Terms of service

 

These general terms and conditions for purchase (“Terms”) apply to all purchases of products and accessories made by Consumers (any reference in the Terms to “Buyer”, “Customer”, “you”, and/or “your” is a reference to Consumer) through Auk’s website at www.auk.com (“Website”).

Auk reserves the right to change these terms and conditions at any time. Changes will not affect purchases already made and accepted by Auk. Any such changes will take effect when posted on the Website.

 

1. Description of product(s) and accessories

Auk develops and sells the following Product(s) and accessories.

Auk 1 and Auk Mini. 

The Auk 1 and Auk Mini (“Product(s)”) are described and portrayed on the Website.

Accessories for Auk 

Accessories are described and portrayed on the Website.

The combination of Product(s), accessories and/or subscription services in an Order is always subject to availability and Auk may, in its sole discretion, choose to offer the Product(s), accessories and subscriptions both separately and in predetermined bundles on the Website.

 2. Order process (contract formation)

These Terms, together with the Order Confirmation, form the Contract between the Customer and Auk and govern the purchase of Product(s) and/or accessories. The Customer is presented with these Terms prior to placing the order, both in the Website Checkout and the Express Checkout provided by PayPal or Apple Pay. The Customer acknowledges and agrees to have read and understood these Terms before placing an Order, and that it enters into a binding agreement with Auk when clicking the button “Place Order” in the Checkout.

The presentation of Product(s) and/or accessories in the Website does not constitute any binding offer by Auk for a purchase contract. By clicking the button “Place Order” in the Checkout the Customer places a binding offer for a purchase contract with Auk (“Order”). The Customer will be able to view the details input and correct any mistakes in the information provided before submitting an Order.

On receipt of the Order, Auk will send the Customer an e-mail confirming receipt of the Order and stating the details of the Order (“Confirmation of Receipt”). Please note that the Confirmation of Receipt does not constitute a declaration of acceptance of the Customer’s contractual offer but serves for information purposes only. All Orders are subject to acceptance by Auk at its discretion. If Auk refuses to accept an Order, it shall inform the Customer of such refusal by e-mail within two month after the order was submitted. If the Order is refused, Auk is not responsible for any loss or delay arising out of such refusal. Auk will accept the Order either by sending an acceptance notice or by dispatching the Product(s) and accessories ordered.

Regardless of the foregoing, an agreement will not be binding on either party if the offer from Auk provided to the Customer in the ordering process or the Customer’s Order contains a typing error, and the other party knew or should have known that such error existed. An agreement will not be binding on Auk if the Customer has provided incorrect payment or delivery information.

Auk stores the Customer’s Order data. If the Customer wishes to print his/her Order, the Customer may do so by printing out an "acknowledgment of receipt". It will appear on the screen once the Customer has submitted the Order to Auk by clicking the "Place Order" button. In addition, the Customer receives a Confirmation of Receipt (see above), which can be printed.

You may also request a copy of the Terms applicable to your Purchase by contacting Auk via email.

For the avoidance of doubt, any subscription is subject to its own terms and separate from this Contract.

 3. Price and payment terms

The price per unit of the Product and accessories is displayed on the Website. The total purchase price for the Product(s) and/or accessories is displayed on the Website Checkout.

The Product(s) and/or accessories are paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in local currency, USD ($) or EUR (€), and where applicable include customs duties and value-added tax. 

100% of the purchase price is charged when the Customer clicks the Place Order button, unless otherwise stated. This also applies to products that are under "pre-order" as stated on the proucct page. For pre-order orders, the Customer has the right to cancel the order before the item is received, and get the full purchase price refunded. When doing so, the Customer will loose their spot in the production que.

Please note, depending on the place of dispatch included in your order confirmation, the following will apply for customs treatment of your order:

When the products are shipped from the EU, Auk pays customs duties and import VAT as applicable, and the Customer is not party to the customs declaration.

Delivery cost depends on the shipping option chosen by the Customer and is added to the total amount due in the Checkout. 

Auk is not responsible for any fees that your bank or payment provider may charge you for the use of your credit card or payment method. After the order is placed and payment provided, a confirmation that the Purchase is completed will be sent to the e-mail address provided by the Customer in the ordering process.

 

4. Delivery

The Product(s) and/or accessories are shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process, or the default option provided by Auk. The cost of shipping is detailed in the ordering process. 

The estimated delivery date for the Customer’s order will be stated in the ordering process on the Website, such as on the Product page. If not stated, the shipment date will be within 14 days. Please note that stated delivery dates are estimates only, and the Customer acknowledges that changes and/or delays to the estimated dispatch and delivery date may occur. This also applied to any pre-order orders. Auk will keep you duly noted of any changes impacting the delivery of your ordered Product(s) via email. Auk shall not be held liable for delays in the estimated delivery date for any order or pre-order. 

The Product(s) and/or accessories will be delivered to the delivery address specified in “Shipping Information” on the Website Checkout or provided through other payment profiles, e.g. PayPal, Klarna or Apple Pay. The Customer is responsible for providing the correct address in the ordering process, this address cannot be a PO Box or similar. Auk shall not be liable for any loss resulting from the Customer’s failure to provide the correct delivery address.

Upon acceptance of Auk’s logistics partner’s terms, the Customer may choose, among other alternatives, to update their address, make changes in the delivery method and time of delivery directly with our logistics partner. Auk is not liable for the Customer’s failure to comply with our logistics partner’s terms.

Delivery has occurred when the Customer, or their representative, has taken possession of the Product(s) and/or accessories, in accordance with the chosen shipping option. If the Product(s) is not collected or received on time or at first attempt of delivery, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product(s) constitutes a breach of contract by the Customer.

The failure to take possession of shipped Product(s) constitutes a breach of contract by the Customer. Auk reserves the right to charge the Customer for extra shipment, storage and handling costs due to Customer’s failure to (i) collect the Product(s) and/or accessories in time or (ii) contribute as needed for the delivery to occur.

 

5. Cancellation

Once the Customer has ordered the Product(s), Auk strives to deliver as soon as possible and in accordance with the stated estimated delivery date (see section 4).

Auk also reserves the right to cancel your Order before the order is dispatched at Auk’s own discretion. In the event of such cancellation, Auk will refund the full purchase price.

For customers in the EUU/EEA/UK, Auk reserves the right to cancel an order for legitimate reasons, including (but not limited to) stock unavailability, manifest pricing errors, technical errors, or suspected fraud. In such cases, Auk will promptly refund all amounts paid by the Customer. This also applies to pre-ordered products.

Other than as permitted by law, nothing in this clause shall be construed to exclude, limit or suspend other mandatory rights you may have under local consumer protection laws and regulations.

 

6. The right of withdrawal

6.1 Right of withdrawal, returns and refunds for customers from EU/EEA/UK 

You may withdraw from this Contract within 100 days after delivery (the "Withdrawal Period"), subject to the conditions in this clause.

You are not required to provide any reason for the withdrawal. All ordered and delivered Product(s), accessories and original content must be returned. If, on return to us, it is determined that the Product(s) or accessories (i) are damaged, (ii) have been subject to unauthorized modification, and/or (iii) are missing components, an amount equal to the estimated loss in value may, at Auk’s sole discretion, be deducted from your refund. Damage covered by an applicable Limited Warranty is not subject to such reduction.

If the Customer wishes to withdraw from the Contract, the Customer must notify Auk by e-mail to hello@auk.com or by any other unequivocal statement within the Withdrawal Period. You may use the Model Withdrawal Form (Annex I(B) to Directive 2011/83/EU), but this is not obligatory.  Auk will send confirmation of received notice via e-mail without undue delay and the Customer will then receive further return instructions. The Customer is recommended to complete the return steps as requested by Auk, which will be provided by e-mail. After the Customer has notified Auk of its intent to return, all Product(s) and/or accessories must be sent back within 14 days. The Customer must cover the cost of shipping and handling of the return.

Auk will issue a refund no later than 14 days from the day you notify us of your withdrawal. However, we may withhold the refund until we have received the goods back, or until you have provided sufficient and verifiable evidence that the goods have been sent back, whichever occurs first. If the goods are not returned, or if the evidence provided is false, misleading, or otherwise insufficient, the right to a refund will lapse.

Any request to withdraw from the Contract received after the Withdrawal Period is automatically rejected and will not qualify for a refund.

Refunds include the cost of the original standard delivery (if any) of the original shipment. If you chose a more expensive delivery option, we will only refund the cost of the least expensive standard delivery offered. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. Refunds under this clause are made using the same method originally used by you to pay for your purchase.

Nothing in this clause shall be construed to exclude, limit or suspend additional rights of withdrawal you may have under local and mandatory consumer protection laws and regulations. You may exercise such rights by contacting us via email hello@auk.com

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6.2 Right of withdrawal, returns and refunds for customers outside the EU/EEA/UK

You may withdraw from this Contract within the 100 days after delivery (the "Withdrawal Period") at the point of purchase, subject to the conditions in this clause.

You are not required to provide any reason for the withdrawal, however, all ordered and delivered Product(s) and accessories must be included in your return and be in undamaged conditions to be eligible for a full refund. If, on return to us, it is determined that the Product(s) and accessories (i) are damaged, (ii) been subject to unauthorized modification, and/or (iii) are missing components, an amount equal to the estimated value loss, or a complete value loss, may at Auk’s sole discretion be deducted from the amount of Customer’s refund. Damage covered by an applicable Limited Warranty is not subject to such reduction.

If the Customer wishes to withdraw from the Contract, the Customer must notify Auk by e-mail to hello@auk.com within the Withdrawal Period. Auk will send confirmation of received notice via e-mail without undue delay and the Customer will then receive further return instructions. The Customer must follow the return steps as requested by Auk, which will be provided by e-mail, in order to qualify for a full refund. After the Customer has notified Auk of its intent to return, all Product(s) and/or accessories must be sent back within 14 days in order to be eligible for a full refund. The Customer must cover the cost of shipping and handling of the return.

Auk will withhold the refund until the good have been received and inspected by Auk, without undue delay. If the goods are not returned, or otherwise the content of the return does not match the original content, the right to a refund will lapse.

Any request to withdraw from the Contract received after the Withdrawal Period is automatically rejected and will not qualify for a refund.

If the Customer received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. Refunds under this clause are made using the same method originally used by you to pay for your purchase

Nothing in this clause shall be construed to exclude, limit or suspend additional rights of withdrawal you may have under local and mandatory consumer protection laws and regulations. You may exercise such rights by contacting us via email hello@auk.com.

7. Limited warranty

Auk warrants that each Product will be free from material and workmanship defects under normal use in accordance with Auk’s published user manuals and safety information. Auk reserves the right to reject any warranty claim from persons failing to provide valid proof of a qualifying purchase from Auk.

To make a warranty claim, the Customer must within a reasonable time from the date on which they discovered, or should have discovered, a defect, notify Auk’ Support via email. The Customer must also include a description of the defect. However, warranty claims must be made no later than three years after the Customer took possession of the Product(s). Auk will, upon receiving a warranty claim, revert with further information, hereunder the applicable process for determining whether the defect is covered by the limited warranty.

If Auk finds that the defect is covered by the limited warranty of this clause 7, Auk may at its own discretion, and depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement, at no cost to the Customer. At Auk’s sole discretion, refurbished, recycled or otherwise previously used Product(s) may be used as replacements. Auk warrants that the repairs will be performed in a competent and workmanlike manner and that all parts used to repair or replace your Product will be free from defects in materials and workmanship for a period of ninety (90) days.

Auk may, at its discretion, offer a partial or full refund for the defective Product(s).

There is no warranty for Product(s) and/or accessories that have been (i) modified, altered, or adapted without Auk’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the User Guide or reasonable normal care, (iii) used with third party equipment and/or software not provided nor approved by Auk, to the extent the problem is attributable to such use, (iv) relocated, to the extent that defect is attributable to the relocation, or (v) repaired by unauthorized third party. The limited warranty is not extended to defects caused by wear and tear.

If any Product(s) and/or accessories you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you in addition to this limited warranty, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address, and order reference.

Auk does not take any responsibility for damage that use of the product may incur on other properties, herein in furniture, floors, walls or other personal properties owned by the Customer. This includes damage caused by water or water leakage, physical tear down or marks on furniture and similar.  The Customer bears sole responsibility for properly placing and using the product in a safe environment, and otherwise using it in a responsible fashion.

Nothing in this clause affects your legal rights under mandatory consumer legislation, which applies in addition to the warranty. You must notify Auk of defects claims within reasonable time after the consumer discovered or ought to have discovered the defect, but no later than two years after you took possession of the relevant product. For products or parts of products that are meant to last substantially longer with normal use, the deadline for notifying the seller of defects is five years from the consumer took possession of the relevant product.

 

8. End-user customers only

Auk sells and ships Product(s) and/or accessories to end-user Customers only. The Customer may not purchase Product(s) and/or accessories from Auk for resale, and Auk reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product(s) and/or accessories are not being purchased for end use. Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product(s) and/or accessories by resale or otherwise from the Customer or other third parties.

 

9. Seller’s right in the event of default and/or breach by the customer

In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., Auk will retain the goods until payment is completed.

Auk may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

In the event that a Customer receives the Product(s) and/or accessories before payment has occurred, Auk may maintain the purchase and require the Customer to pay the purchase price. If the Customer does not pay the purchase price pursuant to the agreement, Auk may claim interest on the purchase price pursuant to the Act relating to Interest on Overdue Payments. In the case of non-payment, the claim may be sent to a debt collection entity, subject to prior notice to the Customer. The Customer can then be liable for a fee pursuant to the Debt Collection Act.

Auk may also claim compensation for any direct loss Auk suffers as a result of a breach on the part of the Customer.

 

10. Miscellaneous

You may not transfer or assign any or all of your rights or obligations under any Contract.

All notices given by you to us must be given in writing via email to hello@auk.com. This does not apply to the exercise of the right of withdrawal, which may be made by any unequivocal statement as set out in Clause 6.1. We may give notice to you at either the email or postal address you provide to us when placing an order.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

These terms may not be varied except with our express written consent.

Auk reserves the right to change these terms and conditions at any time prior to purchase. Any such changes will take effect when posted on www.auk.com

 

11. Personal data

Auk is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product(s) and/or accessories.

Further information on personal data processing by Auk is available in Auk’s Privacy Policy.

 

12. Complaints, dispute resolution and applicable law

These Terms and the purchase of the Product(s) and/or accessories shall be governed by and construed in accordance with the laws of Norway.

If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product(s) and/or accessories, Auk’s Support may be reached through email or at support.auk.com.

If a Customer wishes to obtain an additional copy of the Terms that the customer has accepted, Auk will submit this to the Customer upon request.

The customer may further submit a complaint to the Norwegian Consumer Council. For more information, please see forbrukerradet.no.

The customer may also raise a claim for the ordinary Norwegian courts.

Alternatively, you also have a right to raise a dispute via the European Online Dispute Resolution platform. Information about alternative dispute resolution which may be of interest can be accessed at https://ec.europa.eu/consumers/odr.

13. Contact

The seller and supplier of the Product(s) and accessories is Auk Eco AS, incorporated in Norway and registered in the Register of Business Enterprises in Norway. 

Contact information:
Email: hello@auk.com
Adress: Torggata 33, 0368 Oslo, Norway