Terms and Conditions
The following document onlines terms and conditions for using www.artofair.ie & the terms and conditions that govern Art of Air Ltd’s., supply, installation & services of Air Conditioning solutions. It outlines all the things you need to know about using the www.artofair.ie website and interacting with Art of Air Ltd. Please read carefully.
We last updated this page in August 2019.
This is an agreement between you and Art of Air Ltd., company registered number 643352. Our registered office is 30 Oakdene Heronswood, Carrigaline, Cork, Ireland.
Art of Air Ltd. is Irish registered SME that supplies, installs and services Air Conditioning Solutions for the domestic market throughout Ireland. Art of Air is an Irish Registered Company, which upholds under EU duristiction, your statutory consumer rights.
Please note, we may refer you to other websites, external information sources to give you easy access to information beneficial to you during your product search or service query. As we have no control over these external information sources, we accept no responsibility for what you find there.
The documents set out in this section govern your dealings with Art of Air Ltd. Please read them carefully.
Art of Air Ltd. supplies air conditioning and air conditioning related products. These products, may be subject to further terms and conditions. If their terms and conditions differ to ours, their terms and conditions supercede our own.
Art of Air Ltd. has partnered with Flexi fi to provide a finance solution for those who qualify in accordance with Flexifi’s criteria. Should you avail of our finance option, you are subject to the Terms & Conditions of our Finance Partner Flexifi. Please read these terms carefully.
THE FOLLOWING TERMS AND CONDITIONS WILL APPLY TO YOUR ORDER. PLEASE MAKE SURE THAT YOU READ THEM CAREFULLY BEFORE ENTERING INTO THIS AGREEMENT.
WE DRAW YOUR ATTENTION TO YOUR CANCELLATION RIGHTS IN AND THE LIMITS OF OUR LIABILITY.
1. Words & meaning used in these Terms
- “**our agreement**” means the agreement pursuant to which we provide the Products, Services and/or Surveys, comprising these Terms and any additional terms that apply to any Services we provide, quote we give or any promotional or special offers.
- “**bespoke design**” means a design created using our professional expertise based on either: (i) a survey conducted by a member of Art of Air Ltd; or (ii) measurements and descriptions, architectural blueprints provided by you, in each case for the purposes of providing you with a quotation.
- “**Products**” means the goods and products that we sell.
- “**Concierge Quotation or Quotation**” means a fixed price for Products and/or Services provided by us against which you can place an Order in accordance with these Terms.
- “**Services**” means the services ordered by you and set out in the Quotation
- “**Survey**” means a visual inspection of the area specified by you in order to: (i) verify the Plan; and/or (ii) produce a Quotation.
- “**Terms**” means the terms and conditions set out in this document.
- “**we**”, “**us**” or “**our**” means the Art of Air entity from whom you order and purchase Products, Services and/or Surveys (as applicable), namely (depending on the circumstances):
- “**Website**” means the website (www.artofair.ie) (or such other URL as we may specify from time to time)) that is operated by us or on our behalf.
- “**you**” or “**your**” means the person(s) placing an Order.
2. Basis of sale
These Terms apply to your Orders for, and purchases of, Products, Services and/or Surveys supplied by Art of Air Ltd.
Please check that your Order (and where relevant your Quotation) is complete and accurate before you commit yourself to your Order. Following receipt of your Order we may (depending on the nature of your Order) provide you with additional sales information. Please check the additional information when you receive it; you must notify us if it is inaccurate.
3. Product Selector, Climate Calculator & Concierge Quotation
Climate Calculator, Product Selector, Cost Your Climate: refers to a tool we created, which is available online, designed to elicit your requirements for home air conditioning and match these with suitable products. Results displayed online are subject to a site survey. Further information supplied by you may also amend the product results. Art of Air reserves the right to amend orders during a site survey. Please see our cancellation policy for amended orders.
Where your requirements exceed the capabilities of this tool, you may request a concierge quotation.
Concierge Quotation: refers to the process of a quotation request and requires Art of Air to design a solution using our professional expertise based on one or all of the following: (i) product options selected by you; and or (ii) operational preferences / requirements selected by you online using our online Climate Calculator and or (iii) a survey conducted by a member of Art of Air Ltd; and or (iv) measurements and descriptions, architectural blueprints provided by you, for the purposes of providing you with a quotation. Quotations will only be submitted to you following a site survey. In the event that the home is not yet built, a second site survey maybe required. In this instance, the original quotation for the new build, and yet to be build is subject to verification during the second site survey. Art of Air reserves the right to amend any original quotation subject to the second site survey. A concierge quotation will be supplied in email format, and has a period of validity of 60 days. Should you fail to place your order within this timeframe, Art of Air Ltd, reserves the right to revisit your quotation and make any changes as is reasonable. You may choose not to accept the original or amended quotation, and may do so without penalty. Art of Air reserves the right to refuse to complete a concierge quotation.
Please note, if you have information which will impact your quotation, you are obliged to supply this to Art of Air for the purpose of creating an accurate & complete quotation. Failure to do so will null and void any quotation provided should the withheld or inaccurate information alter the quotation. Art of Air reserves the right to amend the quotation or remove the offer of quotation at this point should the withheld or inaccurate information significantly alter the design and installation of the solution within the supplied quotation.
4. Quotations, Estimates and Surveys
The following terms apply where we carry out a Survey and provide you with an estimate in advance of the Survey and a Quotation following the Survey:
- For certain types of Products and Services we may give you a Quotation without producing a Plan or carrying out a Survey.
- If we give you an Estimate it is indicative only and subject to us carrying out a Survey. You will need to place an Order for the Survey.
- If we carry out a Survey you will need to bring to our attention anything which is relevant to the Products and/or Services you require.
- After we have carried out a Survey we will normally give you a Quotation for the Products and/or Services.
- The Quotation will include a schedule setting out the Products and/or Services we are quoting to provide (“Schedule of Works”).
- Quotations are only valid for the period of days specified on the Quotation or, where none is specified, 60 days from the date of the Quotation. If you do not accept a Quotation by placing an Order within this period, the Quotation is withdrawn unless we agree otherwise in writing.
- If a Survey is required but we are unable to carry out an appropriate visual inspection (for example, if building works are not complete) we may need to carry out a second Survey and we reserve the right to charge an additional fee for that second Survey.
- Changes to your Order and/or Quotation (including the Schedule of Works, price and delivery dates) may be required as a result of the second Survey. If changes are required we will provide you with an amended Quotation or a new Quotation. If you do not accept the amendments or the new Quotation, we will cancel the Order and you will receive a refund of the price paid (if any).
- We will only provide the Services requested in the service order and where relevant as part of the Quotation and/or Schedule of Works or as otherwise agreed between you and us. If you want us to provide any additional services we may need to agree an additional Order with you.
Order refers to your order for the Products, Services and/or a Survey (as applicable), placed online via our website, by telephone or email, in response to a concierge quotation using such other means as we may permit from time to time.
5. Placing, acceptance & confirmation of an order
All orders placed online, or over the phone or email are subject to a full money back guarantee.
Please read carefully the terms of our money back guarantee here.
When placing an order online www.artofair.ie; You will have an opportunity to check and correct any input errors in your Orders via the Website up until the point at which you submit your Order by clicking the confirm order and pay (or similar) button on the checkout page of our Website. Please carefully check your Order at each stage of the order process. Once you have clicked the confirm order and pay (or similar) button, you will need to pay for your Order.
Your Order is an offer to purchase from us. When you place an Order with us, you do so in accordance with these Terms, subject to our acceptance of your Order.
Unless we have notified you that we do not accept your Order , we accept your Order as follows:
When you place an Order via the Website, we accept your Order: (i) up to seven days after the date of the Order; or (ii) when we make the arrangements for the site survey, whichever is earlier;
Where you place an Order during a site survey, we accept your Order when we provide you with an email receipt confirming that the Order has accepted.
When you place an Order by telephone or email, we accept your Order when we provide you with an email receipt confirming that the Order has accepted.
These Terms (and our agreement) will become binding on you and us when we accept your Order as described in the preceding paragraph. The processing of your payment and acknowledgment of receipt of your Order (whether by email, telephone or otherwise) does not constitute legal acceptance of your Order.
We may choose not to accept your Order for any reason and we will not be liable to you or to anyone else in those circumstances.If we do not accept your Order (whether in whole or in part) we will refund any monies paid in connection with that Order (or that part of the Order that we do not accept).
If we accept your Order, we have a legal duty to supply any Products ordered in conformity with our agreement subject to site survey. Should the survey show up obvious reasons why the order can not be fulfilled by Art of Air, we reserve the right to cancel the order and a full refund of any monies paid will be provided to you.
Order Amendment; If, during the site survey, the original order is amended due to (i) obvious construction restrictions deeming it unable to be installed (ii) the product ordered does not meet the criteria of the home’s construction or customer’s needs, (iii) the installation is non standard or for any other obvious reasons you reserve the right to refuse the amended and we will cancel the original order. A full refund of monies paid will be made to you.
Orders that are amended, and not cancelled by you or Art of Air, following a site survey where additional cost is required the difference must be paid in full should you accept the amendments and additional cost. The amended order will be confirmed as accepted by us when we issue you with an email confirming it as accepted.
Orders that are amended, and not cancelled by you or Art of Air, following a site survey where the cost is less than the original order, the difference will be refunded to you.
These Terms are between you and us, regardless of whether a third party pays for the Order.
The provision of the Services may be subject to additional terms. Where this is the case, these additional terms will be brought to your attention.
6. Standard Installation for a single fixed AC unit or two units.
All orders placed online for fixed ac units are come with standard installation included and are subject to a site survey
Standard Installations require interconnecting pipework between the indoor unit and the outdoor compressor. A standard installation for a single unit and compressor has a maximum of a 15m piperun between the outdoor unit(the compressor) and the indoor unit (duct, highwall, or low-wall options). A standard installation covers buildings with walls that are of a standard thickness and are of contemporary construction (block & cavity), block only, wooden frame. Period homes with thicker walls requiring specialised drilling are beyond the scope of a standard installation. A mains electrical supply is required (a power socket is inadequate).
You must inform us if the property where the Services are to be provided is listed, located within a conservation area or otherwise subject to restrictions which may impact on the Services. It is your responsibility to check that the Services will not violate any such restrictions.
Art of Air will provide a schedule of work for any electrical & construction work required prior to the Art of Air installation. All construction requirements & electrical works are carried out by your contractors and is independent of Art of Air.
Art of Air accepts no responsibility for any damages or faults or certification that may occur or be required as part of this work.
Art of Air reserves the right to amend the order where the installation is non-standard and amend the pricing accordingly. See amended order terms above.
While every effort is taken to keep mess caused during the installation to a minimum Art of Air will not make good paint or other damages that are unrelated to the installation.
7. Site Access
Safe & reasonable access to the property or site on the agreed date of the survey must be provided by you. Art of Air reserves the right to refuse to enter a site which may endanger its employees or contractors. In this instance the order will be paused, pending the provision of safe access. The terms of the order will resume once site access is granted. Art of Air accepts no responsibility in this instance for any costs incurred due to delay and reserves the right to cancel the order if safe access can not be granted.
- The Services will be provided with reasonable skill and care. We will try to keep disruption to water, gas and electricity supplies to a minimum.
- You will need to provide us, and any third party carrying out the Services on our behalf, with free, safe and proper access to the property concerned (including the loft and garden) and free, safe and proper storage for our and (where relevant) their equipment and property while carrying out the Services, including an area to store any waste and also for any Products we deliver to you before the Services start (if any). You will take such other steps as you reasonably can to enable us to provide the Services.
8. Services: General
- We will only carry out the Services using Products that you have purchased from us or an authorised third party acting on our behalf, unless we agree otherwise. You must ensure that the Products you select and purchase are suitable for your needs and are suitable for the Services you order.
- The Services may be provided by a third party on our behalf.
- We reserve the right to refuse to provide the Services and cancel your Order where we have reasonable grounds for doing so (such as concerns over the safety of our employees and contractors or where you ask us to perform the Services in a manner that contradicts our reasonable recommendations). If we cancel your Order in these circumstances, you will receive a refund of the price paid.
- If we have agreed to remove pre-existing units, fixtures or fittings this may necessarily cause some damage to surrounding areas. We will try to limit the amount of damage caused but unless we have agreed to do so or we have failed to exercise reasonable skill and care, the Services do not include us ‘making good’ any damage caused, painting, decorating or tiling.
- Unless we agree otherwise or unless resulting from the negligence of us or any subcontractor appointed by us, the Services do not include, and we shall not be responsible for, the correction of:
- any faults or failures in the supply of water, electricity, gas or other services to the property where the Services are to be provided nor any faults or failures in the water or drainage systems or any other conduits or systems connected to the property; or
- accidental or wilful damage or defective works caused by other persons in relation to the property where the Services are to be provided.
- Any reduction in energy consumption (including any calculation of potential costs savings) that we provide to you is approximate only and, unless we have failed to take reasonable skill and care, we shall not be responsible if the reduction or savings are not achieved following the provision of the Services.
- Unless we agree otherwise, the Services do not include the removal of any waste and you will need to make your own arrangements for the disposal of such waste.
9. Additional works
- If additional works are: (i) found to be necessary (including the removal and disposal of asbestos and any other hazardous substances); or (ii) requested by you, in each case during the course of the provision of the Services, we reserve the right to charge additional fees for the Products and/or Services to be provided. Where such additional works are found to be necessary, work under your Order will be suspended and we may provide you with a quotation for the additional work. If you accept the quotation we will recommence work under your Order and carry out the additional works. The provision of additional works may be subject to separate terms and conditions.
- Additional work may be fundamental to the provision of the Products and/or Services and, as a result, we reserve the right to suspend the provision of the Products and/or Services until such additional works have been completed, whether by us or a third party to our satisfaction. If you do not agree to the additional works, you may cancel your Order and you will be liable to pay our charges for the Products provided and/or Services carried out prior to cancellation. You will only receive a refund for that part of the Services not provided and those Products which we have not made or started to make to your specification and/or which have not been installed prior to cancellation.
- If you do not agree to the additional works and cancel your Order we will not be responsible for ‘making good’ any damage or disruption caused, painting, decorating or tiling and, although we will try to limit the amount of damage and disruption caused, we will not be responsible for putting the property where the Services are to be provided back in the condition it was in prior to us providing the Products and/or Services, unless we have agreed to do so or we have failed to exercise reasonable skill and care.
10. Prices, payment and availability
The following terms apply to prices determined solely from information you provide to us and where we have not provided you with an Estimate or Quotation or completed a site survey;
- In order to ascertain the price payable for the Services you Order, you must provide us with certain information in response to our questions about the property where the Services are to be provided. The initial price you pay for your Order is calculated based upon your responses to these questions.
- When we attend the property to carry out the Services, we will verify that the initial price you have paid for your Order is correct. If we determine (in accordance with our list prices) that the total cost of your Order will exceed your initial payment, we reserve the right to charge additional fees for the Services to be provided. If you do not accept the additional fees we will cancel the Order and you will receive a refund of the price paid. If we determine that the total cost of your Order will be less than your initial payment, you will receive a refund of the amount you have paid that exceeds the total cost of your Order.
The following terms apply in all circumstances:
- You must pay for all Services and Products you purchase from us or an authorised third party on our behalf (if any), together with associated VAT charges, in advance, unless we have agreed otherwise in advance in writing. Payment must be made by credit or debit card if you place your Order by telephone.
- All prices include applicable sales tax (including VAT), unless expressly stated otherwise. The exact amount of sales tax will be shown on the sales tax invoice (where provided).
- In the event that the total cost of your Order differs from the initial price you paid, such that an additional payment or refund (as the case may be) is required that post-dates a change in the rate of sales tax, we may adjust the sales tax you pay for the total cost of your Order in accordance with applicable law.
- We may update prices at any time. Despite our best efforts, we may occasionally misprice our Surveys, Services and/or Products. If this happens then we will not be obliged to supply the Survey, Services and/or Products at the incorrect price or at all. We will (at our discretion) either cancel your Order (and refund the price you have paid) or endeavour to contact you and ask you whether you wish to continue with the Order at the correct price. If we are unable to contact you or you do not wish to continue with the Order at the correct price, we will cancel your Order and refund the price you have paid.
- From time to time we may apply promotional prices to our Services and/or Products. These promotional prices will only apply in the context in which the promotion is given and are subject to the terms of that promotion.
If you use a credit/debit card to pay for your Order, you must use your credit/debit card or a credit/debit card that you are otherwise authorised to use. All credit/debit card holders are subject to validation checks by third parties and authorisation by the card issuer. If the issuer of the card refuses to authorise payment or any other validation checks return adverse results, we will not accept your Order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
We are not responsible for the card issuer or bank charging the cardholder as a result of our processing of the credit/debit card payment in accordance with your Order.
All Products are subject to availability. If you order Products which are not available from stock, we will take reasonable steps to contact you to discuss how you wish to proceed. You will have the option to wait until the Products are available from stock, or cancel your Order for those Products. If the Products are unlikely to be restocked (or we are unable to contact you), we will cancel your Order for those Products and refund the price you have paid for those Products.
12. Design and IPR
If we design a solution at your request, it is for the sole purpose of providing you with an Estimate and is indicative only. It is based on either a basic visual inspection for aesthetic purposes only or the measurements and information you provide.
- All designs (and all intellectual property rights (including copyright) within the designs) will be owned by us and may only be used by you in connection with an Estimate, Quotation or Order for Products and/or Services from us and/or the provision of Services by us to you. You assign to us all right, title and interest (including any intellectual property rights) in and to each Plan created by you (and agree to sign any document at our request and our reasonable expense to give effect to this assignment) and you waive all moral rights in and to that Plan.
- We will not be liable for the accuracy and suitability of the Plan and you should not rely on it. We recommend that you have a survey, and possible second survey if not yet built, whether carried out by us or a third party, before carrying out any installation work or otherwise relying on the design.
If you provide us with measurements you must ensure they are correct and accurate. You are responsible for the accuracy of measurements you provide.
If there is an error in the measurements you supply and the Products and/or Services are made or supplied to those measurements, we will not refund the cost of the Products and/or Services provided, unless the Products are faulty or we have failed to exercise reasonable skill and care.
14. Delivery Estimates
If the timeline for fulfilling the services, installation or quotation exceeds the original estimated date a new date will be given to you. If this new date is unacceptable to you, you are entitled to a full refund of monies paid.
We will take reasonable steps to meet any estimated date(s) set out on the Quotation, or schedule of works agreed during the site survey. Subject to availability and our Delivery Terms, where we have agreed to deliver Products, we will use reasonable endeavours to do so on any specified date we agree. Occasionally these date(s) may be affected by factors beyond our reasonable control and so these date(s) cannot be guaranteed. We do not recommend removing fixtures and fittings until shortly before the installation is due to start or (where applicable) you have received your ordered Products and checked all of them for any defects or missing parts. We will let you know if we become aware of an unexpected delay and will arrange a new date with you.
You must let us know if you wish to re-arrange the delivery/installation / service date(s) and we will arrange a new date with you.
If we are unable to start the Services or deliver the Products (where applicable) as a result of your action or inaction (for example, you are not present at the property or you have not cleared the area where the Services are to be provided), we will need to arrange a subsequent visit to complete the provision of the Services or deliver the Products and we reserve the right to charge you a further fee for this.
15. Risk and ownership
If any Products are provided to you by us or an authorised third party on our behalf, on delivery of the Products to you (or collection of the Products by you), all risk of damage to, or loss of, them shall pass to you and you will be responsible for them.
You will need to safely and properly store any Products which are delivered to you before Services start (where applicable).
Ownership of the Products will only pass to you on the later of us providing the Products to you.
- Until ownership of the Products passes from us to you, you shall hold the Products on our behalf and shall store the Products at your own cost separately from all other products in your possession and marked in such a way that they are clearly identified as our property. We may, before ownership of the Products passes to you, require you to deliver up the Products to us and, if you fail to do so, may repossess the Products. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the Products.
- If you cancel your Order, you must keep good care of the Products before returning them to us.
16. Faulty Products
On receipt of the Products you must check they match your Order. If there is any problem, or if they are defective or damaged you must notify us as soon as is reasonably possible. Claims may be reduced or rejected if we have not been given an opportunity to put matters right.
All installed products are subject to our Warranty terms.
- To the extent not prohibited by law, we accept no liability for any:
- loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our agreement);
- loss which arises when we are not at fault or in breach of our agreement; and
- business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).
- You may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in our agreement is intended to limit your legal rights as a consumer. For further information about your legal rights you can contact your local Citizens Advice Bureau.
- Our Website, catalogues and other media may contain information and materials created and submitted by third parties, and, to the extent permitted by law, we exclude liability for all losses arising from any error, omission or inaccuracy in any such information and material.
- Nothing in our agreement limits or excludes our liability for fraud or fraudulent misrepresentation, death or personal injury caused by our negligence or for any other liability which cannot be limited or excluded by law.
We will not be liable or responsible for any failure to perform, or delay in performance of, the Services, Surveys or any of our obligations under these Terms, nor for any defect or damage to Products, or for any failure or delay in supply or delivery of Products, in each case that is caused by events outside our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).
We will take reasonable steps to display as accurately as possible the colours, appearance and other detailing of our Products (and their packaging) in the images that appear on the Website and in our catalogues and other media. However, we do not guarantee that the images, appearance and other detailing that appear on the Website and in our catalogues and other media will exactly reflect the colour, appearance or detailing of the physical Product (or its packaging). Your Products (and their packaging) may vary slightly from those images.
Any information on the Website and in our catalogues and other media regarding sizing, weights, capacities, specifications, dimensions and measurements of Products is included as a guide only. If you are concerned about the precise size, weight, capacity, specifications, dimensions or measurements of any Product you require, we recommend that you contact us prior to placing an Order and/or purchasing a Product.
Any energy efficiencies or performance, or air health benefits of the products we supply is as a guide only and is dependent on (1) construction of the home, (ii) levels of insulation, (iii) level of solar gain, (iv) usage. We recommend you discuss performance with us as part of the order process.
If any provision of these Terms (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable in whole or in part, the validity, legality or enforceability of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.
If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, or we delay in doing so, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
We may update, vary and amend these Terms from time to time without prior notice. When you place an Order, the Terms in force at that time will apply (as set out on our Website). Please check on our Website to ensure that you understand which Terms apply.
19. Contacting us and you
If you have any questions, complaints or concerns with respect to your Order or these Terms, please contact us as follows:
- If we have to contact you or give you notice in writing, we will do so by email or by hand or by pre-paid post to the address you provide to us in your Order or we otherwise hold for you.