Terms & Conditions of Sale

1. Application

Please read these Terms and Conditions of Sale (the “Terms”) carefully because they govern the purchase of any products (“Products”) you buy from Breathe Tech Ltd (“Breathe Tech,” “us” or “we”) and services (the “Services”) you receive from us, unless you have signed a separate written agreement with us that supersedes these Terms. Any software installed in our Products or offered with our Products is licensed to you, not sold. You may only use this software for its normal, intended use with our Products and in accordance with the Software License section below. When we say “sell” and “purchase” in these Terms, we mean “sell” and “purchase” only with respect to the non-software elements of the Product.

These are the terms on which we sell all Products and Services to you. By ordering any of the Products or Services, you agree to be bound by these Terms. You can only purchase the Products and Services from the website if you are eligible to enter into a contract and are at least 18 years old.

2. Ordering Products

The order process is set out on the website. The description of the Goods and Services on our website does not constitute a contractual offer to sell. When an order has been submitted on the website, we can reject it for any reason, although we will try to tell you the reason without delay. When we have received your order, we will email an order confirmation (“Order Confirmation”) that indicates that we have accepted your order. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you. With your Order Confirmation, we’ll confirm the quantity of Products you purchased and their price. Our acceptance of your order is expressly conditioned on your unconditional acceptance of these Terms, even if you communicate with us otherwise. We do not accept any changes to or rejections of these Terms that you may communicate to us in any form and all such terms and conditions will be null and of no effect. The terms of our Return Policy apply to any purchase and are incorporated herein by reference. Breathe Tech may refuse a sale of a Product or access to its Services to anyone at any time, in its sole discretion for any or no reason.

3. Pre-Orders

Breathe Tech is conducting pre-order sales for our Products whereby we take orders and payment for our Products to be shipped at a future date (“Pre-Orders”). To secure a Pre-Order you will be required to pay for the Product in full when you place the order. At the time you place a Pre-Order, Breathe Tech will be able to provide an estimated time-frame for the shipment of the Product or Service, but such estimates are not guaranteed and may be revised, extended or modified by Breathe Tech. You will be contacted prior to shipment to supply a correct shipping address for the Product. Should you decide to cancel a Pre-Order prior to shipment of the Product and receive a refund, you must contact Breathe Tech by contacting our customer support team by email (hi@breathe-tech.com) or by clicking on the contact us link at www.breathe-tech.com.

4. Shipment and Delivery

You understand that all scheduled shipment dates and estimated shipment dates are estimates only. We’ll make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery. If we’re not able to charge your payment method or you fail to pay for your purchase, we have the right to delay or suspend shipment of the Products.

5. Order Cancellation

You may cancel your order any time before your purchased Product ships and, if your payment has already been processed, receive a full refund. Details of our Return Policy can be found on here or at www.breathe-tech.com.

6. Limitations of Liability

Subject to our Return Policy, the Product and Services are provided on an “as is” basis and your use of the Product and Services is at your own risk, and in no event will Breathe Tech be liable for any punitive, exemplary, special, consequential or incidental damages (including, without limitation, loss of revenue, use, profits, data, or goodwill) or costs of procuring substitute products, arising out of, relating to, or in connection with these terms or the purchase, sale, use, operation or performance of the products or services, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), product liability or otherwise, whether or not Breathe Tech has been advised of the possibility of such loss or damage. You and Breathe Tech have agreed that these limitations will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. In no event will Breathe Tech’s liability to you arising out of, relating to, or in connection with these terms, from all causes of action and under all theories of liability, exceed the actual amount paid to plume labs by you for the product and services that gives rise to the claim. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

7. Privacy Policy

You understand that any information provided by you or collected by us in connection with your use of our website, the Products and our Services will be used in the manner described in these Terms and in our Privacy Policy, such privacy policy (the “Privacy Policy”) being incorporated into and made a part of these Terms by this reference.

8. Software License

Subject to your compliance with these Terms, Breathe Tech grants you a limited non-exclusive, non-transferable, non-sublicenseable license to use the software in the Product (the “Software”), as part of your use of the Product for your own personal, non-commercial purposes and for no other purposes. You may not;

  • copy, modify or create derivative works based on the Software;

  • distribute, transfer, sublicense, lease, lend or rent the Software to any third party;

  • reverse engineer, decompile or disassemble the Software;

Breathe Tech reserves all rights in and to the Software not expressly granted to you under these Terms.

9. General Terms

These Terms constitute the entire and exclusive understanding and agreement between Breathe Tech and you regarding the purchase of the Product, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Breathe Tech and you regarding such a purchase. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Breathe Tech’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Breathe Tech. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

10. Contact

If you have any questions, you can contact us using our website contact form or by email, using hi@breathe-tech.com

Updated 07/02/2019