Terms and Conditions

By accessing this web site, you are agreeing to be bound by and agreeing to the these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

To use some of the services or features made available to you on this Site you will need to register for an account. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following email address customerservice@viaircorp.com

Here are the some of the benefits you’ll be able to enjoy by registering with us for a VIAIR Corp account:

  • Track your orders and review purchase history
  • Request your return or exchange directly from your account
  • Save your address and card details to expedite your purchases in the future.
  • Manage and edit your account details.

To create an account, simply click on ACCOUNT and then CREATE ACCOUNT to fill in your details. The account password you create should be unique and kept secure, and you must notify VIAIR Corp immediately of any breach of security or unauthorized use of your account.

Should you have any issues with your account or need any help in relation to it, then please do not hesitate to contact our Customer Care team during normal business hours (M-F, 8am-5pm PST). However, please note that we can only communicate with the named account holder in relation to any questions, changes or cancellation of an account.

Forgotten password

If you have forgotten your password, follow the FORGOTTEN PASSWORD instructions on the SIGN IN page. For security reasons we are unable to send your password via email.

Please refer to our Privacy Policy for information about how we use your data.

Eligibility to purchase

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the VIAIR Corp terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to VIAIR Corp, and who have authorized VIAIR Corp to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, VIAIR Corp reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where VIAIR Corp feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

Orders

All orders are subject to acceptance and availability, and Items in your shopping cart  are not reserved and may be purchased by other customers.

VIAIR Corp offers products for sale that are in stock and available for fulfillment from our distribution center. Occasionally however, we may be waiting for shipments. Consequently you may from time to time be given the option to Pre-Order an item for qualified items allow for Pre-Ordering. This will ensure that you receive this item in priority once stock has been delivered.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will generally sell out during this period.

Pricing Policy

Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, local sales tax will be charged on all orders (where applicable).

Acceptance of your order

Once you have made your selection and submitted your order, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received order submission.

Unless you cancel your order, completion of the contract between you and VIAIR Corp will be perfected when we ship the goods to you at which time you will receive a second email containing your tracking number, and confirming that your order has been shipped. 

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the TOS.

Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been canceled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

Payment

Payment can be made by Visa, MasterCard and American Express, and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with ShopPay or Apple Pay. Once this transaction is complete. Payment will be debited and cleared from your account upon fulfillment of your order by VIAIR Corp.  You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to VIAIR Corp, we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered VIAIR Corp user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

Furthermore, we take 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 unauthorized access to any data you provide when accessing or ordering from the Site.

Promotion Codes

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, unless specified, and must be redeemed by the date published, if provided.

Insurance and delivery

You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.

VIAIR Corp insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for goods over $100USD, unless the signature is waived by you, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by VIAIR Corp, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.

Please note, that if no signature is collected, you agree to our terms and conditions and confirm that VIAIR Corp can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. You authorize VIAIR Corp to leave the package(s) at the shipping address without obtaining a signature and release and indemnify VIAIR Corp from liability for any loss or damage that may result from leaving the package(s) at your shipping address without obtaining a signature.

In the event of an inaccurate shipping address provided, the associated shipping and re-shipping expenses will be your responsibility. VIAIR Corp bears no liability in such cases.

Delivery times appearing on the Site are estimates and are to be used as a guide only and commence from the date of shipment from VIAIR Corp. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. VIAIR Corp  is not responsible for any delays caused by the shipper. 

If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.

Exchanges and Returns

ARRANGING YOUR EXCHANGE OR RETURN

You must request your exchange or return and send your unwanted items back to us within 30 days for a refund of the value of the item only, or an exchange on the same item in a different size, based on stock availability. Please refer to our Exchanges & Returns policy for further details on how to request your return.

RETURNING YOUR PURCHASE

Making a return for a refund, store credit, or exchange is easy using either our Domestic Returns service. All items must be sent back to us within 30 days of receiving your order. 

Please click here for details of our Exchanges & Returns Policy, which is part of these Terms and Conditions.

Intellectual property rights

You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including VIAIR Corp Software and all HTML and other code contained in this Site, shall remain at all times vested in VIAIR Corp and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by VIAIR Corp and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

“VIAIR” and “VIAIR Your Vital Air Source” are registered trademarks of the VIAIR Corporation all rights reserved, and may only be used with written permission from VIAIR Corporation.

All product names, logos, and brands are property of their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names, logos, and brands does not imply ownership or endorsement.

Content

In addition to the Intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. VIAIR Corp tries to ensure that the information on this site is accurate and complete. VIAIR Corp does not warrant or represent that VIAIR Corp's Content is accurate, error-free or reliable or that your use of VIAIR Corp's Content will not infringe rights of third parties. Your use of the Web Site is at your risk. VIAIR Corp does not warrant that the functional aspects of the Web Site or VIAIR Corp's Content will be error free or that this Web Site, VIAIR Corp Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or VIAIR Corp's Content results in the need for servicing or replacing property, material, equipment or data, VIAIR Corp is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement.VIAIR Corp and its suppliers make no warranties about VIAIR Corp Content, software text, downloads, graphics, and links, or about results to be obtained from using the Site.

No commercial use

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

Your activity

You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site.

You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.

Third party

We may include hyperlinks on this Site to other websites or resources operated by parties other than VIAIR Corp. VIAIR Corp is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

General

While VIAIR Corp will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site 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 this Site, or any transaction that may be conducted on or through this Site 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 this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.

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 available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of the State of California.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

General Legal Terms

(a) Complete Terms: The TOS constitute the whole legal agreement between you and VIAIR Corp and govern your use of the Services and completely replace any prior agreements between you and VIAIR Corp in relation to the Services. Notwithstanding the foregoing, you understand that VIAIR Corp may make changes to the TOS from time to time. When these changes are made, VIAIR Corp will make a new copy of the TOS available at http://www.viaircorp.com. You agree that VIAIR Corp is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes.

(b) Modifications to the Services: VIAIR Corp is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which VIAIR Corp provides may change from time to time without prior notice to you. You further acknowledge and agree that VIAIR Corp may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at VIAIR Corp's sole discretion, without prior notice to you.

(c) Confidentiality: You understand that VIAIR Corp grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. VIAIR Corp reserves the right to revoke these exceptions either generally or in specific cases.

(d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that VIAIR Corp has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences including any loss or damage which VIAIR Corp may suffer) of any such breach.

(e) Rights Not Waived: You agree that if VIAIR Corp does not exercise or enforce any legal right or remedy which is contained in the TOS (or which VIAIR Corp has the benefit of under any applicable law), this will not be taken to be a formal waiver of VIAIR Corp's rights and that those rights or remedies will still be available to VIAIR Corp.

(f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.

(g) Governing Law:Any claim relating to VIAIR Corporation’s web site shall be governed by the laws of the State of California without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.