Business sales terms

1 The parties

Seller and contracting party:

• RMX DRIFT AS, organisation number 931 140 574 MVA
• Wergelands vei 2, 3117 Tønsberg, Norway
• Trading as NorthSky Aviation Consultancy, organisation number 931 140 701, a registered business unit of RMX DRIFT AS
• Registered in Foretaksregisteret and registered for merverdiavgift (MVA, value added tax)
• Contact: post@northsky.no, +47 971 74448

The buyer is the organisation named at checkout. The person placing the order confirms that they are authorised to bind that organisation. Throughout these terms, “NorthSky” means RMX DRIFT AS trading under that name, and “the buyer” means the purchasing organisation.

2 Business purchase, and why consumer rules do not apply

At checkout the buyer confirms that the purchase is made for purposes relating to its business, profession, public function or other organisational activity, and not as a consumer.

Stated plainly: this is not a consumer purchase, so the consumer protection rules do not apply to it. That includes angrerett (the right of withdrawal) under angrerettloven, which applies to consumers and not to business buyers. The buyer has no right of withdrawal under these terms.

A buyer that is in fact a consumer resident in Norway should not order under these terms. NorthSky may treat an order as a consumer order, and apply the consumer terms to it, where the circumstances show that the buyer is a consumer.

3 What is sold

NorthSky sells digital content: documents and templates delivered as files by download. Nothing physical is shipped, and no service is performed as part of the purchase.

Each product page states what the product contains, the file formats supplied, and what the product does not do. Those statements form part of the agreement. Corrections issued within a major version are supplied free to a buyer holding an active update subscription at the time the correction is issued. A buyer with no active subscription receives corrections at NorthSky’s discretion rather than as an entitlement, except a correction that remedies a defect, which section 8 requires regardless of subscription status. A new major version is supplied at no further cost to a buyer holding an active update subscription at the date it is released, and is otherwise a separate purchase.

An optional annual update subscription may be bought alongside the product. It is a separate, recurring agreement, automatically renewing until cancelled, and it is not required in order to keep using the product. While it is running the buyer receives every version released in that period. If it lapses or is cancelled, the buyer keeps the version bought and every version released during a paid period; only later versions are withheld. A buyer who resubscribes pays for one year from that date and receives the then-current version, with no payment collected for the intervening period. A lapse costs updates and never access to files already bought.

4 Prices and merverdiavgift

Prices for business buyers are shown excluding merverdiavgift (MVA, value added tax). The MVA amount and the total payable are shown at checkout before the order is placed, and that displayed total is the amount charged.

The currency is determined by the buyer’s billing country: Norwegian kroner for buyers billed in Norway and euro for buyers billed elsewhere. It is not selectable at checkout. The kroner and euro lists are set separately and are not a conversion of one another.

The MVA treatment is:

• Buyers established in the Norwegian VAT area: 25 per cent MVA is added.
• Buyers established outside the Norwegian VAT area: 0 per cent MVA, as the sale of electronic services to a recipient outside the VAT area is exempt under merverdiavgiftsloven section 6-22. The exemption basis is stated on the invoice.

An organisation number or VAT number is required at checkout for any buyer outside Norway, and the order cannot be completed without it. The number is recorded with the order and appears on the invoice. NorthSky is not registered for the EU non-Union OSS scheme and does not account for VAT in any EU member state.

The buyer is responsible for the correctness of the organisation or VAT number it supplies, and for any reverse charge or self-assessment obligation in its own country. Where a number proves to be invalid, NorthSky may reissue the invoice with MVA added and charge the difference.

5 Order and payment

The agreement is binding when NorthSky receives the order and payment is authorised. NorthSky sends an order confirmation and an invoice document by email.

Payment is handled by Stripe as the only payment provider, and is by payment card. Vipps is not offered at present. Payment is taken in full at the time of the order.

NorthSky does not hold, store or process card data: card details are entered with the payment provider and are never transmitted to or stored on NorthSky systems.

Invoicing on account, including invoicing against a purchase order or through a public-sector invoicing channel, is not yet available. Public-sector buyers that require it should contact post@northsky.no before ordering. NorthSky will state whether it can accommodate the request; until the capability exists, the answer is no.

Accounting records are retained for five years under bokføringsloven (the Bookkeeping Act).

6 Delivery

Delivery is by email. After payment, NorthSky sends a download link to the email address given at checkout.

• The link is valid for 30 days from the date of the order.
• The link allows five downloads.
• If the link expires, is used up, or fails, NorthSky reissues it free of charge on request to post@northsky.no.

Delivery is treated as made when the download link has been sent to the address given at checkout. The buyer is responsible for giving a correct address and for being able to receive mail from NorthSky.

7 No right of return

Once the download has been made available to the buyer, there is no right of return and no right to cancel the purchase. This applies whether or not the buyer has in fact downloaded the files.

Section 8 applies where the product is defective.

8 Defects and remedies

The buyer must examine the delivery when it is received and notify NorthSky of any defect at post@northsky.no without undue delay after the defect was discovered or ought to have been discovered, with the order reference and a description of the problem.

Where a notified defect is established, NorthSky’s remedy is one of the following, at NorthSky’s election:

• correction of the product,
• reissue of the corrected product, or
• refund of the price paid.

These are the buyer’s only remedies for a defect. The buyer has no right to a price reduction, to damages beyond section 9, or to specific performance beyond the remedies listed above.

A change of requirement, a change of mind, or a finding that the product does not suit a purpose the buyer did not state is not a defect, and the buyer has no right to a refund on that basis. NorthSky’s practice is nevertheless to consider a refund readily where a business buyer asks for one shortly after purchase and has not relied on the product in delivered client work. This is a stated practice, not a contractual entitlement, and NorthSky may decline it, including where the files have already been used in the buyer’s own operations or client deliverables.

9 Liability

NorthSky’s total liability under or in connection with the agreement is capped at the price paid for the product that the claim relates to.

NorthSky is not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of or damage to data, business interruption, or claims made against the buyer by a third party.

Nothing in these terms excludes or limits liability for gross negligence or intent, which Norwegian law does not permit to be excluded, or for anything else that cannot lawfully be limited.

The products are decision support and advisory documents. The buyer remains responsible for how they are used, for any decision taken on the basis of them, and for any submission made to an authority.

10 Confidentiality

Each party keeps confidential any non-public information it receives from the other in connection with the agreement, uses it only for the purposes of the agreement, and does not disclose it to third parties without consent. The obligation does not apply to information that is public, was already lawfully held, or must be disclosed by law, and it continues for three years after the last delivery.

Public-sector buyers remain subject to their own disclosure obligations, and nothing here prevents compliance with them.

11 The licence

A purchase grants a licence to use the product. It does not transfer ownership of the work or any copyright in it. NorthSky retains copyright. The buyer owns its own data and any document it produces using the product.

The licence terms, including internal use by the purchasing organisation and the limits on redistribution, resale, publication, use as AI training data and use in the buyer’s own client deliverables, are set out in the standard single-organisation licence and form part of the agreement. Enterprise and single-user variants exist and are agreed in writing where they apply.

12 Personal data

NorthSky processes the name, email address, country and organisation or VAT number given at checkout, together with the payment provider’s transaction reference, to complete the order, deliver the product, answer support requests and meet its accounting obligations. The processing and the retention periods are described in the privacy notice.

13 Governing law and venue

These terms are governed by Norwegian law. Vestfold tingrett is agreed as the venue for any dispute arising out of or in connection with them. The parties will attempt to resolve a dispute by discussion before commencing proceedings.

14 Limitation of the product’s standing

NorthSky provides operational risk decision support and advisory guidance. Outputs do not constitute regulatory certification, aerodrome licensing, compliance verification, or formal authority determinations.

Sources

• Angrerettloven, LOV-2014-06-20-27 – https://lovdata.no/lov/2014-06-20-27
• Ehandelsloven, LOV-2003-05-23-35 – https://lovdata.no/dokument/NL/lov/2003-05-23-35
• Merverdiavgiftshåndboken, section 6-22 third paragraph, electronic services – https://www.skatteetaten.no/rettskilder/type/handboker/merverdiavgiftshandboken/2022/M-6/M-6-22/M-6-22.5/
• Enhetsregisteret, RMX DRIFT AS – https://data.brreg.no/enhetsregisteret/api/enheter/931140574
• Stripe, payment method support by country and currency – https://docs.stripe.com/payments/payment-methods/payment-method-support