Terms and Conditions

AETHAER is a registered trademark and is wholly owned by MoreChaos Limited.

These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this Website.

Before you place an order, if you have any questions relating to these terms and conditions, please contact our Customer Service team by email at intel@AETHAER.com

Definitions

  • Conditions – means these terms and conditions and the Special Conditions
  • Product – means a product displayed for sale on the Website/app
  • Product Description – means that part of the Website/app where certain terms and conditions in respect of the individual Product are provided
  • Special Conditions – means the terms and conditions in the Product Description
  • Users – means the users of the Website/app collectively
  • Personal Information – means the details provided by you on registration
  • We/us – means AETHAER (MoreChaos Ltd)
  • Website – means the website located at www.AETHAER.com or any subsequent URL which may replace it
  • App – means the AETHAER app downloaded from app links that appear on www.AETHAER.com, Google and Apple App stores, and subsequent App stores
  • Cookies – means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer/device
  • You – means a user of this Website/app.

Use of the Website and App

You are provided with access to this Website/app in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Registration

You warrant that:

  • The Personal Data which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
  • You will notify us immediately of any changes to the Personal Data by updating these details on your online account.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website/app using your shopping account and/or your Personal Information.

Our Rights

We reserve the right to:

  • modify or withdraw, temporarily or permanently, this Website/app (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website/app; and/or
  • change the Conditions from time to time, and your continued use of the Website/app (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website and app.

Third Party Links

To provide increased value to our Users, we may provide links to other websites, apps or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website/app we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites/apps, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites/apps or resources or (iii) the use to which others make of these websites/apps or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites/apps or resources.

Air Quality Data is sourced from third party suppliers to provide users with an Air Quality Index (AQI) value in their approximate location, but is only an accurate representation of the air quality immediately surrounding their nearest Air Quality Measuring station from which we receive the information.

 

Recommendations

When you use our website/app, you'll see that we offer you recommendations, showing products we think you might like and could perhaps miss when you're browsing the site.

The advice we provide is based on the user’s proximity to their nearest air quality measuring station. We do not have the ability to measure a user’s direct exposure to air pollution, and users are ultimately responsible for their own safety. The guidelines we offer to wear safety devices and use anti-pollution products are in reference to the data we receive from third-party managed air quality stations. Users are responsible for using other means to determine the quality of the air immediately surrounding them, and take appropriate action.

The safety-wear and devices we supply are third-party products, as we are purely the retailer/distributor of these products. Please refer to the manufacturer’s website for further information on the quality of their safety-wear, adhere to their recommendations, select the device that is appropriate for you, and wear/use the device in accordance with the manufacturer’s instructions.

The recommendations we provide are general, and are only a rough indication of the outdoor air pollution levels, accurate only to your immediate proximity to the air quality station we supply data from, and within set time intervals that vary from station to station. AETHAER (MoreChaos Ltd) are not responsible for accurately representing your exposure to air pollution, whether indoor or outdoor. The responsibility to measure air quality and avoid exposure to air pollution lies with the user of our services. Users should decide for themselves whether it is appropriate to follow our recommendations.

Please see our Privacy Notice if you'd like more information on how we use your personal data to make recommendations to you.

We will treat all your Personal Data as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable privacy regulations and consumer legislation.

If you'd like to read more on how and where we collect or how we use your personal data, please see our Privacy Notice

In the Privacy Notice, you can also find out how to stop receiving marketing information.

Please see our cookies policy to learn more about what cookies we use, their nature, purpose and related usage of your personal data on www.AETHAER.com and the AETHAER app.

Description of Products

Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website/app are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website/app as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

In accepting these Conditions you agree to provide AETHAER truthful and accurate information.

Payment Methods

We accept a number of secure and convenient payment methods. You may either pay securely via your PayPal account, or by Credit Card (the transaction of which is managed by either PayPal or Stripe). You do not need a PayPal or Stripe account in order to make a purchase.

Ordering, Cancelling, Returning Products and Refund Policy

Orders can only be made via our website or apps. Faulty products can be returned if they have been damaged during transport. If you experience a problem, please contact us immediately via our contact form. Please ship the package to the designated address provided by our staff. Customers will have to cover the shipping fee for the package return. We will send back a replacement package. We can only accept exchanges; we are not able to give refunds for items, faulty or otherwise.

Some items may be out of stock or there may be insufficient products to complete the order during the order processing stage. In this event, our customer service staff will contact you and provide you with a status update. In such a circumstance, we will either send the replacement package when we have new stock in, or will ask if you would like a different product of equivalent value instead.

Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. Find out more about our Refund policy which is incorporated into these Conditions.

Deliveries & Shipping

We ship to all countries throughout the world. Depending on availability of stock, it may take some time to process your order. Unless you select a higher priority shipping option, you will receive our standard shipping service. Our standard shipping service aims to be able to ship to you within 4 business days of receiving your order, and we expect your order to be delivered to you within 7 - 10 days of dispatch (depending on your location). Please allow at least 14 business days between making your purchase and receiving your item(s). After we dispatch your goods, we will email you a tracking number for the courier company (this will be based on your email preferences).

Import duty and sales tax may be added to your purchase by your country's customs authority. It will usually be calculated as a percentage of the total value imported, and may include the shipping cost as well. AETHAER does not apply a sales tax to your purchase(s). You will need to research what law and import practices apply in the country you are shipping to.

Contract Creation and Electronic Contracting

The technical steps required to create the contract between you and us are as follows:

  • You place the order for your products on the Website/app by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website/app
  • We will send you an order confirmation email detailing the products you have ordered. This is not an order acceptance
  • Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order
  • For most products sent directly from our warehouse, your credit/debit card will be charged as soon as you place your order

Non-acceptance of an order may be a result of one of the following:

  • The product you ordered being unavailable from stock
  • Our inability to obtain authorisation for your payment
  • The identification of a pricing or product description error
  • Your not meeting the eligibility to order criteria set out in the main Terms & Conditions

The contract will be concluded in English.

If you do require any information regarding orders you have placed with AETHAER, please write to us at: intel@AETHAER.com

Consumer Contracts Regulations

This legislation offers you the following cancellation rights when you buy online or by phone:

  • You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.
  • Your right to return or cancel products does not apply to goods that are made to measure or are made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. This doesn't affect your statutory rights if goods are faulty or not as described.
  • If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
  • To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
  • You can cancel by email: intel@AETHAER.com
  • If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).
  • We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.

Please see our Refund policy for further details.

AETHAER Account

  • These terms and conditions, as well as the Privacy Notice displayed (together "Terms"), govern your AETHAER account ("account"). Additional terms and conditions may also apply for optional elements of your account such as competitions and prize draws. The Terms may be amended at any time by AETHAER, and the current version will be displayed here. Membership of your AETHAER account is deemed acceptance of the Terms by any member or proposed member.
  • To hold an AETHAER account, you must have an email address. We may refuse an application for any reason. You may only have one AETHAER account. We reserve the right to refuse, merge or close additional accounts at any time. You can choose to leave AETHAER at any time by contacting AETHAER; you can also opt out of loyalty communications, but this will remove you from the scheme as we can no longer deliver the benefits.  You must keep us informed of any changes to your personal or membership details. We will not be responsible for any loss of points, vouchers or benefits resulting from details being out of date or inaccurate.
  • Your AETHAER account is not transferrable, cannot be copied and can only be used by the member who is named and registered for it. We may, at any time, terminate the AETHAER account scheme.
  • We may at our discretion decline to issue, withdraw or cancel AETHAER accounts, points, coupons and vouchers at any time.
  • We may remove a member from AETHAER membership at any time where a member appears to have breached the Terms or behaved in an inappropriate, misleading or abusive manner.
  • We reserve the right to monitor the number of memberships in any household, and the right to cancel any suspected duplicated memberships.
  • AETHAER accounts are only for personal use by consumers. AETHAER accounts may not be used for any business or commercial purpose.
  • AETHAER points, coupons and vouchers remain the responsibility of the member, as do any security details relating to the account. We will not be held responsible for any loss arising from the member failing to ensure their safe-keeping.
  • AETHAER points, coupons and vouchers cannot be transferred, bought, sold or in any way traded. Only one coupon or voucher can be used at any one time, and cannot be combined with any other points or offer.
  • All coupons or vouchers are subject to an expiry date, beyond which they cannot be used or reissued. Coupons or vouchers that are lost or mislaid will not be reissued.
  • Please see our Privacy Notice to see what personal data we collect, when we collect it and how we use it as part of the AETHAER loyalty programme. 
  • The Terms are governed by Hong Kong law, and are subject to the exclusive jurisdiction of the courts of Hong Kong.

Gift Cards, E-Gift Cards, Gift Vouchers and Promotional Discounts

  • You can redeem AETHAER gift cards, or e-gift cards, gift vouchers, points and promotional discounts on the AETHAER Website/app as part or full payment.
  • Please be aware of the expiry date on vouchers, gift cards, and promotional discounts. We will not honour expired gift cards, promotional codes, points or vouchers.
  • Points, Vouchers, Promotional Discounts, Gift cards and E-Gift Cards cannot be exchanged for cash. We do not give change or refunds on gift cards or e-gift cards.
  • If you are using a gift card or e-gift card online and the total order value is less than the value of the card, any balance will either remain on the card or be re-issued as points and may be applied to future purchases, provided that the card has not expired.
  • Where goods you have purchased with a gift card or e-gift are subsequently exchanged for goods of a lower price or returned, monies owing will be refunded to a gift card or to your account by way of points.
  • If you return goods you have purchased online using a gift card or e-gift card, we'll credit monies owing to your AETHAER account by way of points. This does not affect your statutory rights.
  • If you place an order using a voucher, gift card or e-gift card and subsequently cancel the order before delivery, monies owing will be refunded to your gift card, e-gift card or credited to your account as points. This does not affect your statutory rights.
  • We reserve the right to refuse to accept a voucher, gift card or e-gift card which we deem to be tampered with, duplicated or which otherwise is suspected to be affected by fraud.
  • We reserve the right to amend the points, voucher, gift card and e-gift card terms and conditions from time to time, where we consider it reasonable and necessary to do so.

General Terms

Intellectual Property and Right To Use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website/app shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the Website/app is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website/app is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

To provide additional information, on some products you'll find a link to a third-party website, which may only allow you to access and print its content only for your own personal and non-commercial use.

Compliance with Laws

The Website/app may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website/app and any transactions conducted on or through the Website/app.

Limitation of Liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website/app, we make no warranties, whether express or implied in relation to its accuracy. The Website/app is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website/app, or any transaction that may be conducted on or through the Website/app including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website/app will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website/app. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website/app.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products/services. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

  • any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
  • any loss of goodwill or reputation; or
  • any special or indirect losses

suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire Agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what AETHAER (MoreChaos Ltd) and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

The Conditions shall be governed by and construed in accordance with the laws of Hong Kong and you irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.

Contact

For any queries regarding our service, please contact us via email.

Our company details are:

AETHAER (MoreChaos Ltd)
Registered office: Unit 1101, Luk Yu Bldg, 24 Stanley Street, Central, Hong Kong, Hong Kong S.A.R.
Registered in Hong Kong. Company registration number: 1866360