Terms and Conditions

1. The Agreement

The agreement consists of these terms and conditions, information provided in the ordering solution, and any specifically agreed terms. In case of conflict between the information, what is specifically agreed between the parties takes precedence, provided it does not conflict with mandatory legislation.

The agreement will be supplemented by relevant legal provisions regulating the sale of goods between businesses and consumers, including EU Consumer Rights Directive 2011/83/EU and applicable national consumer protection laws in the country of delivery.

2. Parties

Seller: Frann-Eirik Nygård, Viktenveien 63, 8382 Napp, Norway
Email: AeraxysDesign@gmail.com
Phone: +47 915 87 309
Business Status: Startup phase - not currently registered for VAT collection

Buyer: The consumer who places the order, referred to as the buyer/customer.

3. Price

The stated price for goods and services is the total price the buyer must pay for the goods themselves. Additional costs that the seller has not informed the buyer about before purchase shall not be borne by the buyer.

Important Tax Information: As we are in our startup phase focusing on testing market demand, we are not currently registered for VAT/tax collection in any jurisdiction. This means:

• All prices shown are exclusive of any applicable taxes
• Customers are responsible for any applicable taxes, duties, or fees that may be charged by their local tax authorities or customs
• For EU customers: You may need to pay import VAT and customs duties upon delivery
• For UK customers: You may need to pay UK import VAT and customs duties upon delivery
• For Norwegian customers: Norwegian VAT may apply depending on the transaction value

We strongly recommend checking with your local tax authority about potential tax obligations before placing an order. We are working toward full tax compliance and will update customers when this is implemented.

4. Contract Formation

The contract is binding for both parties when the buyer has sent their order to the seller and received order confirmation.

The contract is not binding if there have been writing or typing errors in the seller's offer in the ordering solution or in the buyer's order, and the other party realized or should have realized that such an error existed.

5. Payment

The seller may demand payment for the goods from the time they are sent from the seller to the buyer.

If the buyer uses a credit card or debit card for payment, the seller may reserve the purchase amount on the card upon ordering. The card will be charged on the same day the goods are sent.

For invoice payments, the invoice is issued to the buyer upon shipment of the goods. The payment deadline appears on the invoice and is minimum 14 days from receipt.

Buyers under 18 years cannot pay by subsequent invoice.

6. Delivery

Delivery occurs when the buyer, or their representative, has taken possession of the item.

Unless a delivery time is specified in the ordering solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the order from the customer. The goods shall be delivered to the buyer unless otherwise specifically agreed between the parties.

International Delivery: Delivery times may be extended for international shipments due to customs processing and international transport. Customers are responsible for any customs duties, taxes, or fees charged by authorities in their country. Estimated delivery times:

• Germany/Netherlands: 7-14 business days (plus potential customs clearance time)
• UK: 10-21 business days due to post-Brexit customs procedures (plus potential customs clearance time)

7. Risk Transfer

The risk for the goods passes to the buyer when they, or the buyer's representative, have received the goods delivered in accordance with section 6.

8. Right of Withdrawal

EU Customers (Germany, Netherlands): Under EU Consumer Rights Directive 2011/83/EU, consumers have a 14-day right of withdrawal from the time of receiving the goods. This right can be exercised without giving any reason. To exercise the right of withdrawal, you must inform us of your decision by means of a clear statement.

UK Customers: Under UK Consumer Contracts Regulations, consumers have a 14-day right to cancel from the time of receiving the goods.

Norwegian Customers: Unless the contract is exempt from the right of withdrawal, the buyer may withdraw from the purchase of the goods in accordance with the Norwegian Right of Withdrawal Act.

Withdrawal Procedure

You must notify the seller of your use of the right of withdrawal within 14 days of receiving the goods. The withdrawal period is considered met if notification is sent before the expiry of the deadline. You bear the burden of proof that the right of withdrawal has been exercised, and notification should therefore be in writing (withdrawal form, email, or letter).

Exceptions to Right of Withdrawal

The right of withdrawal does not apply to:

• Goods made to the consumer's specifications or clearly personalized (custom 3D printed items)
• Goods that deteriorate rapidly or expire quickly
• Sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery

Return of Goods

When exercising the right of withdrawal, goods must be returned to the seller without undue delay and no later than 14 days from notification of withdrawal. The buyer covers the direct costs of returning the goods, unless otherwise agreed or the seller has failed to inform the buyer that they must cover return costs.

The seller is obligated to refund the purchase price to the buyer without undue delay, and no later than 14 days from when the seller received notification of the buyer's decision to use the right of withdrawal.

9. Delay and Non-Delivery - Buyer's Rights

If the seller does not deliver the goods or delivers them late according to the agreement between the parties, and this is not due to the buyer or circumstances on the buyer's side, the buyer may withhold the purchase price, demand performance, terminate the agreement, and/or demand compensation from the seller.

For claims regarding breach remedies, notification should be in writing for evidential purposes.

Performance

The buyer may maintain the purchase and demand performance from the seller. However, the buyer cannot demand performance if there is an obstacle the seller cannot overcome, or if performance would cause such great inconvenience or cost to the seller that it is substantially disproportionate to the buyer's interest in the seller performing.

Termination

If the seller does not deliver the goods at the delivery time, the buyer shall encourage the seller to deliver within a reasonable additional deadline for performance. If the seller does not deliver the goods within the additional deadline, the buyer may terminate the purchase.

Compensation

The buyer may claim compensation for losses suffered as a result of the delay. This does not apply if the seller proves that the delay is due to an obstacle beyond the seller's control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome.

10. Defects in Goods - Buyer's Rights and Complaint Deadlines

EU/UK Customers: Under EU and UK consumer protection laws, consumers have a minimum 2-year legal guarantee for conformity defects.

Norwegian Customers: If there is a defect in the goods, the buyer must within reasonable time after it was discovered or should have been discovered, notify the seller that they wish to invoke the defect. The buyer has always complained in time if it happens within 2 months from when the defect was discovered or should have been discovered. Complaints can be made at the latest two years after the buyer took over the goods.

If the goods have a defect and this is not due to the buyer or circumstances on the buyer's side, the buyer may withhold the purchase price, choose between repair and replacement, demand a price reduction, demand the agreement terminated, and/or claim compensation from the seller.

Repair or Replacement

The buyer may choose between demanding the defect repaired or delivery of equivalent goods. The seller may object to the buyer's demand if implementation of the demand is impossible or causes the seller unreasonable costs.

Price Reduction

The buyer may demand an appropriate price reduction if the goods are not repaired or replaced. This means that the relationship between the reduced and agreed price corresponds to the relationship between the item's value in defective and contractual condition.

Termination

If the goods are not repaired or replaced, the buyer may also terminate the purchase when the defect is not insignificant.

11. Order Cancellation

Before Production Begins: Buyers may cancel their order as long as production of the goods has not begun. Cancellation must be done via the website by clicking on your name in the menu at the top left corner (three lines), then scroll down until you find the order you want to cancel. Click on the order. If production has not started, there is a button there to cancel the order. Upon cancellation before production start, the full purchase amount is refunded without undue delay.

The seller will inform the buyer when production starts, and from this time the ordinary rules about right of withdrawal apply according to section 8.

Right to Refuse Orders: The seller reserves the right to refuse any order for any reason, including but not limited to concerns about product safety, technical feasibility, business capacity, or compliance with applicable laws. In the event that an order is refused, the full amount paid by the customer will be refunded without undue delay and without any additional charges to the customer.

12. Seller's Rights in Case of Buyer's Breach

If the buyer does not pay or fulfill other obligations under the agreement or law, and this is not due to the seller or circumstances on the seller's side, the seller may withhold the goods, demand performance of the agreement, demand the agreement terminated, and claim compensation from the buyer.

13. Guarantee

Guarantees given by the seller or producer give the buyer rights in addition to those the buyer already has under mandatory legislation. A guarantee therefore implies no limitations in the buyer's right to complaints and claims in case of delay or defects according to sections 9 and 10.

14. Personal Data

The controller for collected personal data is the seller. Unless the buyer consents to something else, the seller may, in accordance with personal data legislation (GDPR), only obtain and store the personal data necessary for the seller to be able to fulfill obligations under the agreement. The buyer's personal data will only be disclosed to others if necessary for the seller to implement the agreement with the buyer, or in cases determined by law.

15. Dispute Resolution

Complaints are directed to the seller within reasonable time, cf. sections 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is not successful:

EU Customers: May use the European Commission's Online Dispute Resolution platform: http://ec.europa.eu/odr or contact their national consumer protection authority.

UK Customers: May contact the UK consumer protection authorities or use alternative dispute resolution services.

Norwegian Customers: May contact the Norwegian Consumer Authority (Forbrukertilsynet) for mediation at telephone 23 400 600 or www.forbrukertilsynet.no.

16. Changes to Terms

The seller may change these terms and conditions when there is objective and factual reason, such as legally required changes, regulatory orders, or significant changes in costs or other circumstances beyond the seller's control.

For changes that significantly affect the buyer's rights or obligations, the buyer will receive written notice sent to their registered email address at least 30 days before the changes take effect. The notice will clearly describe the changes and their justification.

The buyer has the right to terminate the customer relationship without costs within 30 days after receiving notice of changes. During the termination period, the original terms apply. Changes do not affect already concluded agreements or ongoing orders.

17. Governing Language

Language Authority: These terms and conditions have been originally drafted in English. While they may be translated into other languages for convenience, the English version shall be the controlling and governing version in case of any discrepancies, inconsistencies, or conflicts with translated versions.

Any translation into other languages is provided solely for the convenience of non-English speaking customers and shall have no legal force or effect. In the event of any dispute regarding interpretation of these terms, the English language version will prevail and be used for all legal proceedings.

18. Applicable Law and Jurisdiction

For EU customers: This agreement is governed by the law of the buyer's country of residence for consumer contracts, in accordance with EU regulations.

For UK customers: This agreement is governed by UK consumer protection laws for consumer contracts.

For Norwegian customers: This agreement is governed by Norwegian law.

Last updated: 24.08.2025