Breath.In Air Terms of Service

Last updated: 22 February 2025

OVERVIEW

This website is operated by Breath.In Air. Throughout the site, the terms “we”, “us” and “our” refer to Breath.In Air. Breath.In Air offers this website, including all information, tools, and services available here to you (the “User”), conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any 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, then you may not access the website or use any 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 website shall also be subject to these 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., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

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 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 may you, 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, viruses, or any code of a destructive nature. A breach or violation of any of these Terms will result in an 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 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 for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain historical information that is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain 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 Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear on the site. We cannot guarantee that your computer monitor's display of any color 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 and reserve the right to limit the quantities of any products or services that 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 warrant that the quality of any products, services, information, or other material 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, in 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 e‑mail and/or billing address/phone number provided at the time the order was made. 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 on 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 detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through 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 provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, send creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), you agree that we may, at any time and 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 not obligated to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, 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 rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. 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 affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone 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 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. Please review our Privacy Policy to understand our practices.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains 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 other prohibitions as set forth in these Terms of Service, you are prohibited from using the site or its content to:
(a) engage in any unlawful purpose;
(b) solicit others to perform or participate in any unlawful acts;
(c) violate any international, federal, provincial, state regulations, rules, laws, or local ordinances;
(d) infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) submit false or misleading information;
(g) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service or any related website, other websites, or the Internet;
(h) collect or track the personal information of others;
(i) spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) engage in any obscene or immoral activity; or
(k) 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 these 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 warrant that the results obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you.

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 provided “as is” and “as available” (except as expressly stated by us) for your use without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Breath.In Air, its 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—including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages—whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured 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, any errors or omissions in any content, or any loss or damage of any kind incurred as a result 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 shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Breath.In Air and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, 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 any documents they incorporate by reference) or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive termination of this agreement for all purposes.

These Terms of Service remain in effect 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 by ceasing to use our site.

If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination and/or may be denied access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement and understanding between you and us regarding your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written (including any prior versions of these Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO 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, at our sole discretion, to update, change, 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 following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:
info@breathinair.com

Additional Terms for UK Orders (Qualifying Customer Orders)

  1. Ordering Process:
    You are shopping on a merchant’s website (the “Merchant”). If you place an order with the Merchant (i.e., Breath.In Air) for delivery to an address in the UK (a “Qualifying Customer Order”), where the total value of the products comprising that order does not exceed 135 British Pounds Sterling, or where products comprising the order are sent in separate consignments each valued at no more than 135 British Pounds Sterling, then the products will be sold by Passport Global Limited (“Passport”) in the manner described below.

  2. Sales Structure:
    For a Qualifying Customer Order, the items that you are purchasing will be sold first by Breath.In Air to Passport, and then by Passport to you. Passport becomes the “Supplier” of goods for UK VAT purposes in relation to your purchase. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors to enable Passport to complete your order.

  3. Acceptance of Terms:
    Your Qualifying Customer Order is subject to:
    (1) these Terms of Service; and
    (2) any relevant terms and conditions imposed by Breath.In Air as the Merchant.
    By completing your purchase, you confirm that you have read and agree to be bound by all of these terms.

  4. Order Processing:
    By placing a Customer Order on Breath.In Air’s website, you understand and agree that:
    4.1. You are dealing with and providing your information to Passport. Passport is entitled to verify and authenticate your payment information, and if it is unable to verify this information, Passport may contact you and/or your payment card issuer to confirm your identity and/or your intent to place the order.
    4.2. If there is an error in the price listed for a product on Breath.In Air’s website, or in the price applied during the processing of your order, Passport is entitled to contact you, correct the price, and/or cancel your order.
    4.3. Breath.In Air remains responsible for handling payment for your order.
    4.4. Once your payment is processed, ownership of the items will shift from Passport to you, and the items in your order will be provided to a carrier for shipment to you.
    4.5. Passport or Breath.In Air will direct the carrier to ship your order to the shipping address you provided. Certain addresses (e.g., PO boxes) may be ineligible for shipment.
    4.6. Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel orders for any reason or no reason, in its sole discretion.
    4.7. If you are under the age of majority in the jurisdiction in which you reside, the approval of your parent or guardian is required to complete your purchase.

  5. Currency:
    You may select your preferred payment method and currency from a list of options available at checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.

  6. Billing:
    If you use a payment card or another electronic payment method, the charges to your account for your order will be subject to the Merchant’s terms and conditions.

  7. Shipping:
    Items in your order may be shipped as a single shipment or via multiple shipments. If items in your Qualifying Customer Order are shipped in multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.

  8. Chargebacks, Fraud Prevention, and Void Transactions:
    For your protection, Passport may use various fraud prevention protocols, policies, and industry-standard verification systems to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication and “ship to”/“bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If a systemic error results in the processing or acceptance of a transaction for which authorization has been declined, that transaction will be void.

  9. Customer Service and Returns:
    Questions or complaints about your order should be directed to Breath.In Air in the first instance. Passport may work with Breath.In Air as necessary to resolve your issue. Breath.In Air is authorized to allow for returns or refunds on orders in accordance with its Return Policy, including reimbursement of the original sales prices of returned products. Passport may refuse any return requested if a restriction applies to the item in question. You accept that your sole remedies are against Breath.In Air.

  10. General Terms for Qualifying Customer Orders:
    10.1. Compliance with Applicable Laws:
    You certify that any products purchased through a Qualifying Customer Order will not be exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or any applicable United States sanctions and embargoes administered by the United States Treasury Department. It is your responsibility to know the laws of the country into which you are importing any products ordered from Breath.In Air. By placing a Qualifying Customer Order, you certify that the import of the products to the shipping address provided does not violate any laws or regulations of that country. 10.2. Privacy:
    To complete your Qualifying Customer Order, you will provide personal information to Passport, and you consent to such personal information being collected, used, processed, disclosed, and/or stored by Passport and its service providers as may be required to process and complete your order, in accordance with Passport’s Privacy Policy. Passport accepts no liability or responsibility for the collection, use, processing, disclosure, or storage of your personal information by Breath.In Air or its service providers. The collection, use, processing, disclosure, and/or storage of your personal information by Breath.In Air or its service providers is governed by Breath.In Air’s Privacy Policy. Breath.In Air and Passport may analyze transactional data for the purpose of identifying trends, statistics, and measurements that could enhance the customer experience. Any transactional data analyzed for these purposes will be aggregated and de-identified. 10.3 Electronic Communications:
    When you place a Qualifying Customer Order through Breath.In Air’s website, you are communicating with Passport electronically, and you consent to entering into this agreement by electronic means and to receiving communications from Passport electronically (e.g., via email). 10.4. Modifications:
    You acknowledge that Passport may make changes to its systems, policies, and these Terms of Service at any time. Passport will ensure that the current version of these Terms of Service is presented every time you place a Qualifying Customer Order on Breath.In Air’s website. You are responsible for reviewing these Terms of Service each time you place an order. If you do not agree to any changes, you must not complete your order. Any order placed after the effective date of a change constitutes your agreement to the updated Terms. 10.5. Severability:
    If any portion of these Terms of Service is found to be invalid, void, or unenforceable, that term or portion shall be severed, and the remaining terms shall remain in full force and effect. 10.6. Proceedings:
    Any action or proceeding arising out of or relating to these Terms of Service must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of those courts for all such purposes. 10.7. Language:
    The parties agree that this agreement and all related documents shall be drawn up in English.