Salgsbetingelser for forbrukere (consumer sales terms)

1 The parties and identification

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 person named at checkout. Only a person aged 18 or over may place an order. Throughout these terms, “NorthSky” means RMX DRIFT AS trading under that name.

The identification and contact details above are given to satisfy the information duties that apply to online trade under ehandelsloven and angrerettloven.

2 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. Where a product page and these terms conflict on what is delivered, the product page governs the content of the delivery and these terms govern the rest of the relationship.

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 and it is not required in order to keep using the product. What the buyer keeps if it lapses is set out in section 3a.

3 Prices and merverdiavgift

Prices shown to consumers include 25 per cent merverdiavgift (MVA, value added tax). The total payable, including MVA, is shown before the order is placed, and that displayed figure is the amount charged. No charge is added after the order is confirmed.

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

NorthSky sells to consumers resident in Norway only. Consumers outside Norway are not sold to. The shop does sell to business and public-sector buyers abroad, under the separate business terms. An order that appears to be a consumer order from outside Norway may be declined and refunded.

3a The update subscription

The update subscription is optional, annual and automatically renewing until cancelled. It may be cancelled at any time, and cancellation takes effect at the end of the period already paid for. NorthSky emails the buyer at least 30 days before each renewal payment is taken, with the date, the amount and how to cancel.

1. While it is running, the buyer receives every version of the product released in that period, including a new major version.
2. If it lapses or is cancelled, the buyer keeps the version originally bought and every version released during a period that was paid for. Those remain downloadable. Only versions released afterwards are withheld. A lapse costs updates and never access to files already bought.
3. A buyer who resubscribes later pays for one year from that date and receives the version current at that date. No payment is collected for the intervening period.
4. Where a renewal payment fails, the subscription is not treated as ended while the payment is retried, and updates continue during that retry window.

The 30-day money-back right in section 7 applies to the update subscription in the same way as to the product itself: a consumer who cancels and asks within 30 days of a payment gets that payment back.

4 Order and contract formation

The order process is: select the product, enter the required details, give the two confirmations described in section 7, and pay. The buyer can review and correct the order details on the final screen before payment.

The agreement is binding when NorthSky receives the order and payment is authorised. NorthSky sends an order confirmation by email without undue delay. The order confirmation includes these terms, the order details, and a record of the two confirmations given at checkout.

If the order confirmation contains an error, the buyer should contact NorthSky at post@northsky.no as soon as possible. An obvious pricing or product error that the buyer ought to have noticed does not bind NorthSky.

5 Payment

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.

The personal data NorthSky holds about a consumer order is limited to the name, email address and country given at checkout, together with the payment provider’s transaction reference. 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 email address and for being able to receive mail from NorthSky. If the confirmation has not arrived within a few hours, the buyer should check spam filtering and then contact NorthSky.

7 Angrerett

Angrerett (the right of withdrawal) under angrerettloven is normally 14 days from the day the agreement is entered into for a purchase of digital content.

The angrerett is lost for digital content where delivery has begun with the consumer’s express prior consent, and where the consumer has acknowledged that the angrerett is lost once delivery begins. Because NorthSky delivers immediately, both of the following confirmations are mandatory at checkout, and an order cannot be completed without them:

1. Express consent to delivery of the digital content beginning at once, before the 14-day withdrawal period has expired.
2. Acknowledgement that the angrerett is thereby lost.

The two confirmations are separate from acceptance of these terms, and neither is ticked in advance. The consumer receives these terms and a written confirmation of both confirmations by email with the order confirmation, on a durable medium.

Where a consumer has given both confirmations, there is no right to withdraw from the purchase. A consumer who has not yet received the download link, and who has for some reason not given both confirmations, may withdraw within 14 days by contacting post@northsky.no. The standard withdrawal form published by Forbrukertilsynet may be used, but any clear statement is sufficient.

Losing the angrerett does not affect the rights in section 8, which apply to a product that is defective.

### NorthSky’s money-back right

Whatever the position on angrerett, NorthSky gives every consumer its own money-back right, which is longer and simpler than the statutory right and which the consumer can enforce as a term of the contract:

1. For 30 days from the day the agreement is entered into, the consumer may ask for a full refund of the price paid, including merverdiavgift.
2. Where a course certificate has been issued for the purchase, the money-back right is limited accordingly and does not apply to that purchase.
3. It covers the product and, where one was bought, the update subscription. For the subscription it also applies to each renewal payment, measured from the day that payment was taken.
4. The request is made by email to post@northsky.no with the order reference. Any clear statement is sufficient.
5. When a refund is made, the licence for that purchase ends, and the consumer is asked to stop using the files and to delete them. The refund is not made conditional on proof that this has been done.

This right is in addition to, and never instead of, the consumer’s statutory rights, including those in section 8. Where a statutory right gives the consumer more, the statutory right applies.

8 Reklamasjon and defects

A consumer has statutory rights under the Norwegian rules on digital ytelser (digital performances) to consumers. These terms do not limit those rights.

A product is defective if it does not correspond to what was agreed, to what the product page states, or to what the consumer could reasonably expect of digital content of that kind. A file that will not open, a delivery missing a stated component, or content that does not match the described scope is a defect.

Reklamasjon (a complaint over a defect) must be made within a reasonable time after the consumer discovered or ought to have discovered the defect. For a product bought once, NorthSky is responsible for a defect that shows within two years of delivery. For the update subscription, which is delivered continuously, NorthSky is responsible for a defect that shows while the subscription runs. Complaints go to post@northsky.no with the order reference and a description of the problem.

The remedy is correction and a free reissue of the corrected product. Where correction is not possible, NorthSky refunds the price paid. A refund is made to the original payment method.

A change of mind is not a defect. A consumer who has changed their mind has the money-back right in section 7, which does not require a defect.

9 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 what use is and is not permitted, are set out in the standard single-organisation licence and form part of the agreement.

10 Personal data

NorthSky processes the personal data described in section 5 to complete the order, deliver the product, answer support requests, and meet its accounting obligations. The processing, the retention periods and the consumer’s rights are described in the privacy notice.

11 Complaints and dispute resolution

A consumer with a complaint should contact NorthSky first, at post@northsky.no. NorthSky aims to resolve the matter directly.

If the matter is not resolved, the consumer may bring it to Forbrukerrådet (the Norwegian Consumer Council) for mediation, and Forbrukertilsynet (the Norwegian Consumer Authority) supervises the information duties and standard terms that apply to online trade.

These terms are governed by Norwegian law. Vestfold tingrett is agreed as the venue for any dispute. The consumer’s mandatory statutory rights are unaffected by these terms, including the right to bring a case before the courts of the consumer’s own home venue where the law gives that right. Where any provision of these terms conflicts with a mandatory rule protecting consumers, the mandatory rule applies.

12 Limitation of the product’s standing

The products sold under these terms are decision support and advisory documents. They carry no regulatory standing of any kind.

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

Responsibility for any decision taken, and for any submission made to an authority, remains with the buyer.

Sources

• Angrerettloven, LOV-2014-06-20-27 – https://lovdata.no/lov/2014-06-20-27
• Digitalytelsesloven, LOV-2022-06-17-56 – https://lovdata.no/dokument/NL/lov/2022-06-17-56
• Ehandelsloven, LOV-2003-05-23-35 – https://lovdata.no/dokument/NL/lov/2003-05-23-35
• Forbrukertilsynet, information duties in online trade – https://www.forbrukertilsynet.no/vi-jobber-med/netthandel/hvilke-opplysninger-har-forbrukerne-krav-pa-nar-de-handler-ting-pa-internett
• Forbrukertilsynet, standard consumer sales terms – https://www.forbrukertilsynet.no/lov-og-rett/veiledninger-og-retningslinjer/veiledning-standard-salgsbetingelser-forbrukerkjop-varer-internett
• 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