Venta Air Technologies, Inc. – Terms and Conditions of Sale:

I. Contract

These terms and conditions of sale (“T&Cs”) apply to all purchases of products and/or services and support (“Products”) sold by Venta Air Technologies, Inc. (“Seller”) to the buyer (“Buyer”). By placing an order for Products, Buyer accepts and agrees to be bound by these T&Cs. If Buyer does not wish to be subject to these T&Cs, Buyer may cancel its order within 24 hours of placing it or return the Products in their original packaging within 21 days of the invoice date for a refund of the purchase price minus shipping, handling, and a 15% restocking fee. These T&Cs may not be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both Buyer and Seller.

II. Delivery and Risk of Loss

1. Delivery of products to any shipping point designated by Buyer shall constitute delivery to Buyer (“Delivery”), and regardless of shipping terms or freight payment, all risk of loss or damage in transit shift to Buyer.

2. Buyer shall provide to Seller written, detailed shipping instructions.

3. Delivery dates specified are approximate and are subject to revision at any time. Seller will use its commercially reasonable efforts to meet the approximate delivery date(s), but Seller shall not be held responsible for failure to do so, and shall not be liable for any damage or loss of whatever kind arising directly or indirectly out of any delay in such delivery.

4. Seller shall not be liable for any damages as a result of any delay or failure to deliver due to any cause beyond Seller’s reasonable control, including, without limitation, any act of God, act or failure to act of Buyer, embargo or other governmental act, regulation or request, fire, accident, strike, slowdown, war, riot, act of terrorism, weather, delay in transportation or inability to obtain necessary labor, materials, or manufacturing facilities.

III. Shipping and Returns

1. Shipping policy: We ship orders out within 3 business days, with most orders shipped the next day. We use FedEx for all shipments under 10lbs, with an estimated delivery time of 4-5 business days, and use UPS for all other shipments, with an estimated delivery time of 3-4 business days within the continental United States.

2. Return policy: We love and believe in our products and services. We are confident you will too. That is why, as a new customer or an existing customer adding a new line of service, we will give you 14 days to try us for free. If for any reason you are not happy with your humidifier or air purifier, simply return the unit within 14 days in its original packaging and we will refund the price of your purchase.

You should expect to receive your refund within 4 weeks of giving your package to the return shipper, however, in many cases, you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).

Venta Air Technologies, Inc. will be happy to accept all returns as long as the following criteria are met:
Humidifiers or air purifiers must not be damaged and must be in workable condition. All returned items will be inspected before credit can be issued. Opened, used items if agreed to be accepted as return may be credited less restocking fee.

Please note that accessories (Venta Cleaner, Venta Fragrances, and Venta Water Treatment Additive), and any other noted as “no returns Item” or items sold “as is”, closeout items are not returnable, and no return will be accepted.

Shipping and handling charges are not refundable. Refunds for all orders will be less our actual shipping costs; these include free shipping, free delivery items. Returns void any special offers or promotions used at the time of purchase.

IV. Prices and Payment

1. The quoted price is ex works Seller’s principal place of business in Chicago, Illinois.

2. The quoted price of Products does not include taxes and freight costs or similar charges, which shall be borne by Buyer, unless otherwise agreed upon in writing.

3. Overdue amounts shall bear a delinquency charge of interest at 12% per annum or the maximum rate permitted by law.

4. Buyer shall have no right of setoff with alleged counterclaims. Any assignments of Buyer’s counterclaims to a third party without Seller’s prior written consent shall be void.

5. Buyer agrees to reimburse Seller for any costs and expenses (including reasonable attorney’s fees) in connection with the collection of any amounts owed to Seller under this Contract.

V. Taxes and Other Charges

Occupation tax, use tax, sales tax, excise tax, or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between Seller and Buyer, shall be paid by Buyer in addition to the price quoted or invoiced. In the event Seller is required to pay any such tax, fee, or charge, Buyer shall reimburse Seller therefore unless otherwise agreed upon in writing.

VI. Limited Warranties

1. Seller warrants that the Products, including such parts manufactured by others, are integral therewith, shall be free from defects in material and workmanship for a period of 120 months from the date of Delivery for all 5 Series Models, or a period of 24 months for all 6 Series Models. Seller’s obligations under the aforesaid warranty shall be repairing or replacing the Products delivered to Buyer which if properly installed, used, and maintained prove to be defective in material and workmanship. Such repair or replacement shall be Seller’s sole obligation and Buyer’s sole remedy hereunder and shall be conditioned upon Seller’s receipt of written notice of any alleged defect within 10 days after its discovery, and at Seller’s option return of such defective products or part thereof freight prepaid to Seller’s principal place of business.

2. Seller’s obligations under Section 1 of this Article VI shall not apply to any component or part of Products sold hereunder, which,
(a) is consumed by normal wear and tear;
(b) has a normal life inherently shorter than the herein stated warranty period; or
(c) has been damaged due to negligent or faulty use, alteration, maintenance not in accordance with applicable instructions, storage, or handling by Buyer.

3. Any description or representation of the Products whether in writing or made orally by Seller or Seller’s agents, specifications, samples, models, bulletins, drawings, diagrams, engineering sheets, or similar materials used in connection with Buyer’s order are for the sole purpose of identifying Products and shall not be construed as an express warranty. Any suggestions by Seller or Seller’s agents regarding use, application, or suitability of Products shall not be construed as an express warranty unless confirmed to be such in writing by Seller. Specifications by Seller are estimates only and are not warranties, unless expressly stated otherwise.

4. THE WARRANTY EXPRESSED HEREIN SHALL BE IN LIEU OF ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IS IN LIEU OF ANY AND ALL OTHER OBLIGATIONS OR LIABILITY ON SELLER’S PART.

5. ANY USED PRODUCTS ARE SOLD “AS IS”.

VII. Warranty Claims, Inspection, and Waiver of Defects

1. Written notice of any alleged defect must be presented to Seller immediately upon Buyer’s discovery of the defect, and Seller must be allowed to inspect the Products while they are in the alleged defective condition. Use of the Products must be suspended until written clearance is issued by Seller for continued use, provided that Seller, upon receipt of written notice of an alleged defect, proceeds without unreasonable delay to remedy any defect covered by the warranty.

2. Buyer shall inspect all Products immediately upon their arrival and shall immediately give written notice to Seller of any claim that the Products do not conform to the terms of the Contract. Seller shall have reasonable access to inspect any allegedly nonconforming Products.

3. Buyer waives any right to assert any claim against Seller arising from any nonconformity of Products sold hereunder which would have been observable on reasonable inspection or testing within 14 days after Delivery.

VIII. Limitation of Liability

1. Except as otherwise agreed in writing, Seller’s liability with respect to the Products is limited to the warranty provided in Articles V and VI hereof, and in no event shall exceed the purchase price of the Products.

2. SELLER SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHER THEORIES OF LAW, WITH RESPECT TO PRODUCTS SOLD OR SERVICE RENDERED BY SELLER OR UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO.

3. UNDER NO CIRCUMSTANCES WILL SELLER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER LOSS, DAMAGE, OR EXPENSE OF ANY KIND, INCLUDING LOSS OF PROFITS, ARISING IN CONNECTION WITH THE CONTRACT OR WITH THE USE OR LIABILITY TO USE SELLER’S PRODUCTS FURNISHED UNDER THIS CONTRACT.

4. SELLER’S SOLE LIABILITY AND BUYER’S SOLE REMEDY IS LIMITED TO EITHER (a) REPAIR OR REPLACEMENT OF DEFECTIVE PARTS OR PRODUCTS, OR (b) AT SELLER’S OPTION, RETURN OF THE GOODS TO SELLER AND REFUND OF PURCHASE PRICE.

5. Without limiting the generality of the foregoing, Seller specifically disclaims any liability for property or personal injury damages, penalties, special or punitive damages, damages for lost profits or revenues, loss of use of Products, or any associated equipment, cost of capital, cost of repairs to Products subject to Seller’s warranty performed by persons other than Seller without Seller’s prior written consent, cost of substitute products, facilities or services, downtime or slowdown costs or for any other types of economic loss, and for claims of Buyer’s customers or any other third party for any such damages. Seller disclaims any liability for any claim, whether in contract or in tort, which arose more than 1 year prior to the initiation of arbitration or litigation by Buyer against Seller.

IX. Proprietary Information/Confidentiality

All drawings, diagrams, specifications, and other materials furnished by Seller are propriety of Seller. All such information supplied by Seller except for information that
(a) was generally available to Buyer from public or published sources, provided publication did not take place in violation of this Contract or through fault or omission of Buyer,
(b) was lawfully obtained from a source under no obligation of confidentiality, directly or indirectly, to either Buyer or Seller, or
(c) was disclosed to the general public with the written approval of Seller shall be received in confidence, and Buyer shall exercise due diligence and reasonable care to hold such information in confidence.

X. Severability

If at any time any one or more of the provisions of these T&Cs become invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of any such provision in every other respect and of the remaining provisions of these T&Cs shall not be in any way impaired.

XI. Arbitration

All disputes arising under this Contract shall be settled by final and binding arbitration in the City of Chicago, Illinois administered by the American Arbitration Association through a single arbitrator. The award by the arbitrator shall be final and judgment upon the award rendered may be entered in any court having jurisdiction thereof.

XII. Governing Law

The law governing this Contract and any further contracts between Seller and Buyer shall be the substantive laws of the State of Illinois, without regard to its conflicts of law rules.

XIII. Privacy Policy

PRIVACY POLICY 

(Updated May 31, 2018)

Thank you for choosing to be part of our community at Venta Air Technologies, Inc. (“company”, “we”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, please contact us at info@venta-usa.com.

When you visit our website https://venta-usa.com/ and use our services, you trust us with your personal information. In this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. We hope you take the time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our Sites and our Services.

This privacy policy applies to all information collected through our website (such as https://venta-usa.com), and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the “Sites”).

Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.

TABLE OF CONTENTS

  1. WHAT INFORMATION DO WE COLLECT?
  2. HOW DO WE USE YOUR INFORMATION?
  3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
  4. HOW LONG DO WE KEEP YOUR INFORMATION?
  5. HOW DO WE KEEP YOUR INFORMATION SAFE?
  6. DO WE COLLECT INFORMATION FROM MINORS?
  7. WHAT ARE YOUR PRIVACY RIGHTS?
  8. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
  9. DO WE MAKE UPDATES TO THIS POLICY?
  10. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

 

1. WHAT INFORMATION DO WE COLLECT?

In Short: We collect personal information that you provide to us such as name, address, contact information, passwords and security data, and payment information.

We collect personal information that you voluntarily provide to us when registering at the Sites expressing an interest in obtaining information about us or our products and services when participating in activities on the sites or otherwise contacting us.

The personal information that we collect depends on the context of your interaction with us and the Sites, the options you select, and the products and features you use. The personal information we collect can include the following:

Name and Contact Data. We collect your first and last name, email address, postal address, phone number, and other similar contact data as provided by you.

Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.

Payment Data. We collect data necessary to process your payment if you make a purchase, such as your payment instrument number (such as a credit or debit card number), and the security code associated with your payment method. All payment data is stored by our payment processor and you should review its privacy policies and contact the payment processor directly to respond to your questions.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our Sites.

We automatically collect certain information when you visit, use, or navigate the Sites. This information does not reveal your specific identity (such as your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information regarding how and when you use our Sites and other technical information. This information is primarily needed to maintain the security and operation of our Sites, and for our internal analytics and reporting purposes.

Information collected from other sources

In Short: We may collect limited data from public databases, marketing partners, and other outside sources.

We may obtain information about you from other sources, such as public databases, joint marketing partners, as well as from other third parties. Examples of the information we receive from other sources may include social media profile information; marketing leads; and search results and links, including paid listings (such as sponsored links).

 

2. HOW DO WE USE YOUR INFORMATION?

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use your personal information collected via our Sites for a variety of business purposes described below. We process your personal information for these purposes in reliance on your legitimate business interests (“Business Purposes”), in order to enter into or perform a contract with you (“Contractual”), with your consent (“Consent”), and/or for compliance with our legal obligations (“Legal Reasons”). We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

  • To facilitate account creation and login process with your Consent. If you choose to link your account with us to a third party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and login process.
  • To send you marketing and promotional communications for Business Purposes and with your Consent. We and/or our third party marketing partners may use the personal information you send to us for our marketing purposes if this is in accordance with your marketing preferences. You may opt-out of our marketing emails at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS” below).
  • Fulfill and manage your orders for Contractual reasons. We may use your information to fulfill and manage orders, payments, returns, and exchanges made through the Sites.
  • To post testimonials with your Consent. We post testimonials on our Sites that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update or delete your testimonial, please contact us at info@venta-usa.com and be sure to include your name and testimonial location as it is listed on our Site, along with your contact information.
  • Request feedback for our Business Purposes with your Consent. We may use your information to request feedback and contact you about your use of our Sites.
  • For other business purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and to evaluate and improve our Sites, products, services, marketing, and user experience.

 

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We only share information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations.

We only share and disclose your information in the following situations:

  • Compliance with laws. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process such as in response to court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • Vital interests and legal rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
  • Vendors, consultants, and other third-party service providers. We may secure your data with third party vendors, service providers, contractors, or agents who perform services for us or on our behalf and require access to such information to do said work. Examples include payment processing, data analysis, email delivery, hosting services, customer service, and marketing efforts. We may allow selected third parties to use tracking technology and the Sites, which will enable them to collect data about how you interact with the Sites over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. We do not share, sell, rent, or trade any of your information with third parties for their promotional purposes.
  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • With your Consent. We may disclose your personal information for any other purpose with your consent.

 

4. HOW LONG DO WE KEEP YOUR INFORMATION?

In short: We keep your information for as long as it is necessary for the purposes set out in this privacy policy unless a longer retention is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this policy will require us to keep your personal information for longer than the period of time in which users have an account with us.

When we have no ongoing legitimate business need to process or retain your personal information, we will either delete or anonymize it, or, if this is not possible (for example, if your personal information has been stored on backup servers or archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

 

5. HOW DO WE KEEP YOUR INFORMATION SAFE?

In short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information, transmission, of personal information to and from our Sites is at your own risk. You should only access the services within a secure environment.

 

6. DO WE COLLECT INFORMATION FROM MINORS?

In short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Sites, you represent that you are at least 18 or that you are the parent or guardian of such minor and consent to such a minor and consent to such minor dependent’s use of Sites. If we learn that personal information from users under the age of 18 has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at info@venta-usa.com.

 

7. WHAT ARE YOUR PRIVACY RIGHTS?

In short: You may review, change, or terminate your account at any time.

If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can locate their contact details here: https://ec.europa.eu/info/departments/justice-and-consumers_en

Account information. If you would at any time like to review, modify, or terminate the information on  your account, you may:

  • Log into your account settings and update your user account
  • Contact us directly at info@venta-usa.com or 888-333-82118

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms and Conditions and/or comply with legal requirements.

Opting out of email marketing. You may unsubscribe from our marketing email list at any time by clicking the unsubscribe link at the bottom of the email we send, or by contacting us directly. You will then be removed from the marketing email list, however, we may still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may note your preferences when you register an account with the Site or contact us directly.

 

8. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits our users who are California residents to obtain from us, once a year free of charge, information about categories of personal information (if any) we disclosed to third  parties for direct marketing purposes and the names and addresses of all third parties in which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Site, you have the right to request such removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will ensure the data is not publicly displayed on the Site, but please be aware that the data may not completely or comprehensively be removed from our systems.

 

9. DO WE MAKE UPDATES TO THIS POLICY?

In short: Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

 

10. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about us or this policy, email us directly at info@venta-usa.com or by mail to:

Venta Air Technologies, Inc.

300 North Elizabeth Street

Suite 220B

Chicago, IL 60607

United States

XIV. Referral Program

Venta Referral Program – Terms and Conditions

The following Referral Program Terms and Conditions apply to the Venta Air Technologies, Inc. Referral Program. By participating in the Referral Program, you agree to the Referral Program Terms, as well as Venta USA’s Terms and Conditions and Privacy Policy. In these Referral Program Terms, we refer to Venta Air Technologies, Inc. as Venta USA or Venta. Venta USA account holders who provide referral links to other consumers are referred to as referrer(s) or account holder(s). Venta USA reserves the right, in our sole discretion, to terminate, suspend, limit, discontinue, or modify the Referral Program at any time.

Eligibility

  • Referrer
    • Referrer must have a registered account at venta-usa.com
  • Referred
    • Must place an order at venta-usa.com through the referrer’s unique link to be considered a qualified purchase towards referral bonus

How it Works

The Venta Referral Program grants a $20.00 bonus for all qualified purchases. The $20.00 referral bonus will be added to the account of the referrer after 21 business days on all qualifying purchases. To qualify for the referral bonus, the order must meet the following minimum requirements:

  • The referrer must have a registered account on venta-usa.com. (Please note that having a registered account DOES NOT automatically subscribe you to Venta newsletter and promotional emails).
  • Referral purchase must be made at venta-usa.com through your unique referral link found on your MY ACCOUNT page
  • Purchase must include a minimum of one (1) new 5 Series or 6 Series model:

    • LW15 Airwasher
    • LW25 Airwasher
    • LW45 Airwasher
    • Kuuboid XL Max Air Purifier
    • Kuubel XL-T Hybrid
    • Kuube L-T Airwasher
    • Kuube XL-T AIrwasher

Referral bonus may be used in conjunction with other coupons or promotions unless stated otherwise. Referral bonus does not expire unless stated otherwise. There is no limit to how many referral bonuses can be collected per person. Qualified referrals may be collected as a credit towards your next order placed at venta-usa.com. Venta USA may include your name and email address in the confirmation emails to the referred consumer. Venta USA reserves the right to determine whether or not your referral sale qualifies towards your bonus based on your adherence to the Referral Program Terms.

Exclusions and Restrictions

  • Links placed on coupon sites, public forums, or Venta USA social media platforms will automatically be disqualified for the referral bonus.
  • Venta USA employees, wholesalers, distributors, retail partners, etailers, and resellers are not eligible to receive the referral bonus.
  • Venta USA reserves the right to deny any referred orders deemed fraudulent or abusive.
  • Purchase must be made after the Venta Referral Program’s start date of 09/27/2018. Referral purchases made prior to this date do not qualify for a referral bonus.
  • We ask that you do not spam other consumers. This includes but is not limited to mass emails, phone calls, direct social media messages, or otherwise unsolicited messages.
  • Venta USA reserves the right, in our sole discretion, to terminate, suspend, limit, discontinue, or modify the Referral Program at any time.
  • Venta USA reserves the right to disqualify any fake, fraudulent, or otherwise abusive orders placed through referrers unique link.
  • The purchase of Venta Airwasher accessories, replacement parts, filters, Hygiene Discs, or Aromatherapy does not qualify towards a referral bonus.