Terms & Conditions

1. Scope and application

1.1 These Terms and Conditions of Sale govern the distance selling of products through the website https://freshair-projects.com (the “Site”), operated by us (the “Seller”). By placing an order on the Site, the Customer declares that they have read, understood and accepted these Terms and Conditions without reservation.

1.2 Products can be purchased with or without registration, by both consumers and non-consumers. A “consumer” means a natural person who, when purchasing through the Site, acts for purposes outside their trade, business, craft or profession.

The Site is intended for retail sales only. Purchases made for the purpose of resale are not permitted.

1.3 Access to the Site and the purchase of Products are open to all Customers regardless of nationality, residence or place of establishment, provided that natural persons have the legal capacity to enter into binding agreements under applicable law (“Customer” or “User”). Delivery is only available to the countries selectable at checkout.

1.4 The Customer declares that the data provided during registration and purchase is accurate and truthful. Entering false, invented or third-party data is prohibited, as are duplicate registrations.

The Customer shall hold the Seller harmless from any liability, charge or cost directly or indirectly connected with:

• the entry of incorrect data or data belonging to third parties;
• improper use of the Site by the Customer;
• use of the Customer’s access credentials by third parties;
• breach of these Terms and Conditions by the Customer.

In the event of a breach of these prohibitions, or in the case of orders that appear anomalous in terms of quantity or frequency, or that breach promotional conditions, the Seller reserves the right to take all necessary measures, including refusing or cancelling the irregular orders and suspending access to the Site.

1.5 The Seller may amend these Terms and Conditions at any time. Any new rules take effect once published on the Site and apply only to sales made after publication.

1.6 The Seller can be contacted through the online form in the “Contact” section of the Site or by email at info@freshair-projects.com.

2. How the contract is formed

2.1 Orders and the resulting contracts are governed by these Terms and Conditions and by any legislation applicable to the individual order from time to time.

These Terms and Conditions are made available in the “Terms and Conditions” section of the Site, accessible from the footer link, and the Customer may save and reproduce them. They are also made available during the purchase process through the relevant link and must be accepted in order to complete the purchase. The version published on the Site at the time the order is submitted applies to that order.

Sales made on the Site constitute distance contracts governed by applicable European Union consumer protection legislation, in particular Directive 2011/83/EU on consumer rights and Directive 2000/31/EC on electronic commerce, as implemented in the Customer’s country of residence.

2.2 To conclude the purchase contract (the “Contract”):

a) The Customer must complete the order form on the Site, accept these Terms and Conditions and submit the form to the Seller, following the instructions displayed. The order form submitted by the Customer constitutes a contractual offer, which the Seller reserves the right to accept or decline.

b) Before submitting the order form, the Customer undertakes to check carefully that the data entered is correct. Any additional costs arising from incorrect data may be charged to the Customer.

c) Where the order is paid in advance, the purchase price is charged through the selected payment provider at the time the order is submitted. Where the order is placed with cash on delivery, no amount is charged in advance.

d) On receipt of the order, the Seller sends an acknowledgement message (“Order Receipt”). This does not constitute acceptance of the order, but only confirmation that the Seller has received it. The Contract is concluded when the Seller sends the “Order Confirmation”.

Both the Order Receipt and the Order Confirmation contain all essential order details, including the list of products purchased, their price, any shipping costs, the Customer’s identification details, the billing and delivery address, information on the right of withdrawal and a link to these Terms and Conditions.

2.3 Without prejudice to the right of withdrawal set out in clause 10, the Customer may request cancellation of the order until the Order Confirmation is received, by emailing Customer Service. If the request is made within that period, the Customer receives a cancellation confirmation email, the order is cancelled and any amount paid is refunded without undue delay.

2.4 Customers can view their order details in the confirmation emails received, or by contacting Customer Service at info@freshair-projects.com, quoting the order number.

3. Products and availability

3.1 All products offered for sale are described in detail on their respective pages of the Site.

Any visual representation of the products published on the Site (photographs, videos and similar) is indicative only. Its purpose is to show the products offered for sale, and the Seller cannot guarantee the absence of minor discrepancies between the image published on the Site and the actual appearance of the product, for example regarding the colour of the product or of its packaging.

Where there is a difference between the product image and the text of the product description, the text of the product description always prevails.

3.2 Any minimum or maximum purchase quantity limits are indicated on the relevant product pages.

3.3 Availability information is shown on each product page. Although availability is constantly checked and updated, several users may purchase the same product at the same time. As a result, a product may appear available for a short period when it is in fact out of stock or awaiting restocking.

3.4 If a product is no longer available for the reason described above, and without prejudice to the Customer’s statutory rights, the Seller will inform the Customer by email without delay and refund any amount already paid.

3.5 Where an order covers several products and the unavailability affects only some of them, the previous paragraph applies to the unavailable products only, without prejudice to the Customer’s statutory rights, including the right of withdrawal. In the event of partial termination, delivery costs may not be refunded in full.

3.6 Where a product is unavailable, the Customer may ask to be notified when it is back in stock by using the “Notify me” function on the relevant page, where available. A notification request does not create any obligation to purchase and does not constitute a reservation or an order.

4. Pre-order products

For certain products, the Seller offers the possibility of purchasing special versions (for example particular colours, limited editions or previews) that are not immediately available and must be ordered by the Seller on the Customer’s behalf, by selecting the dedicated button on the product page.

These Terms and Conditions apply to such purchases, with the clarification that shipping times may exceed 30 days. The maximum shipping time is stated on the product page. By proceeding with the order, the Customer expressly accepts these extended shipping times, by way of exception to clause 9.

5. Cases of order cancellation by us

The Customer is informed that in the cases listed below there is a risk that their order may be cancelled by the Seller. Where applicable, the Customer’s statutory rights remain unaffected.

a) Product unavailability

Where a product purchased by the Customer is unavailable, clause 3 applies.

b) Pricing error

In the unlikely event that a product on the Site displays a price lower than the actual one due to an error, we will contact the Customer to ask whether they still wish to purchase the product at the correct price. Otherwise, the order cannot be confirmed and any amount already charged will be promptly refunded.

c) Abuse of promotions and other breaches

We reserve the right to cancel the order or the Contract, as applicable, where the Customer abuses a promotion or breaches clause 14, giving written notice by email. Any amount already charged will be refunded promptly.

We also reserve the right to cancel the order or the Contract where we receive notice from a banking institution of a fraudulent transaction.

d) Force majeure

In addition to the cases normally recognised in case law, the following are expressly considered force majeure events: total or partial strikes, whether internal or external to the company; blockage of transport or supply for any reason; governmental or legal restrictions; IT failures; and disruption of telecommunications networks, including the internet.

In the event of force majeure, the order is first suspended and the Customer is notified. If, after a period of three months, the parties find that the force majeure event persists, the order is automatically cancelled unless the parties agree otherwise.

6. Prices and invoicing

6.1 The prices of the products available on the Site, inclusive of VAT where applicable, are shown clearly and transparently on the Site itself. Invoices are issued when the Contract is concluded, that is when the Order Confirmation is sent, and are sent to the Customer by email. Once an invoice has been issued, the details it contains cannot be amended, so the Customer undertakes to check their data before submitting the order.

6.2 Delivery costs are communicated to the Customer at checkout and confirmed in the Order Confirmation. The cost of each shipment may vary depending on the delivery method, the destination and the total order value, as well as on the provisions of clause 9.

6.3 Any subsequent changes to product prices take effect from the date the new prices are published on the Site and do not affect orders already confirmed.

7. Payment methods

7.1 To pay for the products and the related shipping and delivery costs, the Customer may use one of the methods listed below. Some payment methods are only available in certain countries. Methods that are not available cannot be selected during checkout.

7.2 Except for cash on delivery, the Seller charges the purchase price when the order is submitted.

7.3 Credit and debit card

Card payments (Visa, Mastercard, American Express and other accepted circuits) are made in favour of Freshair Projects.

Where the Customer pays by card, the relevant banking institution authorises only the charge relating to the purchase made. If the order is cancelled by the Customer, or if the Seller does not accept the contract, the Seller will request the immediate cancellation of the transaction and the release of the reserved amount. Release times depend exclusively on the banking system, and once the transaction has been cancelled the Seller cannot be held liable for delays or damage caused by the banking system.

7.4 Google Pay

Google Pay payments are made in favour of Freshair Projects. To pay through Google Pay, the Customer selects the Google Pay button at checkout; once signed in to their Google account, the order amount is charged to the payment method selected at the time the order is placed. If the order is cancelled by the Customer, or if the Seller does not accept it, the amount is refunded to the payment method used through the Google Pay platform.

7.5 Apple Pay

Apple Pay payments are made in favour of Freshair Projects. To pay through Apple Pay, the Customer selects the Apple Pay button at checkout, available only on Apple devices; once signed in to their Apple account, the order amount is charged to the payment method selected at the time the order is placed. If the order is cancelled by the Customer, or if the Seller does not accept it, the amount is refunded to the payment method used through the Apple Pay platform.

7.6 Security and privacy

The Seller has no access to the personal information relating to the payment instrument used by the Customer, as this information is transmitted directly to the payment provider through a secure and protected protocol. The Seller therefore cannot be held liable for any fraudulent use of credit cards or other payment methods by third parties.

7.7 Additional information

The Seller reserves the right to request additional information or copies of documents proving ownership of the card used. If such information or copies are not provided, the Seller reserves the right not to accept the conclusion of the contract.

8. Cash on delivery

Cash on delivery is available only for orders placed in the countries where this option is offered at checkout. The method involves paying the amount due in cash directly to the courier at the time of delivery.

a) Telephone confirmation

After placing an order with cash on delivery, the Customer is required to confirm by telephone that they wish to proceed with the purchase. The Seller uses an external company for this service, which will contact the Customer on the telephone number provided during the purchase process. If the Customer does not answer the confirmation call within 48 hours, the order may be automatically cancelled.

b) Verification of details

During the confirmation call, the Customer must verify and confirm the order details, including the delivery address, the total amount and the cash on delivery payment method.

c) Additional costs

Cash on delivery may involve an additional cost, which is specified on the order page, commonly known as checkout or cart, and is added to the total order amount. The Customer is informed of this additional cost during the purchase process.

d) Customer’s responsibility

It is the Customer’s responsibility to prepare the exact amount in cash to hand to the courier on delivery. The courier may not be able to provide change.

e) Delays and cancellations

If the Customer refuses delivery without notice or valid reason, we reserve the right not to accept further cash on delivery orders from the same Customer.

f) Cancelling a cash on delivery order

The Customer may cancel the order at the confirmation stage by communicating this intention directly to Customer Service.

9. Shipping and delivery

9.1 The delivery times indicated when the order is placed are indicative and not binding. Except as provided in clause 4, the Seller undertakes in any event to deliver the products without undue delay and in any case no later than thirty days from the conclusion of the Contract. Delivery is carried out through a leading courier. Delivery times vary according to the destination and may be extended for various reasons, such as weather conditions or strikes.

9.2 Delivery costs, where applicable, are borne by the Customer and are clearly stated when the order is placed. Nothing further is owed by the Customer beyond the order total. Shipping may be free when certain purchase thresholds are reached, during promotions, or for other reasons indicated during the purchase process. In all cases, any shipping costs are clearly shown in the cart at the time of purchase.

9.3 Products ordered are sent to the postal address specified by the Customer. When the Seller hands the products over to the courier, the Seller promptly sends the Order Confirmation, including the shipment tracking number where available.

9.4 Deliveries are made on working days only. Delivery is deemed complete when the product is made available to the Customer at the address specified in the order.

9.5 If delivery is not possible because the recipient is absent or unable to receive the order, the courier will hold the parcel at one of its depots and make it available for collection for up to 10 days. The Customer will receive an email from the courier with a link to release the parcel and schedule a further delivery. If there are any problems during this process, the Customer may contact Customer Service, which will arrange the release. If the Customer does not collect the products within the following 7 days, the courier will return them to the Seller and the Contract will be terminated.

9.6 On delivery, the Customer must carefully check that the number of items delivered matches the transport document and that the packaging is not damaged or otherwise altered. In the event of anomalies or damage, the Customer must raise the issue immediately with the courier, either refusing delivery or writing “ACCEPTED SUBJECT TO INSPECTION” on the delivery document presented by the courier, and promptly report the matter to Customer Service. The rules on the right of withdrawal and the legal guarantee of conformity continue to apply in any event.

9.7 Any damage to packaging or products, or any discrepancy in the number of items or parcels, must be reported immediately by the Customer to Customer Service at the contact details given in clause 1, specifying the order affected.

9.8 Force majeure events, the unavailability of transport, and unforeseeable or unavoidable events that delay deliveries, make them difficult or impossible, or significantly increase the Seller’s delivery costs entitle the Seller to split, postpone or cancel the planned delivery in whole or in part, or to cancel the order, as set out in clause 5.

10. Right of withdrawal and returns

10.1 This clause applies to Customers who are consumers. Under applicable European Union law, the Customer has the right to withdraw from the purchase contract within 14 days of delivery, without any penalty and without giving any reason.

10.2 In addition to this statutory right, and as a voluntary commercial policy, the Seller extends the return window to 30 days from the date of delivery and bears the direct cost of returning the products. This extended policy is granted contractually and does not limit the Customer’s statutory rights in any way.

10.3 The delivery date shown on the courier’s website, or the date the return request email is sent, is used to verify that the deadline has been met.

10.4 To exercise the right of withdrawal, the Customer sends a message to info@freshair-projects.com, quoting the order number and, where they wish, the reason for the return.

10.5 Once the withdrawal notice has been received and the Seller has verified that the terms and conditions for exercising the right have been met, Customer Service sends the Customer a return authorisation email setting out the procedure to follow. The Seller arranges a free courier collection at the Customer’s address. The returned product must reach the Seller within 30 days of the return authorisation email.

10.6 Where withdrawal has been notified as described above, the Seller refunds all amounts paid by the Customer or, for orders covering several products, the amount of the returned product, including delivery costs where applicable, within 30 days of being informed of the Customer’s decision to withdraw. The Seller is not required to refund any supplementary costs expressly requested by the Customer at the time of the order.

10.7 Regardless of whether the recipient of the products indicated in the order is the same person who paid, the refund is always made in favour of the person who made the payment, identified as the holder of the card or of the other payment instrument used. Where the order was placed with cash on delivery, the Customer must provide an IBAN of which they are the account holder.

Where permitted by applicable law, the Seller reserves the right to withhold the refund until the returned products have been received and checked against the requirements set out in clause 10.8.

10.8 The Customer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning. The product must be handled with ordinary care and returned intact, complete in all its parts, fully functioning, with all accessories, manuals and any single-use seals still attached, intact and untampered with, free from signs of use or dirt, and, where possible, in its original packaging.

This means that the refund is reduced proportionally to the loss in value resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the products.

10.9 Customised products cannot be returned or refunded. Customisation includes, but is not limited to, engraving, modifications, special design requests or any other alteration made at the Customer’s request. Once an order for a customised product has been confirmed, the Customer cannot cancel it or request a refund, except where the product is defective or visibly damaged for reasons not attributable to improper use. In case of problems with a customised product, the Customer must contact us within 14 days of receiving it.

10.10 Where products were purchased at a discounted price, the discounted price is refunded, not the full price.

10.11 Where the Customer has returned products without meeting the conditions for exercising the right of withdrawal, the Seller cannot accept the withdrawal. In that case the Seller will return the product to the Customer, subject to the Customer confirming their availability, and reserves the right to charge the resulting shipping costs to the Customer.

10.12 The right of withdrawal does not apply in the following cases:

• goods made to the Customer’s specifications or clearly personalised;
• sealed goods which are not suitable for return for health protection or hygiene reasons, and which were unsealed after delivery;
• goods liable to deteriorate or expire rapidly;
• sealed audio or video recordings which were unsealed after delivery;
• newspapers, periodicals or magazines;
• medical devices, where their return is excluded by applicable law.

11. Legal guarantee of conformity

11.1 Where the Customer is a consumer as defined in clause 1, and without prejudice to any different provisions of the legislation applicable in the Customer’s country, all products are covered by the legal guarantee of conformity provided for by European Union consumer law. The Seller is liable to the Customer for any lack of conformity existing at the time of delivery and becoming apparent within two years of that delivery.

To make a claim under the guarantee, the Customer contacts info@freshair-projects.com, describing the lack of conformity and attaching the supporting documentation: at least one photograph of the product and the order confirmation sent by Freshair Projects or the receipt.

11.2 In the event of a lack of conformity, the Customer is entitled to ask the Seller, at their choice and free of charge, for the repair or replacement of the product, unless the remedy requested is objectively impossible or disproportionate. In that case, the Customer is entitled to a price reduction or to termination of the contract, at their choice.

11.3 Having verified the above, the Seller will inform the Customer of the procedure for repairing or replacing the product under guarantee. Where necessary, the Seller will arrange collection of the defective product by courier, at its own expense, directly from the address indicated by the Customer. Unless the Seller indicates otherwise, the Customer must make the product available for collection complete with all its parts. After receiving the product, the Seller will assess the reported defect and, if confirmed, will repair or replace the goods at its own expense within 30 days of receiving the return.

11.4 If the assessment is negative, the Seller will promptly inform the Customer, and no replacement product will be sent. The Customer may collect the product from the Seller at their own expense within 30 days of that notice, without prejudice to the Customer’s statutory rights.

11.5 Without prejudice to any different provisions of applicable law, any action to enforce hidden defects is time-barred in any event twenty-six months after delivery of the product.

11.6 Without prejudice to applicable law and to consumers’ statutory rights, the Seller is not liable for indirect, immaterial or consequential damages, including without limitation loss of profit, loss of earnings, production limitations, administrative or staff costs, loss of goodwill or legal action by third parties.

11.7 Where the Customer is not a consumer as defined in clause 1, the ordinary rules of the applicable civil law on the sale of goods apply, and both direct and indirect damages are excluded.

11.8 Products may also be covered by a commercial guarantee provided by their manufacturer. Such a guarantee must be activated by following the instructions in the manufacturer’s documentation, usually supplied with the product. Its content, limits, remedies and territorial scope are governed by that documentation, and the Seller is not responsible for it. A commercial guarantee neither replaces nor excludes the legal guarantee of conformity.

12. Processing of personal data

Customers’ data is processed in accordance with applicable data protection legislation, as described in the notice available in the dedicated section of the Site, entitled Privacy Policy and Cookie Policy.

13. Communications and complaints

All communications and complaints from the Customer concerning the completion of orders, as well as requests under the guarantee, must be sent through the “Contact” section in the footer of the homepage or, alternatively, by writing to info@freshair-projects.com.

The Seller undertakes to meet the Customer’s requests and needs wherever possible, and to resolve any dispute with the Customer as amicably as possible.

14. Prohibited conduct

The following conduct is prohibited and entitles the Seller to refuse or cancel orders under clause 5:

• placing orders using false, incomplete or third-party data;
• purchasing products for the purpose of resale;
• repeatedly using promotional codes or discounts outside the conditions published for them, including through multiple accounts;
• placing orders that are anomalous in quantity or frequency, or that show signs of fraudulent activity;
• repeatedly refusing cash on delivery parcels without notice or valid reason;
• attempting to interfere with the operation or security of the Site.

15. Applicable law and dispute resolution

These Terms and Conditions are governed by the law of the Seller’s country of establishment. Where the Customer is a consumer habitually resident in a European Union Member State, this choice does not deprive them of the protection of the mandatory provisions of the law of their country of residence.

Any dispute will first be addressed amicably by contacting Customer Service. Consumers resident in the European Union may also use the online dispute resolution platform made available by the European Commission, or apply to the competent alternative dispute resolution body in their country. Nothing in this clause limits the Customer’s right to bring proceedings before the competent courts of their place of residence.