BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY CLICKING THE ACCEPT BUTTON, OR BY EXECUTING AN ORDER FORM THAT REFERENCES THESE TERMS, YOU AGREE TO BE BOUND BY THERE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND MUST NOT USE THE THIS WEBSITE.
You may not access this Site if you are our direct competitor, except with our prior written consent. In addition, you may not access this Site for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
Effective Date April 1, 2019
1.1."AIRE," "We," "Us" or "Our" means ACQUA ANCIEN BATH, INC., or its affiliates, including ACQUA ANCIENT BATHS NEW YORK, LLC, ACQUA ANCIENT BATHS CHICAGO LLC. and the AIRE ANCIENT BATHS, S.L. company(s) providing services to you, as applicable.
1.2."Site" means this website and any and all content, software, data, information and materials contained therein and transactions completed thereon.
1.3."Third Party Content" means certain third party analysis, content, tools, features, materials, Sites, services or advertisements which AIRE makes available on or through this Site, or to which AIRE links on any Site.
1.4."Users" means individuals who are authorized by you to use the Site, and have been supplied user identifications and passwords by you (or by us at your request). Users may include but are not limited to your employees, consultants, contractors and other agents.
1.5."You" or "Your" means the company or other legal entity which is our client and for which you are accepting these Terms, including our client's affiliates.
2.2.AIRE shall not provide any services or provide any benefit to the extent that the provision of such services or benefit would violate applicable law or expose AIRE or its affiliates to any sanction, prohibition or restriction under UN Security Council Resolutions or under other trade or economic sanctions, laws or regulations.
2.3.By using the Site, you agree to transact electronically through the Site. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
2.4.By providing your telephone number, you are providing express written consent to receive communications from AIRE, (including its affiliates, agents, service providers, and affiliates for the purposes of defined above) for any purpose, including but not limited to marketing various services from both AIRE and companies AIRE has joint marketing agreements with. Additionally, you agree to receive communications from AIRE regarding your any service, and any information you may have obtained via your use of a Website. You agree that these communications include, but are not limited to, the use of an Automated Telephone Dialing System, prerecorded and/or artificial voice, SMS, MMS, text, fax, email or other similar means. Note, regardless of whether your phone number is registered on a state or federal Do Not Call list. You agree that AIRE is not responsible for any charges to you regarding these communications. Standard voice and data rates may apply. Further, you understand that you do not need to provide this consent to call as a condition to receive any good or service, in which case you will not provide your phone number.
3.Our Proprietary Rights
3.1.As between AIRE and you, and subject to your right, title and interest in data you submit through this Site or otherwise provide or submit to AIRE, AIRE owns all right, title and interest in and to the Site, including all related intellectual property rights subsisting therein. Subject to the limited rights expressly granted hereunder, AIRE reserves all rights, title and interest in and to the Site, including all related intellectual property rights subsisting therein. We grant no rights to you hereunder other than as expressly set forth herein. This Site and all materials and information published thereon are protected by U.S. and foreign copyright and other intellectual property laws. You agree to protect the proprietary rights of AIRE and to comply with all reasonable written requests made by AIRE or its third party licensors to protect their and others' rights in the Site and materials and content made available on or through the Site.
3.2.BEAIRE ™, AIRE ANCIENT BATHS, and our other trademarks and service marks are the property of AIRE. AIRE's trademarks and trade dress may not be used in any form without the prior written consent of AIRE, and any use shall be subject to AIRE's then-current policies and requirements. All other trademarks, services marks, logos, designs and trade dress not owned by AIRE that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AIRE.
4.Reservations and Payment
4.2.The purchase process is easy and simple. Depending on the product type, the Site will take you through a specific registration process for your product.
4.3.To book one of our AIRE experiences, click on "Book your AIRE Experience" on the right-hand side of our main page or click on "Book" from the main menu and choose "Book your AIRE experience".
4.4.What day do you want to come? You have to choose the date on which you want to enjoy your AIRE experience. Click on the day of your choice and it will take you to a new phase.
4.5.Promotional code/gift box. In this phase you have the chance to redeem any promotional code or gift box. You can choose another day by clicking on "RETURN," or, if you do not have a promotional code or gift box, click on "No, thank you" to continue with the reservation.
4.6.What time do you wish to start? In this phase you have to choose the time you want to enjoy your AIRE experience. The schedule is available from 10 am to 10 pm. Click on the selected time to proceed with the booking.
4.7.Which experience do you want to get acquainted with? This phase shows the list of AIRE Experiences available for the day and the time you have previously chosen.
4.8.Click on "+" to add the experience(s) to your booking. Once added it will show a purchase summary to the right of the page and you must click on "Continue" to proceed with the reservation.
4.9.Shall we improve your experience? In this phase we show the list of additional services available to improve your AIRE experience.
4.10.Click on "Add" if you want to improve your experience. Once added it will show a purchase summary to the right of the page. To continue with the reservation, click on "Continue".
4.11.How many of you are there? In this phase you have to indicate the number of men and/or women who are going to enjoy the AIRE experience. You have to indicate them in relation to the AIRE experiences you’ve previously added. The maximum number per gender is 8 people. Click "Continue" to proceed with the reservation.
4.12.Summary. This phase shows the reservation summary so that you can subsequently continue with the reservation if everything is correct. It gives you the chance to cancel the reservation.
4.13.Reservation data. In this phase you have to enter your personal data in order to finalize the reservation. The obligatory data requested from you is the following:
4.14.Additionally, you can tell us how you heard about us. Among the possibilities are: Through a friend, Social networks, Press advertising, or Other. If you wish, click “subscribe” and give your express consent to receive promotions and information about Aire.
5.1.To give one of our AIRE Experiences, click on "Give an AIRE Experience" on the right-hand side of the main page, or click on "Book" from the main menu and choose "Give an AIRE Experience."
5.2.How do you want us to send the gift box? Initially you have to choose how you want to send the gift box. You have two options available to you:
- Delivery by courier service: We send your gift box by courier service to your desired location and recipient.
- Send by email: We send the virtual gift box via email to the person of your choosing.
5.3.Do you have any promotional codes? In this phase, once you have chosen the shipping method, you can redeem a promotional code by entering it. If you don't have one, click on "No, thank you" to continue with your booking.
5.4.How many of you are there? In this phase you have to indicate the number of people who are going to enjoy the AIRE Gift Box. You have to indicate them in relation to the AIRE experiences that you are going to select. Click "Continue" to proceed with the reservation.
5.5.Which experience do you wish to get acquainted with? In this phase the list of available AIRE Experiences is shown. For each experience you get the following information:
- Name of the experience
- Descriptive photography
- Link for obtaining detailed information
- Link to adding the experience to your booking
5.6.Click on "+" to add the experience(s) to your booking. Once added it will show a purchase summary to the right of the page, then you must click on "Continue" to proceed with your reservation.
5.7.Should we improve your experience? In this phase the list of additional available services to improve your AIRE experience is shown. For each additional service you can view the following information:
- Name of the additional service
- Descriptive photography
- Link for obtaining detailed information.
- Link to adding the additional service to your experience.
5.8.Click on "Add" if you want to improve the experience. Once added it will show a purchase summary to the right of the page. To proceed with your reservation, click on "Continue."
5.9.Summary. This phase shows the summary of the reservation so that you can subsequently, continue with your reservation if everything is correct. It gives you the chance to cancel the reservation.
5.10.How do we ship the gift box? In this phase you have to indicate how we should send the gift box. There are two options to choose from:
- Pick up at the AIRE establishment
- Within 72 hours
Click "Continue" to continue the process.
- By courier: "Within 72 hours" delivery method. You have to enter the data fields marked as obligatory for the Shipping Address, First Name, Surname, Address, Zip Code, City, State. Click "Continue" to proceed and enter the sender's details.
- By email: You are asked for a delivery address that includes the name, surname, email and dedication and you must indicate if you want to send it today or on a specific date. Click "Continue" to proceed and enter the sender's details. In both cases, you then have to enter the sender's personal in the mandatory fields marked as name, surname and email.
Additionally, you can indicate how you heard about us by marking one of the following options: Through a friend, Social networks, Press advertising, or Other.
6.Invoice, Taxes, and Payments
Where can I consult my invoice? When you make a purchase, the Site asks if you want an invoice, in which case, tax information is requested and an invoice is generated in pdf format. This invoice is sent, in the event that you have any questions, to our reservations and customer service center.
In accordance with current regulations, any purchase made through the Site will be subject to taxes of 4.5% or 8.875%, depending on the product or service.
In order to process payments for our products or services, you will be connected with the payment gateway for the banking entity through which AIRE processes payments. To pay for the reservation, you are requested to provide the following information:
- Card number
- Expiration date
- Security code
Once the information has been entered and verified, click on the "PAY" button to make the payment. Generally speaking, the User will be able to choose the form of payment:
By credit/debit card, which in addition to other info requires:
- card number
- Card expiration date
Once you have confirmed all of your purchase information (items, shipping methods, delivery address and billing) an option will appear asking you to choose your desired payment method and enter your data.
In the event that the payment platform informs you that your card has been refused, the order will automatically be canceled and, as previously mentioned, the customer will be informed online at the time of the cancellation.
Your credit card data will not be stored in our database, as it is entered via the secure Site of the selected bank. Your card data is protected at all times thanks to the bank’s secure servers, which use SSL encryption in their communications.
6.4.General Provisions on the Payment Process
(a)The order payment provided by the User necessarily implies the adherence to these General Terms and Conditions as well as of the specific conditions for the order.
(b)For any form of payment selected by the User, all payments shall be subject to the terms and conditions of the participating financial entities or secure payment platforms (e.g. Visa, Mastercard, Iupay, etc.) that are applicable to the User.
(c)Once payment has been correctly submitted the User will receive an informative email and another email confirming the essential conditions of the sales contract.
(d)AIRE reserves the right to cancel payments or orders in the event that there are signs of a fraudulent transaction. In such cases, it will inform the competent authorities of said conduct in the hope that an investigation (if warranted) will prevent fraud.
7.1.The purchase and/or contracting of any product or service offered by AIRE via this Site will have a return time of 14 calendar days from the date of purchase before cancellation is possible. For this to be fulfilled, the desire to cancel the contracting must be communicated in a reliable manner within the indicated maximum time frame. The proof of purchase must also be presented or sent, along with the acquired receipt or complete gift box in its case. The return will not be valid 15 calendar days after the date of purchase.
7.2.We remind you that when exercising your right to cancel, you will be reimbursed for the product(s) purchased, including the full amount of the purchase, and, if applicable, delivery costs in the sum of the least expensive delivery method. In addition, if you opted for home pickup, the cost of the collection itself will be borne by the customer.
7.3.In exercising the right to cancelation, no items may be returned if they are a customized product, do not have their original packaging intact and are unsealed. In this sense, we will not accept the return of any products that show that protective film of the box or wrapping has been manipulated in some way. Should this happen, the value of the item will suffer a similar devaluation.
7.4.For cases where, upon delivery, you think that the product does not conform to the one stipulated in the contract, is damaged during shipment, or is incorrect, you will need to contact us immediately via our contact form, providing the product information as well as details on the damage it suffered.
7.5.Once the return request has been examined and the appropriate verifications have been carried out, we will proceed to collect the product at the place of delivery before sending a confirmation email.
7.6.We will proceed to carefully examine the returned product and within a reasonable time frame will notify you via email if it should be returned or replaced (if applicable). The return or replacement of the item will take place as soon as possible and, in any case, within 15 calendar days after we send you an email confirming that the return or replacement of the non-conforming item will proceed. The amounts paid for those products that are returned due to a proven fault or defect will be refunded in full, including the costs incurred for delivering the item. The refund will be made via the same payment method that was used to make the purchase.
7.7.If you received the wrong order, please call Customer Site at +1 646 878 6174 or send an email to firstname.lastname@example.org. We will be happy to assist you in correcting the error.
7.8.The right to cancelation does not apply to the delivery of products whose features may have been altered.
7.9.The right to cancellation does not apply to the delivery of Products with features that have clearly been altered.
8.Restrictions on Use
8.1.Except as otherwise expressly provided in these Terms or on the Site, you may not download, modify, copy, reproduce, republish, post, resell, upload, transmit or distribute any materials or content, including without limitation any report generated through AIRE Market Information function (such as the Ratings by Layer report), or any portion thereof from or linked to the Site, except with the express written consent of AIRE or its third party licensors.
8.2.In addition, you agree not to:
(a)Use or access the Site for any purpose that is unlawful or prohibited by the Agreement or display, transmit or otherwise make available on or through the Site material that is infringing, threatening, harassing, libelous, hateful, racially or ethnically objectionable, unlawful, tortious, harmful to children, invasive of another's privacy or violative of third party privacy rights;
(b)Reverse engineer, decompile, modify, or create derivative works from any software or materials accessible by or on the Site;
(c)Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AIRE without express written consent;
(d)Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of AIRE or any of our third party licensors without the express written consent of AIRE;
(e)Use or access the Site in a manner that could damage, disable, overburden, or impair any AIRE server or the networks connected to any AIRE server;
(f)Interfere with any third party's use and enjoyment of the Site;
(g)Attempt to gain unauthorized access to the Site, accounts, computer systems, or networks connected to any AIRE server through hacking, password mining, or any other means;
(h)Sublicense any license granted in or to materials on the Site (whether or not any of such acts are for commercial gain or advantage); or
(i)Access the Site in order to build a competitive product or service, or copy any features, functions or graphics of the Sites.
You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all content and data submitted to or published via the Site by you; (ii) comply with all applicable laws (including but not limited to export laws) in using the Site; and (iii) use the Site solely in accordance with any online user guides or instructions made available on or through the Site. You shall not disclose or share any ID(s) and password(s) used to access this Site. You are responsible for all activity that occurs under your ID(s) and password(s). You agree to monitor strictly your users' use of the Sites and enforce the Terms and Additional Terms in your organization. You agree to notify AIRE in writing promptly upon becoming aware of any unauthorized access or use of the Site by any party.
10.Links And Third Party Information
10.1.Third Party Content is not maintained or controlled by AIRE, and as a matter of policy, AIRE does not independently verify, prescreen or monitor any such Third Party Content. While we believe the Third Party Content is from reliable third party sources, we are not responsible for the availability, content, completeness, adequacy, utility or accuracy of such Third Party Content. AIRE does not make any endorsement, express or implied, of any Third Party Content.
10.2.Website features that interoperate with Third Party Content depend on the continuing availability of such third party services and materials for use with the Site. If the third party providers of such services or materials cease to make the services or materials available on reasonable terms for the Sites, we may cease providing such Site features.
11.Disclaimers and Limits of Liability
11.1.THE WEBSITE AND THE INFORMATION AND DATA ON THE SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
11.2.AIRE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICES, OR ANY INFORMATION OR SERVICE ON A LINKED WEBSITE. Some jurisdictions do not allow the limitation or exclusion of certain implied warranties, liability, incidental or consequential damages, so certain provisions of this Agreement may not apply to you.
12.1.We shall defend you against any claim, demand, suit, or proceeding (" Claim") made or brought against You by a third party alleging that the use of the Sites as permitted hereunder infringes or misappropriates the intellectual property rights of a third party, and shall indemnify You for any damages finally awarded against, and for reasonable attorney's fees incurred by, you in connection with any such Claim; provided, that you (a) promptly give us written notice of the Claim; (b) give us sole control of the defense and settlement of the Claim (provided that We may not settle any Claim unless the settlement unconditionally releases You of all liability); and (c) provide to us all reasonable assistance, at Our expense.
12.2.You shall defend us against any claim made or brought against us by a third party alleging that your use of the Sites in violation of this Agreement, or the data or information you submit through the Site, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify us for any damages finally awarded against, and for reasonable attorney's fees incurred by, us in connection with any such Claim; provided, that we: (a) promptly give you written notice of the Claim; (b) give you sole control of the defense and settlement of the Claim (provided that you may not settle any Claim unless the settlement unconditionally release us of all liability); and (c) provide to you all reasonable assistance, at our expense.
12.3.This Section (Mutual Indemnification) states the indemnifying party's sole liability to, and the indemnified party's exclusive remedy against, the other party for any type of Claim described in this Section.
13.Changes to Agreement
AIRE reserves the right to make changes, modifications, amendments, and/or updates to this Site and the Agreement. When these changes are made, we will make a new copy of the Agreement available on this Site. Changes to the Agreement shall be effective when posted. You understand and agree that continued use of the Site after the Agreement has changed will be treated as your acceptance of the updated Agreement.
14.Term and Termination
This Agreement commences on the date you accept it and continues until terminated in accordance with this paragraph. You may terminate your use of the Site without cause at any time upon written notice to us. We may terminate access to and use of the Site (a) at any time with or without cause, upon notice to you or (b) upon termination of your relationship with AIRE for any reason. Sections 3 (Proprietary Rights), 8 (Links and Third Party Content), 9 (Disclaimers and Limits of Liability), 10 (Indemnification), 14 (Governing Law) and 17 (Miscellaneous) shall survive any termination or expiration of this Agreement. We shall have no obligation to maintain or provide you a copy of any of your data in the Site following termination or expiration of this Agreement, unless otherwise specified in other applicable agreement between you and AIRE, or unless legally required to be retained. UPON TERMINATION OF YOUR ACCESS TO OR USE OF MATERIALS STORED IN THE SERVICE WILL NOT BE ACCESSIBLE THROUGH THE SERVICE.
This Agreement shall be governed by the laws of the State of New York, without reference to the principles of conflicts of laws thereof. You hereby irrevocably and unconditionally accept and agree to submit to the exclusive jurisdiction of any state or federal court in the State and County of New York to hear any dispute relating to this Agreement. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) and Uniform Computer Information Transactions Act (UCITA), as adopted by any state, are specifically excluded from application to this Agreement.
16.Agent For Notice Of Claimed Copyright Infringement
AIRE respects the intellectual property rights of authors. To assist copyright owners, AIRE has appointed an agent to receive notifications of claims or allegations of copyright infringement regarding materials available or accessible on, through, or in connection with the Site. Any person authorized to act for a copyright owner may notify us of such claims by contacting us in writing at the following address:
General Counsel, ACQUA ANCIEN BATH INC.
Attn: Copyright Agent
770 N Halsted St, 60642
Chicago, IL, United States
You acknowledge and agree that any violation of the Agreement relating to the disclosure, use, copying, distribution, display or publishing of the content made available through the Site by us or by third party licensors, including any software licensed hereunder, may result in irreparable injury and damage to AIRE or its licensors that may not be adequately compensable in money damages, and for which AIRE will have no adequate remedy at law. You, therefore, consent and agree that AIRE may obtain injunctions, orders, or decrees as may be reasonably necessary to ensure compliance with this Agreement. You hereby waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or decrees.
The parties waive any right to bring representative claims on behalf of a class of individuals, on behalf of the public, as a private attorney general, or otherwise (the “class action waiver”). Except for this class action waiver, this clause may be severed or modified if necessary to render it enforceable under the Federal Arbitration Act.
19.Limitation on Time to File Claims
We may assign our rights and obligations under this Agreement, without notice, to: (a) any affiliate of AIRE; or (b) any party or its affiliate acquiring all or substantially all of the assets or stock by merger or otherwise of AIRE or any affiliate of AIRE. This Agreement may not be assigned by you without our prior written consent. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
At any time, you can contact our Customer Site Department to ask for help, make a suggestion or submit a complaint by writing to email@example.com, or by calling +1 646 878 6174 between 09:00 to 20:00, Monday through Friday.