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Terms of service
Terms of Service
Overview
Welcome to Fresh Home Air! The terms "we," "us," and "our" refer to Fresh Home Air LLC. Fresh Home Air operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Fresh Home Air is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services. Please read them carefully, as they include important information about your legal rights, warranty disclaimers, and limitations of liability. By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use or access our Services.
Section 1 — Access and Eligibility
By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence, and you have the legal authority to enter into this agreement. You may not use the Services for any unlawful purpose or in violation of these Terms.
To make a purchase, you may be required to provide billing, payment, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials.
Section 2 — Our Products
Fresh Home Air is an authorized dealer of Airpura and Austin Air products. We have made every effort to accurately represent our products and services. However, colors or product appearance may differ from how they appear on your screen due to device settings and display calibration. We do not warrant that the appearance or quality of any product will meet your expectations or match exactly as depicted.
Product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product or limit quantities available to any person or region.
Section 3 — Orders
When you place an order, you are making an offer to purchase. Fresh Home Air reserves the right to accept or decline any order for any reason. Your order is not accepted until we confirm acceptance and successfully process your payment.
Please review your order carefully before submitting, as Fresh Home Air may be unable to accommodate cancellations after an order is accepted. In the event an order is not accepted, modified, or canceled, we will attempt to notify you via the contact information provided at checkout.
Your purchases are subject to return or exchange solely in accordance with our Return & Refund Policy.
Section 4 — Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be confirmed in your order confirmation email. Unless otherwise stated, posted prices do not include taxes or shipping charges.
You agree to provide current, complete, and accurate payment information. You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use the payment method provided; and (iii) charges incurred will be honored by your financial institution. You will pay all charges at the posted prices, including applicable shipping and taxes.
Section 5 — Shipping and Delivery
All orders ship directly from our manufacturer partners — Airpura (Laval, Quebec, Canada) and Austin Air (Buffalo, NY). We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.
Once we transfer products to the carrier, risk of loss passes to you. Please see our Shipping Policy for full details.
Section 6 — Intellectual Property
All content on the Services — including text, images, logos, graphics, product descriptions, and design — is owned by Fresh Home Air, its affiliates, or its licensors and is protected by U.S. and international intellectual property laws. These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, or transmit any content from the Services without our prior written consent.
Fresh Home Air's names, logos, and brand elements are trademarks of Fresh Home Air LLC. Shopify's name, logo, and related marks are trademarks of Shopify Inc. All other trademarks belong to their respective owners.
Section 7 — Third-Party Tools and Links
The Services may include access to tools or links provided by third parties, which we neither control nor monitor. Such tools and links are provided "as is" without any warranties or endorsement. We are not liable for any harm resulting from your use of third-party tools or websites. Please review the applicable third-party terms before use.
Section 8 — Relationship with Shopify
Fresh Home Air is powered by Shopify, which enables us to provide the Services. All sales and purchases are made directly with Fresh Home Air. Shopify is not responsible for any aspect of transactions between you and Fresh Home Air, including any injury, damage, or loss resulting from purchased products. By using the Services, you expressly release Shopify and its affiliates from all claims arising from or related to your purchases with Fresh Home Air.
Section 9 — Privacy Policy
All personal information we collect is subject to our Privacy Policy, which is incorporated into these Terms by reference. Certain information may also be subject to Shopify's Privacy Policy.
Section 10 — Feedback
If you submit any ideas, suggestions, reviews, or other feedback, you grant Fresh Home Air a perpetual, worldwide, royalty-free license to use, reproduce, modify, and publish that content for any purpose, including to improve and promote the Services. You represent that you own or have rights to all feedback you submit, and that it does not violate any third-party rights.
Section 11 — Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, shipping, or availability. We reserve the right to correct any such errors and to update or cancel orders if information is inaccurate, at any time without prior notice.
Section 12 — Prohibited Uses
You may use the Services for lawful purposes only. You may not use the Services to: violate any law or regulation; infringe on any intellectual property rights; transmit false or misleading information; send spam or unsolicited communications; impersonate any person or entity; upload malicious code; scrape or collect data from the Services; or interfere with the security or operation of the Services. We reserve the right to terminate your access for any violation of these Terms.
Section 13 — Termination
We may terminate your access to the Services at any time without notice if we determine you have violated these Terms. You will remain liable for all amounts due up to and including the date of termination. Provisions that by their nature should survive termination will continue to apply.
Section 14 — Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED BY FRESH HOME AIR, THE SERVICES AND ALL PRODUCTS OFFERED ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Section 15 — Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FRESH HOME AIR, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR ANY SIMILAR DAMAGES, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
Section 16 — Indemnification
You agree to indemnify, defend, and hold harmless Fresh Home Air LLC, Shopify, and our affiliates, officers, directors, employees, agents, and service providers from any losses, damages, liabilities, or claims — including reasonable attorneys' fees — arising out of (1) your breach of these Terms; (2) your violation of any law or the rights of a third party; or (3) your use of the Services.
Section 17 — Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, it shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed from these Terms without affecting the validity of the remaining provisions.
Section 18 — Waiver; Entire Agreement
Our failure to exercise or enforce any right under these Terms shall not constitute a waiver of that right. These Terms, together with our Privacy Policy and any policies referenced herein, constitute the entire agreement between you and Fresh Home Air governing your use of the Services and supersede any prior agreements.
Section 19 — Assignment
You may not transfer or assign your rights under these Terms without our prior written consent. Fresh Home Air may transfer, assign, or delegate these Terms and our rights and obligations without notice to you.
Section 20 — Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflict of law principles. You and Fresh Home Air consent to the exclusive venue and personal jurisdiction of the courts located in the State of Michigan for any disputes arising from these Terms or your use of the Services.
Section 21 — Changes to These Terms
We reserve the right to update or replace any part of these Terms at any time. Changes will be posted to this page with a revised date. We will notify you of material changes as required by applicable law. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.
Section 22 — Contact
Questions about these Terms should be directed to:
Fresh Home Air LLC
support@freshhomeair.com