Terms of service

AEROGAIN – TERMS OF SERVICE

Last updated: 1/12/2025

1. Overview

Welcome to Aerogain ApS/Visti Graae Racing ApS (“Aerogain”, “we”, “us”, or “our”).
These Terms of Service (“Terms”) govern all sales and use of our website https://aerogain.fr (the “Site”) and related services (collectively, the “Services”).

By visiting or purchasing from our Site, you agree to these Terms and our Privacy Policy and Refund Policy. If you do not agree, please do not use our Services.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products to you.

2. Orders

Your order includes only the items listed in your order confirmation.
Please review your confirmation carefully and contact us immediately if any details are incorrect.

All products remain the property of Aerogain until full payment has been received.
We reserve the right to refuse or cancel any order for any reason, including errors in pricing, payment, or suspected fraud.

You may not copy, reproduce, reverse-engineer, or provide our products to third parties for duplication or imitation.

3. Prices and Payment

  • Prices are shown in EUR, or local currencies
  • Prices include VAT in the EU only. Outside the EU, VAT and import duties may apply, and are the sole responsibility of the buyer.
  • We reserve the right to correct pricing errors or adjust prices at any time.
  • Payment must be completed before shipment using the available methods at checkout.

4. Delivery

  • Delivery times are estimates only. We are not liable for delays caused by couriers, customs, or events beyond our control.
  • Risk passes to you once the goods are handed to the carrier.

5. Returns and Withdrawal

Consumers may withdraw from a purchase within 14 days of receiving the product.
Returned items must be unused and in their original packaging.
The customer pays return shipping costs.
The right of withdrawal does not apply to customized or made-to-order products, including individually fitted or personalized components.

For return instructions, see our Refund Policy.

6. Warranty and Claims

  • Consumers have a 24-month warranty for manufacturing defects.
  • Business customers (B2B) have a 12-month warranty, unless otherwise agreed in writing.
  • The warranty does not cover:
    • Improper installation or misuse,
    • Modifications or alterations,
    • Normal wear and tear,
    • Insufficient maintenance or cleaning,
    • Use inconsistent with intended purpose.

Claims must be made in writing, with photos and order reference. Aerogain may, at its discretion, repair, replace, or refund the defective product.

7. Liability

  • Aerogain cannot be held liable for damages, defects, injuries, or losses arising from:
    • Improper installation or use,
    • Failure to follow installation or maintenance instructions,
    • Product unsuitability for a customer’s specific purpose,
    • Combination with non-Aerogain components.
  • We strongly recommend that installation be performed by a qualified bicycle mechanic.
  • Maximum liability for any claim shall never exceed the amount paid for the product.
  • We are not liable for indirect, consequential, or incidental damages, including lost profits, business interruption, or property damage.
  • Nothing in these Terms excludes liability for death or personal injury resulting from gross negligence or intentional misconduct.

8. Product Liability

Aerogain’s product liability is limited to that required under the Danish Product Liability Act.
We are not responsible for losses arising from improper or unsafe use, or for damages to property other than the delivered product itself.

9. Force Majeure

Aerogain shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to: war, strikes, government restrictions, fire, epidemics, cyberattacks, supply chain disruptions, or extreme weather.
In such cases, delivery may be postponed until normal conditions resume. If the delay exceeds 8 weeks, either party may cancel the order without liability.

10. Shopify and Third-Party Services

Our store is powered by Shopify Inc., which processes data and enables our checkout system.
Shopify may collect and process certain personal data as described in Shopify’s Privacy Policy.
We are not responsible for the content or accuracy of third-party sites or services linked from our Site.

11. Privacy and Data Protection

We collect and store only the personal data necessary to process your order and communicate with you.
Data is stored securely and not shared with third parties for marketing purposes without your consent.
See our Privacy Policy for details on data handling, cookies, and communication preferences.

12. Intellectual Property

All designs, images, texts, logos, and product information on this Site are the property of Aerogain or its licensors.
You may not reproduce or distribute any content without our prior written permission.

13. Disclaimer of Warranties

All products and services are provided “as is” and “as available” without any warranties, express or implied, except as explicitly stated in these Terms.
We do not guarantee that the Site or Services will be uninterrupted or error-free.

14. Indemnification

You agree to indemnify and hold harmless Aerogain, Shopify, and their respective affiliates, officers, and employees from any claims or damages arising from your violation of these Terms or misuse of our products.

15. Governing Law and Jurisdiction

These Terms are governed by Danish law, excluding conflict-of-law principles and the UN Convention on Contracts for the International Sale of Goods (CISG).
Any dispute shall be brought before the City Court of Copenhagen, Denmark.
EU consumers may also use the EU Online Dispute Resolution platform at https://ec.europa.eu/odr.

16. Changes to Terms

We reserve the right to modify these Terms at any time.
The version published on our website at the time of purchase applies to your order.
Material changes will be communicated where legally required.

17. Contact

Aerogain ApS/Visti Graae Racing ApS
Marielundvej 30, 1, 2730 Herlev, Denmark

CVR: DK42777331
Email: info@aero-gain.com
Website: https://aero-gain.com