply to all consumer purchases of products sold in the United States by Baltek, Inc. (“Baltek”) through the website located at https://shop.my-airex.com/ (the “Website”).

You agree to these Terms by placing your order. If you have already placed your order and no longer want to be bound to these Terms, then you must either promptly cancel your order by contacting Baltek at Baltek.CustomerService@3acomposites.com or return your purchase in accordance with Baltek’s return policies described below.

Binding Agreement
These Terms are a binding agreement. As an agreement between Baltek and yourself, these Terms may not be altered, supplemented or amended by any other document unless the new document is signed by both you and Baltek. In addition to these Terms, the terms contained within Baltek’s Terms of Use and Privacy Policy may apply to your purchase.

Orders, Pricing and Payments
By adding desired products to your cart on the Website and submitting all required information during the checkout process, you have placed an order with Baltek and are bound by such order, subject to Baltek’s return policy (as described below) and the availability of the products ordered. We will confirm receipt of your order by sending you an email. The purchase price as well as incurred shipping costs shall become due at the time your order is placed.

While Baltek makes every attempt to ensure that the products displayed on the Website are available for purchase, there may be times when we no longer have a product you have ordered available. In such event, we will refund to you the applicable purchase price.

Terms of Payment
You may pay via credit card (MasterCard or Visa) or PayPal.

Shipping
Title to products ordered by you passes to you when the product is shipped. You have twenty-one (21) days to notify Baltek of any missing, wrong, or damaged portion of your purchase or Baltek cannot be held responsible for these issues. Unless you provide Baltek with a valid and correct tax exemption certificate applicable to your purchase of product and the product ship-to location, you are responsible for sales and other taxes associated with the order.

Warranties

THE PRODUCTS SOLD FROM THE WEBSITE ARE COVERED BY A LIMITED WARRANTY WHICH IS AVAILABLE AT THE FOLLOWING LINK FOR YOUR REVIEW: https://shop-us.my-airex.com/sec/agb/#wrnt THE LIMITED WARRANTY ASSOCIATED WITH A PRODUCT (AND THE ASSOCIATED REMEDIES DESCRIBED IN SUCH WARRANTY) ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES. IF WE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES WILL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY AND TO REFUND, REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY US IN OUR SOLE DISCRETION. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO OUR EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

AIREX AG
LIMITED 90-DAY WARRANTY


What is Covered And For How Long:
Airex AG (“Airex”) warrants that AIREX® gymnastic and fitness pads and balance mat products are free from manufacturing defects for a period of 90 days from the date of the original purchase of the product from Airex or its authorized distributors. Except where restricted by law, this warranty applies only to the original purchaser of a new product.

What Will Airex Do:
This warranty is limited to the replacement of the defective product by Airex.

How Do You Get Warranty Service:
Should your AIREX® pad or mat show signs of a covered defect prior to the expiration of the 90 day warranty, you should contact our customer service department at 1 336-398-1864. to discuss options to exchange or return the product. All transportation, shipping and return costs shall be at your expense, and not Airex’s expense.

What Is Not Covered By this Warranty:
This warranty does not extend to any defect or problem caused by the negligence or acts of you or others, failure to maintain the product in accordance with instructions furnished with the product, unreasonable use, use of a product for other than its designed or intended use, accidents, alterations, or ordinary wear and tear.

Limitation on Damages:
AIREX IS NOT RESPONSIBLE OR LIABLE FOR INDIRECT AND CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF ANY PRODUCT, LOSS OF TIME, INCONVENIENCE, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO PERSONS, BUSINESS OR PROPERTY, WHETHER AS A RESULT OF BREACH OF WARRANTY, NEGLIGENCE OR OTHERWISE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation on Duration of Implied Warranties:
ANY IMPLIED WARRANTIES RELATED TO THE PRODUCTS UNDER APPLICABLE LAWS (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED TO THE DURATION OF THE LIMITED WARRANTY AS DESCRIBED ABOVE IN THE SECTION ENTITLED “What is Covered And For How Long”. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

How State Law Applies:
This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.

Return Policy

You have the right to return any product purchased from Baltek within fourteen (14) days. In order to return a product, please inform us of your decision to return such product in writing (e.g., a letter sent by mail, telefax, email or by telephone) using the following contact information Baltek.CustomerService@3acomposites.com.

You may also electronically fill out and submit the revocation form template. If you make use of this option we will send you a confirmation of the receipt of such return form by email.

If you return a product during the fourteen (14) day return period, Baltek will return all payments received from you including standard delivery costs within fourteen (14) days from the date of our receipt of the return request. To provide your refund, we shall use the same payment method you used in the initial transaction except where express provision was made to the contrary; in no case will you be charged fees for this repayment. We shall be entitled to refuse to process your refund until the merchandise has been returned to us or until you have furnished proof that you sent the merchandise back.

Limitation of Liability
BALTEK DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES /INCLUDING ANY LIMITED WARRANTY REMEDIES ASSOCIATED WITH ANY PRODUCTS/ SET FORTH OR REFERENCED HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, OR LOSS OF BUSINESS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, BALTEK WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF A PRODUCT, BALTEK IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.

No Resale or Export
Your purchase is for your own use, and no products purchased by you from Baltek may be resold or exported outside of the United States.

Governing Law
These Terms and the relationship between you and Baltek will be governed by the laws of the State of North Carolina, without regard to conflict of law provisions. Without limiting the Section of these Terms entitled “Arbitration”, you agree and consent to the exclusive jurisdiction of the state or federal courts located in Mecklenburg County, North Carolina and waive any defense of lack of personal jurisdiction or improper venue or inconvenient forum.

Arbitration
YOU AND BALTEK BOTH AGREE TO RESOLVE DISPUTES BY BINDING ARBITRATION. UNLESS YOU AND BALTEK AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN CHARLOTTE, NORTH CAROLINA AND SHALL BE ADMINISTERED IN ACCORDANCE WITH THE RULES OF THE FEDERAL ARBITRATION ACT AND THE AMERICAN ARBITRATION ASSOCIATION. YOU AND BALTEK UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY.

Terms of Use

Last Updated: November 2nd, 2016
The following terms and conditions govern all use of the website of Baltek, Inc. (“Baltek”) located at
https://shop.my-airex.com (the “Website”) and all content, services and products available at or through the Website. In order to use the Website, access the information contained on the Website, or purchase products provided for sale by Baltek through the Website, you must first read these Terms of Use (“Terms”) and agree without modification to all the terms and conditions contained herein.

The Website is intended for the marketing and sale of products within the United States. If you are located in the European Union and wish to purchase any products advertised on this Website, we encourage you to visit our affiliated site at https://shop.my-airex.com.

BY ACCESSING AND/OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS YOU MAY NOT USE OR ACCESS THE WEBSITE.

Changes to the Terms
Baltek may modify these Terms from time to time in our sole discretion without notice. When we do make changes to these Terms, we will revise the “last updated” date at the top of these Terms. You understand and agree that your use of the Website is governed by the Terms effective at the time of your use and your continued use of the Website after any changes have been made indicates your acceptance of the changes.

Privacy
Baltek has established a privacy policy to explain to you how your personal information is collected and used. Please review the privacy policy to understand our practices. The privacy policy is located here
http://www.airexbaltekbanova.com/en/legal.html.

Using the Website
A. Eligibility. To use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms.

B. User Account. When you first purchase products offered by Baltek at the Website, you will be required to select a username and password (“Account Credentials”). In creating your account, you must accurately provide all required information. You may not impersonate someone else, create an account for someone else, provide another’s email or create multiple accounts. You are responsible for maintaining the confidentiality of your Account Credentials. You are fully responsible for all activities that occur through the use of your user Account Credentials.

C. Website Availability. Baltek may modify, update, interrupt, suspend or discontinue the Website at any time without notice and in its sole discretion. The Website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Baltek is not responsible for any delays, failures or other damage resulting from such problems.

D. Limited License. Subject to your compliance with these Terms, Baltek grants you a limited, non-exclusive, non-transferrable, revocable license to access and use the Website. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose the reviews, ratings and any content without the express written consent of Baltek. The license granted by Baltek immediately terminates if you do not comply with these Terms.

E. Termination of Account. Baltek retains the right, in its sole discretion, to determine whether your use of the Website is consistent with these Terms. Baltek may suspend, restrict or terminate your use of the Website if your use fails to comply with these Terms.

Restrictions on Use
In connection with your use of the Website, you represent and warrant that you:

(a) are at least 18 years of age;

(b) will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website;

(c) will not access, retrieve, scrape, index, download or copy any information contained on the Website through artificial means, such as spiders, bots, hacking devices or other means;

(d) will not attempt to gain unauthorized access to the Website, other user accounts, or other computer systems or networks connected to the Website;

(e) will not use the Website in any way that could interfere with the rights of Baltek or the rights of other users of the Website;

(f) will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of content on the Website, or features that enforce limitations on the use of the Website;

(g) will not post any defamatory, illegal, infringing or misappropriated content to the Website; and

(h) will abide by all applicable laws.

Notice and Communications
You agree that Baltek may communicate with you under these Terms through email, regular mail or by posting any notices on the Website.

Third Parties
The Website may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that your use of a Third Party Site is at your own risk and that Baltek is not responsible for the availability or contents of any Third Party Site.

Intellectual Property
All content and information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, and software are the exclusive property of Baltek or its licensors and are protected by United States and international copyright laws.

No Warranty
THE WEBSITE IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BALTEK ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS OR FAILURE BY THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BALTEK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE AND ITS OPERATION, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY WARRANTY THAT THE WEBSITE WILL: (A) MEET YOUR REQUIREMENTS; (B) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR OWN RISK.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BALTEK WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION OR CONTENT ON THE SITE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Notice to California Residents
Under California Civil Code, Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website or any products offered through the Website, please contact us by writing to Wendy Arendall, Manager Customer Service & Logistics, Americas, Baltek, Inc., P.O. Box 16148, High Point, NC 27261 or by calling us at 1 336 398 1864. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by phone at 916-445-1254 or 800-952-5210.

Digital Millennium Copyright Act
In accordance with the Digital Millennium Copyright Act (“DMCA”), Baltek will promptly respond to claims of copyright infringement that are reported to the agent we have designated to receive notifications of claims of infringement, whose contact information is:

Baltek, Inc.
P.O. Box 16148
High Point, NC 27261
Attn: Wendy Arendall
Email: Baltek.CustomerService@3acomposites.com


If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our agent with written notice of the claimed infringement that includes the following:

a) A physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;

b) A description of the copyrighted work that is claimed to have been infringed;

c) A description of where the allegedly infringing material is located on the Website;

d) Your address, telephone number, e-mail address and any other information reasonably sufficient to allow us to contact you;

e) A statement from you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f) A statement made by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.

Governing Law
These Terms and the relationship between you and Baltek will be governed by the laws of the State of North Carolina, without regard to conflict of law provisions. Without limiting the Section of these Terms entitled “Arbitration”, you agree and consent to the exclusive jurisdiction of the state or federal courts located in Mecklenburg County, North Carolina and waive any defense of lack of personal jurisdiction or improper venue or inconvenient forum.

Arbitration
YOU AND BALTEK BOTH AGREE TO RESOLVE DISPUTES BY BINDING ARBITRATION. UNLESS YOU AND BALTEK AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN CHARLOTTE, NORTH CAROLINA AND SHALL BE ADMINISTERED IN ACCORDANCE WITH THE RULES OF THE FEDERAL ARBITRATION ACT AND THE AMERICAN ARBITRATION ASSOCIATION. YOU AND BALTEK UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY.

Severability
These Terms are severable. If any provision contained in these Terms is found to be illegal, invalid or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and the illegal, invalid or unenforceable provision shall be deemed modified so that they are legal, valid and enforceable to the maximum extent permitted by law.

Entire Agreement
The Terms contain the entire agreement between you and Baltek regarding the use of the Website and the purchase of products through the Website, and supersede any prior agreement, whether written or oral, between you and Baltek regarding the subject matter contained in these Terms.

The entering of personal data during the order and payment procedures is being secured by an SSL-encryption. Outsiders are unable to view the data you enter, since we use a modern 128-bit-technology to provide a secure Transmission.
 
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