General Conditions of Sale

Before purchasing any products on the website aerinside.com, we thank you for reading the advice and precautions for use corresponding to each Product.

The use of ÆR INSIDE products requires a suitable lifestyle.

Our Products are not medicines and cannot be used as such. These are
“well-being” products to balance the air inside the home, their use is complementary to a healthy lifestyle with the daily ventilation of your interiors.

Our products reduce allergens from dust mites, birch pollen and those linked to the saliva of domestic animals (cats and dogs) but are not directly products capable of treating allergies in a curative manner. These are prevention products that help reduce the allergens that trigger allergies. We recommend seeking advice from a healthcare professional beforehand if you wish.

ÆR INSIDE does not guarantee any obligation regarding the effects of the Products for the customer.

Definition : An allergen is a natural substance, usually harmless, but which in some cases is recognized as an enemy by our immune system. The latter produces antibodies, which can trigger a severe allergic reaction.

These General Conditions of Sale (known as “GCS”) apply, without restriction or reservation, to all sales concluded by the Seller to non-professional buyers. (“The Customers or the Customer”), wishing to acquire the products offered for sale (“The Products”) by the Seller on the site aerinside.com. The Products offered for sale on the site are as follows:

Ultrasonic diffusers and liquid products for diffusing neutral or scented probiotics to purify the indoor air. These are wellness products, and they are not medicines or dietary supplements. These products are made to be diffused inside the house, in the office or when traveling in an indoor space… Read the instructions carefully before using the Products: do not mix with other products, do not drink, nor put in contact with the eyes, do not leave within the reach of children or pets. Liquid diffusion products must be shaken before use. There may be a little deposit at the bottom of the bottle due to the organic matter in the probiotics.

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.aerinside.com, which the customer is required to read before ordering. The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are within the limits of available stocks, as specified when placing the order.

These GCS are accessible at any time on the website www.aerinside.com and will take precedence over any other document. The Customer declares to have read these GCS and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the site aerinside.com. Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.

The ÆR INSIDE site mentioned after “the Site” is published by the company “UNITY IN THE BODY ”.

The Seller’s contact details are as follows:
UNITY IN THE BODY, SASU – ÆR INSIDE
Share capital of 2500 euros
Registered with the RCS of PARIS, under number 901564070

Claim a refund and request for information by way of postal mail address:
16, Blvd. St. Germain – Paris Cedex 05 – FRANCE
By Email: contact@aerinside.com
By phone: +33 (0)6 10 68 15 87
VAT number: FR94901564070

The purpose of the Site is the online sale of Probiotic Products by ultrasonic diffusion method. These GCS define the conditions, legal obligations and use of the Site for the conditions applicable to the sale of Products by the Company. Please read the GCS carefully before using the Site or purchasing Products on it. Any person browsing or purchasing Products on the Site accepts the terms issued in this document describing the GCS. It is specified that the GCS may be modified at any time, it is recommended to read them carefully and, in particular, at the time of ordering. Use of the Site is reserved for persons identified as natural persons of full age and legally capable of reading and entering into a contract acting for personal and non-commercial reasons. For commercial contracts for the resale of Products, we ask you to kindly contact us at the following email address: contact@aerinside.com. The Products presented on the website aerinside.com are offered for sale for the following territories: France- Europe. In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

The Products are supplied at the current rates shown on the website aerinside.com, when the order is registered by the Seller.

The prices are expressed in Euros, excluding and including VAT.

The prices take into account any reductions that may be granted by the Seller on the website aerinside.com.

These prices are firm and cannot be revised during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

The prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

It is up to the Customer to select on the website aerinside.com, the Products that they wish to order, according to the following terms:

The customer chooses a Product that they put in their basket, Product that they can delete or modify before validating the order and accepting the GCS.

They will then enter their contact details or log in to their account and choose payment method and delivery.

After validation of the information, the order is placed…. Product offers are valid as long as they are visible on the Site, within the limit of available stocks.

The sale will only be considered valid after full payment of the price. It is up to the Customer to check the accuracy of the order and to immediately report any errors.

Any order placed on the website aerinside.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer will be able to follow the progress of their order on the Site.

To place an order, the Customer is invited to create an account (personal space).

To do this, they must register by completing the form that will be offered to them at the time of the order and undertake to provide sincere and accurate information concerning civil status and contact details, in particular an email address.

The Customer is responsible for updating the information provided. They are informed that modifications can be made by logging into their account.

To access personal space and order history, the Customer must identify their username and password which will be communicated after registration and which are strictly personal. As such, the Customer is prohibited from disclosing it. Otherwise, they will remain solely responsible.

The Customer may also request to unsubscribe by going to the dedicated page on their personal space or by sending an email to: contact@aerinside.com. This will be effective within a reasonable time.

The customer may also, if they wish, not to create an account and order directly as a guest.

In the event of non-compliance with the GCS and/or use, the Company, through the website aerinside.com, will have the option of suspending or even closing a customer’s account after formal notice sent electronically and remaining without effect.

Any deletion of an account, whatever the reason, results in the pure and simple deletion of all the Customer’s personal information.

Any event due to a case of force majeure resulting in a malfunction of the Site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.

The creation of the account entails acceptance of these GCS.

The Customer is solely responsible for the accuracy, quality, legality, updating and reliability of all data communicated in the information form for the purchase of the Products.

They are also solely responsible for the use of their customer account.

The price is paid by secure payment, according to the following terms:

Total payment including tax with shipping costs by VISA / Apple Pay / PayPal bank card.

The price is payable by the Customer, in full on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the website aerinside.com.

Payments made by the Customer will only be considered final after the Seller has actually collected the amounts due.

The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.

The Products ordered by the Customer will be delivered in mainland France or in the following area(s): Countries in Europe.

Deliveries are made by “La Poste” with “Colissimo Service” and occur within approximately 48 hours for France and 3 to 10 days for Europe depending on the country to the address indicated by the Customer when ordering on the site. Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.

If the Products ordered have not been delivered within 2 days after the indicative delivery date, for any “cause other than force majeure” or the actions of the Customer, the sale may be terminated at the written request of the Customer under the conditions set out in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to them no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or deduction.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, on a quote previously accepted in writing by the Customer. The Customer is required to check the condition of the products delivered. They have a period of 30 days from delivery to make complaints by email contact@aerinside.com or by mail to the following address:

ÆR INSIDE / UNITY IN THE BODY: 16, Blvd. St. Germain – Paris Cedex 05 – FRANCE – Contact: +33 (0)6 10 68 15 87, accompanied by all supporting documents relating thereto (in particular requested photos). After this period and in the absence of having complied with these formalities, the Products will be deemed compliant and free from any apparent defect and no complaint may be validly accepted by the Seller.

The Seller will refund or replace as soon as possible and at their own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these GCS. The transfer of the risks of loss and deterioration relating thereto will only be carried out when the Customer physically takes possession of the Products. The Products therefore travel at the Seller’s risk, except when the Customer has chosen the carrier themselves. As such, the risks are transferred at the time of delivery of the goods to the carrier.

According to the Hamon law, return costs are the responsibility of the buyer.

The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

According to the terms of article L221-18 of the Consumer Code “For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.”

The right of withdrawal can be exercised online, using the attached withdrawal form or any other declaration, free of ambiguity, expressing the desire to withdraw and in particular by postal mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the GCS.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be “remarketed” in new condition, accompanied by the purchase invoice. Products that are used, damaged, soiled or incomplete will not be taken back.

The return costs remain the responsibility of the Customer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.

Return costs are the responsibility of the Customer who acknowledges and accepts this by adhering to the general conditions of sale.

You can contact customer service to study your request : contact@aerinside.com.

Guarantees The Products supplied by the Seller benefit from:

• the legal guarantee of conformity, for defective, damaged or damaged Products or those not corresponding to the order,
• the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,
• the distributors’ guarantees are indicated on the packaging or in the instructions.

Provisions relating to legal guarantees:

Article L217-4 of the Consumer Code

“The Seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at their expense by the contract or has been carried out under their responsibility.”

Article L217-5 of the Consumer Code

“The good conforms to the contract:

1. If it is suitable for the use usually expected of a similar good and, where applicable:
•  if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
• if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by its representative, in particular in advertising or labeling;
2. Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.”

Article L217-12 of the Consumer Code

«The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”

Article 1641 of the Civil Code

“The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.”

Article 1648, paragraph 1 of the Civil Code

“The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.”

Article L217-16 of the Consumer Code

“When the buyer asks the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.

This period runs from the request for intervention by the buyer or from the provision for repair of the item in question, if this provision is subsequent to the request for intervention. In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects from the time of their discovery.

The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.

The shipping costs will be reimbursed on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of supporting documents.

Reimbursements, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days from the time of acceptance of the default by the Company days following the discovery by the Seller of the lack of conformity or hidden defect.

This reimbursement may be made by bank transfer or check.

The Seller shall not be held liable in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to check;
• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.

The photographs and graphics presented on the site are not contractual and shall not engage the Seller’s liability:

• The Company informs Customers that the Products are represented by photographs or computer drawings intended to be as close as possible to reality, the Company cannot be held liable if a perfect similarity with the Products, in particular in terms of colors, dimensions, lighting, which may vary depending on the screens;
• The Seller’s warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.

The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivery of the Products. This personal data is collected solely for the execution of the sales contract.

9.1 Collection of personal data

The personal data collected on the website aerinside.com  are as follows:

Opening an account

When creating the Customer/user account: First name, last name, postal address, telephone number and email address.

Payment

As part of the payment for the Products offered on the website aerinside.com, it records financial data relating to the Customer/user’s bank account or credit card.

Minors

The GDPR (General Data Protection Regulation) specifies that people under the age of 15 are considered minors for the purposes of data collection. Minors must have the consent of a legal representative for their data to be collected, processed and used.

9.2 Recipients of personal data

Personal data is reserved for the sole use of the Seller and its employees.

9.3 Data controller

The data controller is the Seller, within the meaning of the Data Protection Act and as of 25 May 2018, Regulation 2016/679 on the protection of personal data.

9.4 Limitation of processing

Unless the Customer expressly agrees, their personal data is not used for advertising or marketing purposes.

9.5 Data retention period

The Seller will retain the data thus collected for a period of 5 years, covering the limitation period of the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Implementation of the rights of Customers and users

In application of the regulations applicable to personal data, Customers and users of the site aerinside.com have the following rights:

• They can update or delete the data concerning them in the following manner: By connecting to their account, a tab closes their account.
• They can delete their account by writing to the email address indicated in Article 9.3 “Data Controller”
• They can exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 “Data Controller”
• If the personal data held by the Seller is inaccurate, they can request the updating of the information by writing to the address indicated in Article 9.3 “Data Controller”
• They can request the deletion of their personal data, in accordance with the applicable data protection laws by writing to the address indicated in Article 9.3 “Data Controller”
• They can also request the portability of the data held by the Seller to another service provider
• Finally, they can object to the processing of their data by the Seller

These rights, provided that they do not oppose the purpose of the processing, can be exercised by sending a request by post or by e-mail to the Data controller whose contact details are indicated above.

The data controller must provide a response within a maximum of one month.

In the event of refusal to comply with the Client’s request, this must be justified.

The Client is informed that in the event of refusal, he/she may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to check a box to agree to receive informative and advertising emails from the Seller.

The Customer will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

The content of the site aerinside.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

These GCS and the operations resulting from them are governed by and subject to French law.

These GCS are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.

The Products also called liquid “Formulas” with probiotics have been the subject of extensive research and have been tested in the laboratory to study the effectiveness of probiotics by the ultrasonic diffusion method.

Our Company has developed exclusivity and confidentiality agreements with Probiotic Group.

By browsing the Site and “accepting the GCS, you also agree to respect the confidentiality agreements following Article 13.

The elements of the site may not be reused for its own purposes. All elements of the Site, logo, texts and images are also subject to copyright. The ÆR INSIDE logo trademark is registered with the INPI.

Between:

• The natural person, the Customer, on the one hand
• And the Company UNITY IN THE BODY, duly represented by Mrs Chystèle Ferté

Note: The parties are referred to as: the “Transmitter”, here the Company and the “Recipient”, here the Customer (the one who receives) simply for convenience in this article.

Having previously stated the following:

Considering that the Transmitter has designed the concept and is studying the marketing of an innovative Product to ensure the diffusion of probiotics by ultrasonic diffusion mode for the purposes of well-being and air purification for the interiors of the home, It wishes to establish with the Recipient the act of putting a confidentiality clause on the very composition of the Products and also on the use of the Products in similar ultrasonic diffusers.

The composition of the ÆR INSIDE Products remains the full property of the Group that created it, with the exclusive distribution partner UNITY IN THE BODY Company. The tests carried out on the Products and disclosed on the Site are the property of the Company that ordered and paid for them (the invoices being authentic). No external party may appropriate the results of these tests.

The ÆR INSIDE Products placed on the Site necessarily imply the transmission of confidential information, in particular relating to the Products, their functionalities, and an operating concept. It goes without saying that by accepting the General Terms and Conditions of Sale “GCS”, both parties (the Transmitter and the Recipient) agree to the confidentiality of the information.

It has been agreed:

Note: It is essential to start by explaining the context in which the parties exchange data, this allows in the event of a conflict to subsequently explain the initial legitimate expectations of each party.

Article 1 – Definitions

Confidential information means all information and data, regardless of form, transmitted by the Transmitter to the Recipient, in writing or orally or during these discussions, negotiations or meetings between the parties, and including without limitation all written or printed documents, analyses, compilations, studies, proposals and other documents that the Transmitter’s departments, representatives, employees or advisors may have prepared.

Article 2 – Obligations du Récipiendaire

The Recipient undertakes that said confidential information:

• is protected and kept strictly confidential and is treated with the necessary degree of precaution and protection given its nature;
• is not disclosed to third parties under any circumstances without the express prior authorization of the Transmitter.

In particular, the Recipient undertakes:

• not to make a public presentation or publication of this information;
• not to communicate it to a third-party publisher;
• not to reuse this information in calls;
• not to use the information for its own account, in particular by creating a business with the same Products. It also undertakes not to purchase the Products in order to copy them or analyze their contents.

Information that has entered the public domain prior to its disclosure under this agreement is not covered by this undertaking.

Article 3 – Ownership and intellectual property

The transmission of information by the Transmitter does not entail any transfer of ownership rights or intellectual property rights to the Recipient.

The information transmitted through this contract remains the full property of the Transmitter.

Article 4 – Return and destruction of confidential information in the Partnership

At the end of a planned partnership, such as “Rebranding” or “Resellers” – whether or not agreements are concluded, the Recipient undertakes that:

• all confidential information will be returned to the Transmitter, if applicable at its request;
• other confidential information media will be destroyed without delay.

Article 5 – Confidentiality of this commitment

The existence and terms of this agreement as well as the existence and content of these negotiations are confidential.

Article 6 – Applicable law and jurisdiction

This contract is subject to French law.

Article 7 – Duration

The duration of this commitment is set at 3 years from the provision of the last confidential information.

Checking the box “I accept the General Conditions of Sale” means that you have accepted these general conditions of sale and the confidentiality agreements.

For any complaints, please contact customer service at the Seller’s postal or email address indicated in ARTICLE 1 of these GCS.

The Customer is informed that they may in any event resort to conventional mediation, with existing mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In this case, the mediator is designed by UNITY IN THE BODY.
Email: https://sasmediationsolution

The Customer is also informed that he may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes to which the purchase and sale transactions concluded in application of these General Terms and Conditions and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.