Terms of service

Company details

Seller / data controller: LEVELUPSPORTS, trading as AVALAIR

Chamber of Commerce (KvK): 93358814

VAT ID: NL005019246B50

Email: info@avalair.store

Website: www.avalair.store

Return address: Please send an e-mail to info@avalair.store

1. About these Terms

These General Terms and Conditions (“Terms”) apply to retail purchases made directly from the AVALAIR website, online store and any other consumer sales channel that expressly incorporates these Terms. By placing an order, you confirm that you have had an opportunity to read and save these Terms before purchasing.

These Terms are intended primarily for consumers. Wholesale, distributor, retailer and other business-to-business orders should be governed by separate written B2B or wholesale terms, a purchase order, distribution agreement or other written agreement.

Nothing in these Terms excludes or limits rights that cannot legally be excluded or limited. If mandatory consumer law in your country of habitual residence gives you greater protection, that protection remains available to you.

2. Products and product information

We aim to describe AVALAIR products accurately. Images, colours and on-screen appearance may vary slightly depending on lighting, display settings and normal manufacturing tolerances. Dimensions and weights shown on the website are approximate unless expressly stated to be exact.

For travel products, airline cabin-baggage acceptance is never guaranteed. Airline size, weight, battery and carriage rules differ by carrier, aircraft, route and fare and can change without notice. You are responsible for checking the current rules that apply to your journey before travelling.

Where a product includes a battery-powered accessory, such as a pump, you must follow all product instructions and the applicable airline, security and dangerous-goods rules. If the website or product documentation contains specific safety instructions, those instructions form part of the product information.

We may improve or update products over time. A material change to an order already placed will not be made without informing you and, where required, obtaining your agreement or giving you an appropriate cancellation/refund option.

3. Eligibility, accounts and accurate information

You must have legal capacity to enter into the purchase contract. If you create an account, you are responsible for keeping your login details secure and for notifying us if you suspect unauthorised access.

You must provide complete and accurate order, payment and delivery information. If you notice an error in your delivery address, contact us immediately. We will try to correct it before dispatch, but once an order has entered fulfilment this may no longer be possible.

4. Ordering and contract formation

The products in our store are an invitation to place an order. By submitting an order through a checkout button that clearly indicates an obligation to pay, you make an offer to purchase the selected products at the displayed price and on these Terms.

We will promptly send an electronic acknowledgement of your order. The purchase contract is concluded when we send an order confirmation accepting the order, unless mandatory law provides otherwise. A payment authorisation or automated technical acknowledgement does not by itself require us to accept an order.

We may refuse or cancel an order before acceptance for legitimate reasons, including genuine stock unavailability, an obvious pricing or description error, suspected fraud or misuse, legal or sanctions restrictions, or an inability to deliver to the destination. If we cancel after receiving payment, we will refund the affected amount without undue delay.

An obvious error is not binding where you knew, or reasonably should have known, that the displayed price or information was a mistake. This does not allow us to cancel merely because we later wish we had charged more.

5. Prices, taxes, duties and currency

For consumers in the European Union, prices are displayed including applicable VAT and mandatory charges where required by law. Shipping charges and any other unavoidable charges that can be calculated in advance are shown before you submit the order.

For international destinations, checkout will indicate, where practicable, whether import duties and taxes are prepaid by us or may be collected from you by customs or the carrier. If a charge cannot reasonably be calculated in advance, we will explain that additional charges may apply before you order. We will not make a consumer responsible for undisclosed charges where the law requires us to disclose or include them.

Where prices are displayed in multiple currencies, the transaction currency and final amount payable are those shown at checkout. Your bank or payment provider may apply its own exchange rate or fee.

Any advertised price reduction will be communicated in accordance with applicable prior-price and consumer-protection rules.

6. Payment

Available payment methods are displayed at checkout. Payment is processed by Shopify and/or third-party payment providers. You confirm that you are authorised to use the selected payment method. We may perform or request fraud and security checks where proportionate and lawful.

Nothing in these Terms limits statutory rights you may have against your card issuer or payment provider, including legally available chargeback or payment-dispute rights.

7. Pre-orders and limited releases

If a product is sold as a pre-order, the product page or checkout will identify it as such and state the best available estimated dispatch or delivery timing. Estimates can change for genuine production or logistics reasons. If there is a material delay, we will inform you and provide the remedies required by applicable consumer law. Unless expressly stated otherwise, you may ask to cancel a pre-order before dispatch and receive a refund.

8. Shipping and delivery

Delivery methods, prices and estimated delivery windows are shown at checkout or on the relevant shipping page. Delivery estimates are not guarantees unless we expressly agree a guaranteed date.

For EU consumer orders, if no different delivery period has been agreed, we will deliver without undue delay and no later than the period required by applicable law. If we fail to deliver on time, you retain all rights available under mandatory consumer law, including the right to set an appropriate additional period where required and, in qualifying cases, cancel for non-delivery.

We remain responsible for the risk of loss of or damage to goods until you, or a third party designated by you other than the carrier, take physical possession of the goods. The exception is where you independently appoint a carrier that we did not offer; in that case, risk may pass when the goods are delivered to that carrier to the extent the law permits.

If tracking shows “delivered” but you did not receive the parcel, contact us promptly so that we can investigate with the carrier. Your statutory rights are not reduced merely because the carrier marked a parcel as delivered.

9. Cancellation before dispatch

If you ask to cancel an order before dispatch, we will make reasonable efforts to stop fulfilment. If the order has already been dispatched, you may need to use the return/withdrawal process. This does not limit any statutory right of withdrawal or other mandatory cancellation right.

10. Right of withdrawal, returns and refunds

Our Refund & Returns Policy forms part of these Terms and explains the return process in more detail.

Refund & Returns Policy: Refund policy

For consumers who have a statutory right of withdrawal, including qualifying EU distance-sale consumers, that statutory right applies regardless of any additional voluntary return period we offer. In general, qualifying EU consumers may notify us of withdrawal within 14 calendar days after receiving the goods and then have a further 14 days to send them back, subject to the statutory rules and exceptions.

Where the law requires, we refund the purchase price and the cost of our least expensive standard outbound delivery. You normally bear the direct cost of returning a change-of-mind purchase if we informed you of that before purchase. We may withhold reimbursement until the goods are returned or you provide evidence of return, whichever occurs first, where the law allows.

You may handle goods during the statutory withdrawal period only to the extent necessary to establish their nature, characteristics and functioning, similar to what would reasonably be possible in a physical store. Where permitted by law, you are responsible for diminished value caused by handling beyond that level.

11. Defective, damaged or non-conforming products

AVALAIR is responsible for the statutory conformity rights that apply to products we sell directly to consumers. A product must conform to the contract and to the reasonable expectations created by its description, price, normal use and our statements about it.

If a product is defective, damaged on arrival, incomplete or materially different from what was agreed, contact us. Depending on the circumstances and applicable law, you may be entitled to a free repair or replacement, price reduction or refund. We will not charge you return shipping or other costs that the law requires us to bear for a valid conformity claim.

Normal wear and tear, cosmetic damage caused after delivery, misuse, accidental damage, failure to follow care/safety instructions or unauthorised modifications may fall outside statutory remedies to the extent the issue was caused by those circumstances. This clause does not reduce rights that cannot legally be excluded.

12. Commercial warranty

Unless a separate AVALAIR commercial warranty is expressly provided with a product, we do not create an additional time-limited manufacturer warranty merely by these Terms. Any commercial warranty we do offer is additional to, and never replaces or restricts, statutory consumer rights. The separate warranty statement will identify its duration, territory, scope, guarantor and claim procedure.

13. Promotions, discount codes and gifts

Promotions and discount codes may have additional terms, eligibility rules, validity periods and stock limits that are communicated with the promotion. Unless stated otherwise, promotions cannot be combined. If a promotion conflicts with mandatory consumer law, the mandatory rule prevails.

If a return causes an order to cease meeting a promotion threshold, we may recalculate the refund to reflect the valid promotion, but only to the extent permitted by law and only on a transparent basis. Any free promotional item that formed part of the returned purchase should be returned if reasonably possible; statutory refund rights will not be unfairly reduced.

14. Website use and intellectual property

The AVALAIR name, logos, website design, product photography, text, graphics, product designs and other content are protected by applicable intellectual-property laws and are owned by or licensed to AVALAIR. You may use the site for personal, lawful shopping and information purposes. You may not reproduce, commercially exploit, scrape, circumvent security measures or misuse our content or systems in a manner that infringes rights or disrupts the services, except where the law expressly permits it.

15. Reviews, photos and other content you submit

If you voluntarily submit a review, photo, video or other content through an AVALAIR feature, you confirm that you have the necessary rights to submit it and that it is not unlawful or misleading. You grant AVALAIR a non-exclusive, worldwide, royalty-free licence to host, reproduce and display that content for operating and promoting AVALAIR and the relevant products, subject to privacy, advertising and consumer-review laws. We will not treat this clause as permission to use private communications or personal images beyond the reasonable context in which you submitted them.

Where we display consumer reviews, we will explain whether and how we verify that reviewers purchased or used the relevant product, as required by applicable law.

16. Third-party services and Shopify

Our store is powered by Shopify and may integrate payment, fulfilment, analytics, support and other third-party services. Purchases from AVALAIR are contracts with AVALAIR, not with Shopify, unless the checkout clearly identifies another seller. Third-party services may have their own terms and privacy notices.

17. Liability

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability for fraud, wilful misconduct, death or personal injury caused by negligence where such liability cannot be excluded, mandatory product liability, or statutory consumer remedies.

For consumer purchases, we are responsible for losses that are a foreseeable consequence of our breach of contract or failure to use reasonable care, subject to applicable law. We are not responsible for business losses suffered by a consumer, such as loss of profit or business opportunity, because products sold under these consumer Terms are intended for private use.

We are not responsible for a failure or delay caused by events genuinely outside our reasonable control, but this does not remove your right to a refund or other remedy where mandatory consumer law gives you one.

18. Privacy

Our processing of personal data is described in the AVALAIR Privacy Policy.

You can manage your cookie preferences when visiting our website.

19. Complaints

If you have a complaint, please contact us first so we can try to resolve it. Please include your order number and a clear description of the issue. We aim to acknowledge complaints promptly and provide a substantive response within 14 days where reasonably possible; if more time is needed, we will tell you when to expect a fuller response.

Complaints email: info@avalair.store

If we are affiliated with an approved alternative dispute-resolution body, we will identify it on our website and provide the required information. The former EU Online Dispute Resolution (ODR) platform was discontinued in 2025 and is therefore not referenced in these Terms.

20. Governing Law and Jurisdiction

20.1. Applicable Law

All agreements, transactions, and disputes arising from or relating to AVALAIR, its products, services, and these Terms and Conditions shall be governed exclusively by the laws of the Netherlands.

20.2. Jurisdiction

All disputes arising from or relating to agreements with AVALAIR shall be submitted exclusively to the competent courts of the Netherlands, unless mandatory law requires otherwise.

20.3. Business Customers

For business customers, the courts of the judicial district in which AVALAIR has its registered place of business shall have exclusive jurisdiction over all contractual disputes.

AVALAIR reserves the right to initiate proceedings against business customers before any other court having jurisdiction.

20.4. Mandatory Consumer Rights

Nothing in this Article shall exclude or restrict any consumer rights that cannot legally be waived or limited by contract.

20.5. Severability

If any provision of this Article is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

21. Changes to these Terms

The Terms that apply to an order are the version made available to you when you place that order. We may update these Terms for future use. We will not retroactively change the essential terms of an existing purchase unless the law permits it or you agree to the change.

22. Severability and no waiver

If a provision of these Terms is invalid or unenforceable, it will be limited or removed only to the minimum extent necessary and the remainder will continue to apply. If we do not enforce a right immediately, that does not mean we permanently waive it.

23. Contact

Legal / customer service email: info@avalair.store