Last updated: 25 September 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: LUXGAS and the contracting entity identified in the applicable order confirmation or invoice.
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 food-grade nitrous oxide products offered by the Seller and identified in the applicable offer, order confirmation, or invoice.
- 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
The contracting entity, billing details, and applicable payment instructions will be stated on the relevant invoice or order confirmation.
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 a form that the Buyer can save or reproduce for future reference. By placing an Order, accepting an order confirmation, paying an invoice, or accepting delivery, the Buyer accepts these Terms.
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 version of these Terms in force when the Seller accepts the Order applies to that Order. Later amendments do not affect Orders already accepted, unless required by law or agreed in writing by the parties.
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. The Seller supplies Products only to businesses purchasing in the course of their trade, business, craft, or profession. LuxGas does not offer voluntary consumer withdrawal or return rights. Nothing in these Terms excludes or limits any mandatory legal right that cannot lawfully be excluded.
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, transport, resale, and use of the Products comply with all laws and regulations applicable to the Buyer.
4. The Seller may request reasonable evidence of the Buyer’s business status and may decline or suspend an Order if the requested information is not provided or cannot be reasonably verified.
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 whom it knows, or reasonably suspects, intends to use them for inhalation, recreational use, or any other prohibited purpose. The Buyer must communicate these restrictions to its own customers and business partners.
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. Unless stated otherwise, offers are valid only for the period stated in the offer. If no validity period is stated, the offer may be withdrawn or changed before the Seller accepts the Order.
ARTICLE 7 — FORMATION OF THE AGREEMENT
1. An Agreement is concluded only when the Seller accepts the Buyer’s Order in writing, including by email or written order confirmation, or dispatches the Products, whichever occurs first.
2. An acknowledgement that an Order has been received does not by itself constitute acceptance. A proforma invoice or payment request also does not constitute acceptance unless it expressly states that the Order has been accepted.
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 before delivery, the Seller’s obligation is limited to refunding amounts actually received for Products that have not been delivered, unless mandatory law requires otherwise. The Seller is not liable for indirect loss, lost profit, replacement purchasing costs, or other consequential loss arising from the 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 those stated in the applicable offer, quotation, invoice, or order confirmation. Unless expressly stated otherwise, prices exclude VAT, shipping, handling, customs duties, import taxes, clearance charges, and other applicable government charges.
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. Payment must be made by bank transfer only, using the bank details stated on the applicable invoice or payment instructions.Unless otherwise agreed in writing, the full invoice amount must be received in cleared funds before the Products are dispatched.
2. The Buyer is responsible for all bank, intermediary-bank, currency-conversion, and transfer charges. The Seller must receive the full invoiced amount.
3. The Seller may suspend or cancel an Order if payment is late, incomplete, reversed, disputed, or received from an unauthorised third party.
4. The Buyer may not deduct, withhold, or set off any amount unless the Seller agrees in writing or mandatory law requires otherwise.
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 use reasonable efforts to dispatch accepted Orders within the period stated in the order confirmation. Any delivery or dispatch period is an estimate unless the Seller expressly agrees in writing that it is binding.
3. The Seller is not liable for delay caused by carriers, customs, authorities, payment clearance, missing Buyer information, import requirements, or circumstances outside the Seller’s reasonable control, except where mandatory law provides otherwise.
4. If delivery becomes impossible, the Seller may offer an alternative delivery arrangement, cancel the affected part of the Order, and refund amounts paid for Products that were not delivered.
5. Each Agreement is entered into subject to sufficient availability of the relevant Products.
ARTICLE 12 — RISK AND TITLE
1. Risk of loss or damage passes to the Buyer when the Products are delivered to the Buyer, the Buyer’s nominated carrier, or another person nominated by the Buyer, as stated in the applicable order confirmation.
2. Title remains with the Seller until the Seller has received full payment for the relevant Products. Until title passes, the Buyer must keep unpaid Products identifiable and must not pledge or use them as security.
ARTICLE 13 — CONFORMITY AND GUARANTEE
1. The Seller warrants that, at the time risk passes, the Products materially conform to the description and agreed specification stated in the applicable offer or order confirmation.
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 valid defect or non-conformity is established, the Seller may, at its option and subject to applicable law, replace the affected Products, issue a credit, or refund the price of the affected 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. Because the Products are supplied exclusively on a business-to-business basis, the Seller does not offer a voluntary consumer withdrawal or return period. Nothing in this Article excludes mandatory rights relating to defective, damaged, or materially non-conforming Products.
2. Returns are accepted only with the Seller’s prior written authorisation and only where permitted under Article 13 or otherwise agreed in writing.
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.
The Buyer must not supply the Products for inhalation, recreational use, unlawful use, or any purpose prohibited by applicable law.
ARTICLE 16 — DISCLAIMERS
1. Except for express warranties stated in these Terms and any rights that cannot lawfully be excluded, the Seller gives no additional warranty regarding suitability for a particular purpose, commercial success, regulatory approval in the Buyer’s destination country, or compatibility with the Buyer’s equipment.
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 from an Agreement shall not exceed the amount paid 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
To the maximum extent permitted by law, the Buyer shall indemnify and hold harmless the Seller, its affiliates, officers, employees, and agents against third-party claims, losses, penalties, and reasonable legal costs arising from: (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. The Buyer must not remove, obscure, alter, or replace any product label, batch number, safety marking, or required product information.
ARTICLE 20 — COMPLAINTS PROCEDURE
1. The Buyer must inspect the Products promptly after delivery. Visible damage, shortage, or incorrect delivery should be recorded on the delivery document where possible and reported to the Seller without undue delay.
2. Hidden defects or non-conformities must be reported in writing within a reasonable period after discovery and must include a description, photographs where relevant, and the applicable order or invoice details.
3. No Products may be returned without the Seller’s prior written authorisation.
4. A complaint does not suspend the Buyer’s payment obligations unless the Seller agrees otherwise in writing or mandatory law provides otherwise.
ARTICLE 21 — FORCE MAJEURE
If a force-majeure event continues for more than thirty (30) days, either party may cancel the affected part of the Agreement by written notice. The Seller will refund amounts received for Products that were paid for but not delivered, subject to applicable law.
ARTICLE 22 — SUSPENSION AND TERMINATION
The Seller may suspend or terminate an Order, Agreement, account, or future supply immediately where the Buyer breaches these Terms, fails to pay, provides materially inaccurate information, is reasonably suspected of prohibited or unlawful use, creates sanctions or regulatory risk, or where suspension is necessary to comply with law, banking requirements, carrier requirements, or safety obligations.
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 to the Seller must be sent to sales@lux-gas.com or another address stated in the applicable order confirmation. Notices to the Buyer may be sent to the contact details provided with 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 Estonia have jurisdiction over disputes arising from an Agreement, subject to any mandatory jurisdiction or consumer-protection rules that cannot lawfully be excluded.
3. The United Nations Convention on Contracts for the International Sale of Goods (CISG / Vienna Sales Convention) does not apply.
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