Here's your Terms of Sale document rewritten for Ekster BV, replacing all references to Aerless LLC while maintaining the structure, tone, and the limited lifetime warranty section:
Ekster BV – Terms of Sale
Last Updated: July 2025
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, UNLESS YOU OPT OUT.
BY PLACING AN ORDER ON THIS WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS.
YOU MAY NOT ORDER PRODUCTS IF YOU: (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OLD OR OTHERWISE LEGALLY ABLE TO ENTER INTO A BINDING CONTRACT WITH EKSTER BV, OR (C) ARE PROHIBITED FROM USING THIS SITE BY LAW.
These Terms of Sale (the “Terms”) apply to purchases made through the Ekster website (the “Site”) and are subject to change without notice. The latest version of these Terms will always be posted on the Site.
Your order constitutes an offer to purchase products under these Terms. All orders are subject to acceptance by Ekster BV ("Ekster," "we," "us," or "our"). We may decline orders at our sole discretion. A binding contract is only formed once you receive an order confirmation email from us.
(a) Prices are subject to change at any time. The final price will be confirmed in your order confirmation email. Prices exclude taxes and shipping unless otherwise stated. We reserve the right to cancel orders in the case of pricing or typographical errors.
(b) Payment must be made at the time of order. We accept major credit cards, PayPal, Amazon Pay, and Affirm. You agree that payment information is valid, and that you are authorized to use the selected payment method.
(a) We ship to the address you provide. Shipping options and fees are detailed at checkout.
(b) Risk of loss passes to you when the product is handed to the carrier. Delivery dates are estimates only.
Returns are accepted within 100 days of purchase for products in original condition, excluding non-returnable items and orders under $50. Orders under $50 may be eligible for store credit or exchange. Return shipping costs apply outside the U.S., Canada, and UK. Refunds are processed within 5–10 business days after we receive your item.
Large items (e.g., backpacks) may incur a $15 return shipping fee. We may, at our sole discretion, accept other returns with a restocking fee.
Some Ekster-branded products are covered under our Limited Lifetime Warranty (see below). Third-party products are excluded unless otherwise stated.
At Ekster, we stand behind the quality of our products. That’s why we offer a Limited Lifetime Warranty on all Ekster-branded products, applicable exclusively to factory defects in materials or workmanship.
What’s Covered:
Manufacturing defects or flaws in materials/workmanship under normal use
Coverage applies only to the original purchaser with proof of purchase from Ekster.com or an authorized retailer
What’s Not Covered:
Normal wear and tear (fading, scuffs, abrasions)
Misuse, neglect, or accidents
Modifications or improper use
Improper storage, handling, or cleaning
Cosmetic damage that does not affect function
Second-hand purchases or purchases from unauthorized sellers
How to Make a Claim:
Contact our support team through the form on our Support Page with:
A description of the issue
Photos or videos of the defect
Proof of purchase
If approved, we may repair, replace, or offer store credit at our discretion.
Limitations:
This warranty covers only repair or replacement. Ekster is not liable for indirect, incidental, or consequential damages. We reserve the right to update or modify this warranty at any time without notice.
General Warranty Disclaimer:
EXCEPT AS EXPRESSLY STATED, ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTIES, EXPRESS OR IMPLIED. EKSTER DISCLAIMS LIABILITY FOR DAMAGE FROM NORMAL USE, MISUSE, OR MODIFICATION. THIS WARRANTY IS SUBJECT TO LOCAL LAW LIMITATIONS.
TO THE EXTENT PERMITTED BY LAW, EKSTER AND ITS REPRESENTATIVES SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR SUBSTITUTE GOODS. TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT IN QUESTION OR $100, WHICHEVER IS GREATER.
Some jurisdictions may not allow certain exclusions. If located in New Jersey, some limitations may not apply.
You agree not to resell or export products and to comply with all applicable laws.
Our Privacy Policy governs personal data collection and use.
We are not responsible for failure to fulfill obligations due to events beyond our control (e.g., natural disasters, war, labor disputes, pandemics).
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.
This section outlines a mandatory individual arbitration process for resolving disputes, governed by the U.S. Federal Arbitration Act. Please refer to our full Arbitration Agreement for details, opt-out instructions, and filing procedures.
You may not assign your rights under these Terms without our written consent.
Our failure to enforce any provision does not waive our right to enforce it later.
These Terms do not confer any rights to third parties.
To You: Notices may be sent via email or posted on the Site.
To Us: Notices must be delivered to:
Ekster BV
ATTN: Legal Department
228 East 45th Street, Suite 9E
New York, NY 10017
Email: legal@ekster.com
If any part of these Terms is found unenforceable, the remainder shall remain in effect.
These Terms, the Privacy Policy, and your order confirmation constitute the full agreement between you and Ekster BV regarding your purchase.