Terms & Conditions

1. Who we are and what these terms do

This website is operated by Sabiedrība ar ierobežotu atbildību "Aerify International" (SIA "Aerify International"), a limited liability company registered in the Commercial Register of the Republic of Latvia on 20 May 2023 under registration number 40203485529, VAT number LV40203485529, with its registered office at Gravu iela 74-1, Spilve, Babītes pagasts, Mārupes novads, LV-2101, Latvia ("Aerify", "we", "us", "our").

These Terms & Conditions govern your use of aerifyrecovery.com and all purchases made through it. By using the site or placing an order, you accept these terms. If you do not accept them, please do not use the site.

We may update these terms at any time by posting a revised version. The terms that apply to your purchase are those in force on the date you place your order. Changes do not apply retrospectively to orders already placed.

The following documents form part of these terms: our Warranty and Delivery & Returns Policy and our Privacy Policy.

2. Consumers and business customers

Different terms apply depending on who you are.

Consumer means a natural person buying wholly or mainly outside their trade, business, craft or profession.

Business customer means anyone else, including sole traders, gyms, studios, clinics, physiotherapists, sports clubs, resellers and distributors.

Where a clause is marked [Consumers] it applies only to consumers. Where a clause is marked [Business] it applies only to business customers. Unmarked clauses apply to both.

You confirm on ordering that the classification you select is accurate. Where you order using a company name, VAT number or business address, we treat you as a business customer.

3. Health, safety and suitability — please read before purchase

Aerify products are recovery and wellness products. They are not medical devices and are not intended to diagnose, treat, cure or prevent any disease or condition.

Do not use Aerify compression products, and consult a qualified doctor before purchase, if you have or suspect any of the following: deep vein thrombosis or any history of blood clots, pulmonary embolism, acute or unstable heart failure, uncontrolled or severe hypertension, peripheral arterial disease or severe circulatory impairment, active infection, cellulitis or open wounds in the treatment area, recent fracture or unhealed surgical site, severe peripheral neuropathy or loss of sensation, active cancer or lymphoma, pregnancy, or a pacemaker or other implanted electronic device.

A full list of contraindications, warnings and safe operating instructions is supplied in the user manual included with every product. You must read the manual before first use.

You are responsible for determining whether an Aerify product is suitable for you and for using it in accordance with the supplied instructions and at appropriate pressure settings. Statements on our website, in marketing materials, in customer testimonials and in athlete endorsements are general information about recovery and are not medical advice, a diagnosis, or a recommendation for your circumstances.

To the fullest extent permitted by law, we accept no liability for injury, aggravation of any existing condition, or other harm arising from use of a product where a contraindication above applied, where the product was used contrary to the instructions or the user manual, or where you did not seek medical advice when this section required it. Nothing in this section limits our liability for death or personal injury caused by our negligence, or for any other liability that cannot lawfully be excluded.

4. Orders

Product listings are an invitation to treat, not an offer. Your order is an offer to buy. A contract is formed only when we send you a dispatch confirmation. An order confirmation or payment receipt does not form a contract.

We may refuse or cancel any order, in whole or in part, at our discretion, including where the product is unavailable, where pricing or product information was published in error, where we suspect fraud or misuse of a promotion, where we suspect the order is placed for resale, or where we cannot deliver to your address. Where we cancel a paid order we refund you in full, and that refund is our entire liability for the cancellation.

We may limit quantities per person, household, address, payment method or order.

5. Prices, errors and payment

Prices are shown in the currency displayed at checkout and may change at any time without notice. Prices in force at the time of your order apply to that order.

Where a price or product description is published in error, we are not bound by it. We will contact you and give you the choice of proceeding at the correct price or cancelling with a full refund, even after dispatch confirmation.

Import duties, customs charges and local taxes on deliveries outside the European Union are your responsibility and are not included in the price. Refused deliveries and unpaid customs charges resulting in return of the goods to us are chargeable to you, and we may deduct our outbound and return shipping costs from any refund.

Payment is taken at the time of order. Title to the goods passes to you on full payment.

6. Delivery and risk

Delivery times shown on the site are estimates and are not guaranteed. We are not liable for delays caused by carriers, customs, weather, industrial action or other matters outside our reasonable control.

[Consumers] Risk passes to you when you or a person nominated by you takes physical possession of the goods.

[Business] Risk passes to you on our handover of the goods to the carrier.

You must inspect the goods on delivery. Visible transport damage or shortage must be reported to us within 48 hours of delivery, with photographs of the packaging and the goods.

7. Right of withdrawal — [Consumers]

You may withdraw from your purchase within 14 days of the day you or a person nominated by you takes physical possession of the goods, without giving a reason.

To withdraw, email hello@aerifyrecovery.com with your order number before the 14 days expire. You must return the goods within 14 days of telling us.

• Return shipping is at your expense. For bulky items this can be significant.
• Goods must be returned complete, with all parts, accessories, manuals and original packaging.
• You are liable for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods. We may deduct this from your refund. Heavily used, soiled, damaged or incomplete returns will be refunded in part or, where the goods have no resale value, not at all.
• We refund within 14 days of receiving the goods back, or of proof you have sent them, whichever is earlier. We refund the standard delivery cost only, not any premium or express shipping you chose.

8. Returns — [Business]

Business customers have no right of withdrawal. Returns are accepted only at our discretion, require a return authorisation code, and may be subject to a restocking fee of up to 25% of the order value. Return shipping is at your expense.

9. Warranty

Our Warranty Policy applies to all products and forms part of these terms.

[Business] The commercial warranty is the only warranty given. All statutory and implied terms, warranties and conditions as to quality, fitness for purpose, durability, description and correspondence with sample are excluded to the fullest extent permitted by law.

[Consumers] The commercial warranty is offered in addition to your statutory rights, which are unaffected.

10. Resale, distribution and marketplace listings

Purchases from this website are for personal or internal business use only. You may not resell, redistribute, list on any marketplace, or offer Aerify products for hire without our prior written agreement.

Where we reasonably believe products were bought for unauthorised resale, we may cancel outstanding orders, refuse future orders, and void the warranty on the products concerned. Warranty cover does not pass to any onward buyer.

11. Our liability

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded.

Subject to that:

[Consumers] We are liable for loss you suffer that is a foreseeable result of our breach of these terms or our failure to use reasonable care and skill. We are not liable for loss that was not foreseeable at the time the contract was formed, nor for loss arising from your use of a product contrary to the instructions or section 3. Our liability arising out of any order is limited to the price you paid for that order, except where the law does not permit that limit.

[Business] We are not liable for loss of profit, loss of revenue, loss of business, loss of contracts, loss of anticipated savings, business interruption, loss of goodwill, or any indirect or consequential loss, however arising. Our total liability arising out of or in connection with any order, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the price paid for that order.

12. Content on this website

We take reasonable care with the content of the site, but we do not warrant that product descriptions, images, specifications, comparison tables, blog posts, guides or scientific summaries are accurate, complete or current. Colours shown on screen may differ from the product. Content is provided for general information and you should not rely on it as the sole basis for any decision.

Performance and recovery claims describe general findings and individual results vary.

13. Intellectual property

All content on this site — including the Aerify name and logo, product designs, photographs, video, text, graphics and software — is owned by or licensed to us and is protected by intellectual property law. You may not copy, reproduce, republish, scrape, crawl, frame, resell or exploit any part of it without our prior written permission.

14. Your content

If you send us reviews, photographs, videos, comments, suggestions or other material, you grant us a worldwide, perpetual, irrevocable, royalty-free licence to use, reproduce, edit, adapt, translate, publish and display it in any medium, including in our marketing, without payment or attribution. You confirm the material is yours to give and infringes no third-party rights. We are under no obligation to keep it confidential, to use it, or to respond to it, and we may remove it at any time.

15. Acceptable use

You may not use the site for any unlawful purpose, to infringe our rights or those of others, to submit false information, to transmit malicious code, to scrape or harvest data, to interfere with the site's security or operation, or to harass, abuse, threaten or defame any person. We may suspend or terminate your access for breach of this section.

16. Events outside our control

We are not liable for any failure or delay in performing our obligations caused by events outside our reasonable control, including supply chain failure, carrier failure, customs action, fire, flood, epidemic, war, cyber-attack, or the act or omission of any third party. Where such an event continues for more than 30 days, either party may cancel the affected order and we will refund you for goods not delivered.

17. Complaints and dispute resolution

Please contact us first at hello@aerifyrecovery.com. We aim to acknowledge complaints within 5 working days and to resolve them within 30 days.

We are not obliged to participate in, and do not undertake to participate in, alternative dispute resolution proceedings before a consumer arbitration body.

[Consumers] For cross-border purchases within the European Union, the European Consumer Centre network can provide free assistance: https://www.eccnet.eu

18. Governing law and jurisdiction

These terms and any dispute arising from them are governed by the law of the Republic of Latvia.

[Business] The courts of Riga, Latvia have exclusive jurisdiction.

[Consumers] You may bring proceedings in the courts of Latvia or of your country of residence. This clause does not deprive you of the protection of mandatory provisions of the law of your country of residence.

19. General

Severability. If any provision is found unlawful or unenforceable, it is severed and the remaining provisions continue in force.

No waiver. Our failure to enforce any provision is not a waiver of it.

Entire agreement. These terms, together with the Warranty and Delivery & Returns Policy and the Privacy Policy, form the entire agreement between us in respect of your purchase and supersede any prior statement, representation or understanding not set out in them. [Business] You confirm you have not relied on any statement or representation not expressly set out in these terms.

Assignment. We may assign or transfer our rights and obligations under these terms. You may not without our written consent.

Third parties. No person other than you and us has any right to enforce these terms.

20. Contact

SIA "Aerify International"
Registration number: 40203485529
VAT number: LV40203485529
Registered office: Biekensalas street 9, Riga, LV-1004, Latvia
Email: hello@aerifyrecovery.com