Last updated: 2 June 2026
These Terms and Conditions of Sale ("Terms") govern the sale and supply of products by the Seller (as defined below) to business customers. By placing an order, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not place an order.
ARTICLE 1 — DEFINITIONS
In these Terms, the following definitions apply:
Seller / we / us / our: the legal entity identified in Article 2, trading as "LuxGas".
Buyer / you / your: the business, acting in the course of its trade, business, craft or profession, that places an order with the Seller.
- Products: the goods offered for sale by the Seller, namely food-grade nitrous oxide (E942) cream chargers and cylinders and related accessories.
- Order: a request by the Buyer to purchase Products.
Agreement: the contract of sale formed between the Seller and the Buyer in accordance with these Terms. - Permitted Purpose: professional culinary and catering use of the Products as a food additive (E942), as further described in Article 5.
- Website: the Seller's online store and any associated subdomains through which the Products are offered.
- Day: calendar day.
ARTICLE 2 – CONTACT INFORMATION
For all enquiries relating to orders, distribution opportunities, products, or general business matters, please contact:
Email: sales@lux-gas.com
Website: https://lux-gas.com
ARTICLE 3 — APPLICABILITY AND SCOPE
1. These Terms apply to every offer made by the Seller and to every Order and Agreement concluded between the Seller and the Buyer.
2. These Terms are made available to the Buyer before the Agreement is concluded and in such a way that the Buyer can store them on a durable medium. By placing an Order, the Buyer accepts these Terms in full.
3. Any terms or conditions put forward by the Buyer (including in purchase orders or other documents) are expressly excluded and do not form part of the Agreement, unless the Seller agrees to them in writing.
4. If any provision of these Terms is held to be wholly or partly invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be replaced by a valid provision that reflects, as far as possible, the original intention.
5. The Seller may amend these Terms from time to time. The version in force at the time an Order is placed governs that Order.
ARTICLE 4 — BUSINESS CUSTOMERS ONLY; BUYER WARRANTIES
1. The Seller sells the Products exclusively to businesses purchasing in the course of their trade or profession (for example restaurants, cafés, bars, caterers, bakeries, hotels and distributors). The Seller does not sell to consumers.
2. Because all sales are made on a business-to-business basis, statutory consumer protection rules, including any right of withdrawal / cooling-off period applicable to consumer distance contracts, do not apply to any Order or Agreement.
3. By placing an Order, the Buyer represents and warrants that:
(a) it is acting in the course of a business, trade or profession, and not as a consumer;
(b) the persons placing and receiving the Order are of legal age in their jurisdiction;
(c) it is purchasing the Products solely for the Permitted Purpose set out in Article 5;
(d) the information it provides (including business identity, VAT and delivery details) is accurate and complete; and
(e) its purchase, possession, storage, resale and use of the Products comply with all laws and regulations applicable to it.
4. The Seller may, at any time, request evidence of the Buyer's business status (such as a company registration or VAT number) and may decline to proceed where such evidence is not provided to its satisfaction.
ARTICLE 5 — INTENDED USE; PERMITTED PURPOSE; PROHIBITED USE
1. The Products are food-grade nitrous oxide (E942) supplied solely for professional culinary and catering use — including the preparation of whipped cream, foams, espumas, mousses, infusions and similar food and beverage applications.
2. The Products are not supplied, and must not be used, for human inhalation, recreational use, or any purpose other than legitimate food preparation. Any inhalation or recreational use is a serious misuse, is strictly prohibited, and is dangerous to health.
3. The Buyer must not resell, supply or distribute the Products to any person it knows, or has reasonable grounds to suspect, intends to use them otherwise than for the Permitted Purpose. The Buyer shall pass these use restrictions on to its own customers.
4. The Buyer assumes full responsibility for ensuring that the Products are used only for the Permitted Purpose, and the Seller accepts no responsibility for any use of the Products outside the Permitted Purpose, whether by the Buyer or by any third party.
ARTICLE 6 — THE OFFER
1. Every offer made by the Seller is without obligation. The Seller is entitled to change, correct or withdraw any offer at any time before the Agreement is concluded.
2. Offers contain a description of the Products that is sufficiently detailed to allow the Buyer to make a proper assessment. Images and specifications are indicative; obvious mistakes or errors in an offer do not bind the Seller.
3. The Seller cannot guarantee that colours and appearance shown on screen exactly match the Products as delivered.
4. Where an offer is subject to conditions or has a limited duration, this will be stated in the offer.
ARTICLE 7 — FORMATION OF THE AGREEMENT
1. An Agreement is concluded only when the Seller confirms acceptance of the Buyer's Order in writing (including by e-mail) or dispatches the Products, whichever occurs first.
2. Confirmation of receipt of an Order does not by itself constitute acceptance of the Order.
3. The Seller is entitled to satisfy itself, within legal limits, as to the Buyer's business status, identity and ability to meet its payment obligations, and may attach conditions to acceptance of an Order on the basis of such assessment.
ARTICLE 8 — RIGHT TO REFUSE, LIMIT OR CANCEL ORDERS
1. The Seller reserves the right, at its sole discretion and without any obligation to give reasons, to refuse, limit, delay or cancel any Order — whether before or after acceptance — including where:
(a) it has any reason to believe the Products may be intended for misuse, for inhalation, for recreational use, or for any purpose other than the Permitted Purpose;
(b) it has any reason to believe the Buyer is not a genuine business or is purchasing as, or on behalf of, a consumer;
(c) it has reason to believe the Products may be resold or distributed to end users for misuse; or
(d) the Order is otherwise inconsistent with these Terms or with applicable law.
2. Where the Seller cancels an Order under this Article, its sole obligation is to refund any sums already paid by the Buyer in respect of the cancelled Order. The Seller is not liable for any further loss, cost or damage arising from such refusal or cancellation.
3. Nothing in this Article permits the Seller to refuse an Order on grounds prohibited by applicable anti-discrimination law.
ARTICLE 9 — PRICES
1. Prices are as stated in the offer or Order confirmation and, unless stated otherwise, are exclusive of VAT and of shipping, handling and any applicable duties or taxes, which are added where required.
2. The Seller may correct obvious pricing errors and is not obliged to supply Products at an incorrectly stated price.
3. Prices may be adjusted to reflect changes in applicable taxes, duties or statutory charges.
ARTICLE 10 — PAYMENT
1. Unless otherwise agreed in writing, payment is due in full before dispatch of the Products, by the payment methods made available by the Seller.
2. The Buyer must promptly notify the Seller of any inaccuracies in payment details provided.
3. In the event of late payment, the Seller is entitled, subject to applicable law, to charge statutory interest and reasonable costs of collection, and to suspend further deliveries.
4. Title to the Products does not pass to the Buyer until the Seller has received payment in full (see Article 12).
ARTICLE 11 — DELIVERY AND EXECUTION
1. The Seller will take reasonable care in fulfilling Orders. Delivery is made to the address notified by the Buyer.
2. The Seller will fulfil accepted Orders within a reasonable period and, unless a longer period has been agreed, will use reasonable efforts to dispatch within 30 days of acceptance.
3. Stated delivery periods are indicative only. The Buyer is not entitled to compensation for late delivery, save to the extent required by mandatory law.
4. If delivery of an ordered Product proves impossible, the Seller may offer a replacement of equivalent quality, or cancel the affected part of the Order and refund the corresponding sums paid.
5. Each Agreement is entered into subject to sufficient availability of the relevant Products.
ARTICLE 12 — RISK AND TITLE
1. Risk of loss of or damage to the Products passes to the Buyer on delivery to the Buyer or to a carrier or representative nominated by the Buyer.
2. Title to the Products remains with the Seller until the Seller has received payment in full of all sums due in respect of the relevant Products. Until title passes, the Buyer holds the Products as the Seller's bailee and must store them so that they remain identifiable as the Seller's property.
ARTICLE 13 — CONFORMITY AND GUARANTEE
1. The Seller warrants that, at the time of delivery, the Products conform to their description in the offer and are of the food-grade quality stated (E942), and comply with applicable statutory requirements in force at the date the Agreement is concluded.
2. The Buyer must inspect the Products on delivery and notify the Seller in writing of any defect, shortage or non-conformity within 7 days of delivery, with a full and clear description. Defects that could not reasonably have been discovered on inspection must be notified within a reasonable period of discovery.
3. Where a notified defect is established to the Seller's satisfaction, the Seller will, at its discretion, replace the affected Products, repair them, or refund the price of the affected Products. This is the Buyer's sole and exclusive remedy for non-conforming Products.
4. The guarantee does not apply where:
(a) the Products have been altered, repackaged, or handled otherwise than in accordance with the Seller's or manufacturer's instructions;
(b) the Products have been exposed to abnormal conditions, stored improperly, or carelessly handled; or
(c) the alleged defect results from use of the Products otherwise than for the Permitted Purpose.
5. The Seller is not responsible for the suitability of the Products for any particular application of the Buyer beyond the Permitted Purpose, nor for any advice on their use.
ARTICLE 14 — NO RETURNS; NO RIGHT OF WITHDRAWAL
1. The Products are food additives supplied for professional use. For reasons of hygiene, food safety and product integrity, and because all sales are made on a business-to-business basis, the Products are non-returnable and no right of withdrawal or cooling-off period applies once an Order has been accepted.
2. The only exception is for Products that are defective or not as described, which are dealt with exclusively under Article 13 (Conformity and Guarantee).
3. Returns are not accepted where the seal or packaging of a Product has been broken, in any circumstances other than under Article 13.
ARTICLE 15 — BUYER RESPONSIBILITY AND REGULATORY COMPLIANCE
1. The Buyer is solely responsible for ensuring that its purchase, importation, storage, transport, resale and use of the Products comply with all laws and regulations applicable to it in its jurisdiction, including food-safety, product-labelling, age-restriction, licensing and substance-control rules.
2. The Buyer is responsible for obtaining and maintaining any permits, registrations or licences required for it to deal in the Products.
3. The Buyer shall not do anything that causes the Seller to be in breach of any applicable law or regulation, and shall be responsible for aligning its own conduct and that of its customers with these Terms.
ARTICLE 16 — DISCLAIMERS
1. Save for the express warranties in Article 13, and to the maximum extent permitted by law, the Products and any related information are provided "as is", and the Seller disclaims all other warranties, whether express or implied, including any implied warranty of fitness for a particular purpose beyond the Permitted Purpose.
2. No information published by the Seller (including on the Website or in marketing materials) constitutes legal, regulatory, food-safety or professional advice, and the Buyer must not rely on it as such.
ARTICLE 17 — LIMITATION OF LIABILITY
1. To the maximum extent permitted by law, the Seller shall not be liable for any indirect, incidental, special or consequential loss or damage, nor for loss of profit, revenue, business, goodwill or anticipated savings, arising out of or in connection with the Products or the Agreement.
2. The Seller accepts no liability whatsoever for any loss, damage, injury or claim arising from use of the Products otherwise than for the Permitted Purpose, including any inhalation, recreational or unlawful use, whether by the Buyer or by any third party. The Buyer assumes all such risk.
3. To the maximum extent permitted by law, the Seller's total aggregate liability arising out of or in connection with any Agreement shall not exceed the price paid by the Buyer for the Products giving rise to the claim.
4. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable mandatory law, including liability for death or personal injury caused by negligence or for fraud.
ARTICLE 18 — INDEMNIFICATION
The Buyer shall indemnify, defend and hold harmless the Seller and its affiliates, officers, directors, employees and agents from and against all claims, demands, liabilities, damages, losses, fines, penalties and costs (including reasonable legal fees) arising out of or in connection with: (a) the Buyer's breach of these Terms; (b) any misuse, inhalation, recreational use or unlawful use of the Products by the Buyer or any person to whom the Buyer supplies them; (c) the Buyer's onward sale or distribution of the Products; or (d) the Buyer's breach of any applicable law or regulation.
ARTICLE 19 — INTELLECTUAL PROPERTY
All trademarks, logos, brand names, domain names, text, images and other content of the Seller and on the Website are the property of the Seller or its licensors and are protected by applicable intellectual property laws. The Buyer is granted no rights in them and shall not use them without the Seller's prior written consent.
ARTICLE 20 — COMPLAINTS PROCEDURE
1. Complaints regarding the performance of an Agreement must be submitted to the Seller in writing, fully and clearly described, within 7 days of the Buyer discovering the relevant matter.
2. The Seller will acknowledge complaints within 14 days of receipt. Where a complaint requires longer to investigate, the Seller will indicate within that period when a fuller response can be expected.
3. The complaints procedure does not suspend the Buyer's obligations under the Agreement unless the Seller agrees otherwise in writing.
ARTICLE 21 — FORCE MAJEURE
The Seller is not liable for any delay or failure to perform its obligations to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, civil unrest, strikes, epidemics or pandemics, failures of carriers or suppliers, interruptions of utilities or communications, changes in law, or government measures or restrictions. During such circumstances the Seller's obligations are suspended; if they continue for more than 60 days, either party may cancel the affected part of the Agreement without liability, save for refund of sums paid for undelivered Products.
ARTICLE 22 — SUSPENSION AND TERMINATION
The Seller may suspend or terminate any Agreement, and suspend or terminate the Buyer's access to the Website and to future Orders, with immediate effect and without liability, where the Buyer breaches these Terms, where the Seller reasonably suspects misuse of the Products, or where required to do so by applicable law.
ARTICLE 23 — MISCELLANEOUS
1. No waiver. Failure or delay by the Seller in enforcing any provision is not a waiver of it.
2. Severability. If any provision is held invalid or unenforceable, the remaining provisions continue in effect, and the invalid provision is replaced by a valid one reflecting the original intention as closely as possible.
3. Survival. Provisions that by their nature should survive termination — including those on intended use, prohibited use, buyer responsibility, disclaimers, limitation of liability, indemnification and intellectual property — survive termination of the Agreement.
4. Assignment. The Buyer may not assign or transfer its rights or obligations without the Seller's prior written consent. The Seller may assign or transfer the Agreement to an affiliate or successor.
5. Notices. Notices to the Seller must be sent to sales@lux-gas.com. Notices to the Buyer may be sent to the contact details provided in the Order.
6. Entire agreement. These Terms, together with the relevant Order confirmation, constitute the entire agreement between the parties and supersede all prior understandings relating to their subject matter.
ARTICLE 24 — GOVERNING LAW AND DISPUTES
1. These Terms and any Agreement, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict-of-law principles.
2. The parties agree that the courts of the Republic of Estonia have exclusive jurisdiction to settle any such dispute or claim, and that Harju County Court (Harju Maakohus) shall be the court of first instance, unless mandatory law provides otherwise.
3. The United Nations Convention on Contracts for the International Sale of Goods (CISG / Vienna Sales Convention) does not apply.
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