Terms & Conditions

Last updated: January 1st, 2023

Welcome to the Aioray community! You are reading these Terms because you are using an Aioray website, digital experience, or a phygital store. You may access the Platform through a computer, mobile phone, tablet, console or other technology, which we refer to here as a ‘’Device’’. Your service provider’s normal rates and fees apply to your Device. Aioray sets forth a marketplace, where Sellers can connect their Digital Collectibles to phygital store experiences, and can sell directly to their Customers on the Aioray store. It is the Sellers responsibility to upload truthful and accurate information to the Buyer. The Seller also holds all fulfillment, shipping and return responsibilities towards the buyer.

These Terms create a legally binding agreement between you and Aioray, Sellers and its affiliates (which we may refer to as ‘’Aioray’’, ‘’we’’, ‘’us’’ or ‘’our’’) regarding your use of the Platform.

Our Terms may Change. We may update these Terms from time to time. If a material change is made, we will post a notice on the Platform or send you a notification. Read through any changes, and if you don’t agree to them, please stop using the Platform. If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.

By making any purchase with us, you also agree to the Terms of Sale that apply in your country or region.

Our Privacy Policy describes the collection and use of personal information on the Platform and applies to your use of the Platform.

Our Unlockable Terms describe the use of our phygital stores and unlockable experiences with digital collectibles and tokens.

1. Introduction

Aioray ApS., (‘’Aioray’’ or ‘’Aioray Unlockables’’ or ‘’we’’), merges our love of e-commerce with web3 to create the shopping experience of the future, and helps unlock the creators of the next generation.

These Terms govern any access or use of the website at https://aioray.com/ (‘’The Site’’), and any other website, subdomain, marketplace, mobile application, or application program operated or made available by Aioray (the “Platform”) as well as any services provided on or through the Platform (“Services”), also made available as white-labeled store experiences for Digital Collectible Marketplaces (the ‘’Client’’).

1.1 Please read these Terms of Use (the “Terms”) Carefully before using or purchasing the Services.

1.2 By accessing or using the Site, the End User (‘’You as a buyer’’) agrees to be bound by these Terms, including the Privacy Policy which is available at our website. If the End User does not agree with or cannot comply with these Terms, the End User may not use or access the Site.

2. Limitations of the Rights to Use

2.1 Information, data and illustrations that constitute all or part of the App shall not be shared with third parties or in any way used to operate directly or indirectly competing undertakings, including by reselling content or documents created with the App.

2.2 The End User is not allowed to (directly or indirectly); (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the App or any components thereof (including without limitation any application), except to the limited extent applicable laws specifically permit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the App; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that the End User receives hereunder.

2.3 The End User will do its utmost to abide by all applicable laws when using the App.

2.4 The App Providers reserve the right to suspend and withhold the provision of the App in its entirety or in part where the App Providers reasonably believes that the End User’s use of the App is in violation with these Terms.

3. Digital Collectibles and Services

3.1 Services includes any services, features and functionality of the Platform related to the purchase or sale of any blockchain-based, cryptographic nonfungible token (“NFT”) which, together with the license rights to any associated digital works of authorship or other content, whether or not copyrighted or copyrightable, and regardless of the format in which any of the foregoing is made available (“Related Content”), comprises and is referred to herein as a “Digital Collectible”. Aioray unlocks the capabilities for NFT marketplaces to provide their creators (Sellers) with unique tokengated store pages. Users only have access to their unique store pages through proving their ownership of their tokens. Aioray does not mint, sell, or otherwise create NFTs on the App.

The terms of your licence to the Related Content and other terms applicable to the Digital Collectible will be presented to you at the time of purchase of the digital collectible on the platform (not Aioray) where you completed the purchase of the Digital Collectible.

Additionally, certain Services may be made available exclusively to the owner of a particular Digital Collectible. You may be required to demonstrate ownership of the applicable Digital Collectible in order to access these Services. Without limiting any other right to terminate or suspend Services under these Terms, we may terminate your access or use of these Services in the event that you transfer the applicable Digital Collectible to someone else.

Any digital works of authorship or other content made available through the Platform to an owner of a Digital Collectible that is intended as an “Additional Benefit” will be identified as such on the Platform or at the time of download. Any such content will be licensed to you for as long as you own the applicable Digital Collectible pursuant to the terms of any licence presented at the time of download or, if no such terms are presented, pursuant to the applicable Digital Collectible Terms as Related Content for that particular Digital Collectible. The Digital Collectible Terms are made and set forth by the creator of the collectible. Any other digital works of authorship and other content made available through the Platform is part of the Services and no licence rights are granted to you with respect to any such content. None of Aioray or any third party has any obligation to provide any Additional Benefit and none of Aioray or any third party will have any responsibility or liability for, arising out of, or relating to any Additional Benefit.

4. Site limitations and modifications

4.1 Aioray will take all reasonable steps to keep the Site operational. However, certain technical difficulties, maintenance, testing or updates which may be required according to relevant laws and regulatory requirements may result in temporary interruptions from time to time.

4.2 Changes and ongoing updates to the Site

4.2.1 Aioray will continuously and at their sole discretion change and update the functionality of the Site. Such changes and updates do not involve limitations or changes in the End User’s User Right.

4.2.2 Aioray is entitled to make changes in the functionality of the Site, including modifying or removing features that they consider necessary to generally deliver the best possible service to customers and users. It is at all times the Site Providers who determine which features meet this requirement. Such changes to the functionality provided by the Site Providers do not imply any restrictions or changes in the End User’s obligations to the Site Providers, nor does it entitle the End User to any remedies for breach of contract.

5. Eligibility

5.1 The usage of the Site is based on the User being at least 13 years of age, and be a consumer - not a reseller. If you are under 18 years old (or the equivalent of the age of legal majority in your residence country), you may use Aioray Services only under direct supervision of your legal guardian who gives consent to be bound by these Terms. If you use the Aioray Services on behalf of another person or entity, (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorised to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, both you and the person or entity agree to be responsible to Aioray.

The platform is intended solely to provide Sellers on the Aioray stores to sell their products directly to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of the product by someone who resells, or intends to resell, the product to others (consumers, businesses or any third party). If Aioray or a Seller believes you are involved in purchase for resale, Aioray reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account and access to phygital stores and unlockable experiences.

6. Digital Collectibles

All pricing and payment terms are as set forth on the Platform, and any payment obligations you incur are binding at the time of purchase. All sales are final. Unless otherwise required by applicable law, we will not provide a refund on any purchase.

You represent and warrant that any purchase of a Digital Collectible by you, which has ‘’unlockable’’ functionality on Aioray’s phygital stores, is solely for your personal collection, use and enjoyment, and not for speculative or investment purposes, for use as a substitute for currency or other medium of exchange, or for resale or redistribution. You acknowledge and understand that by purchasing a Digital Collectible on our clients platform, you are not acquiring any equity or other ownership or profit-sharing interest in Aioray, or any of its affiliates or any brand or other business venture.

You will not portray any Digital Collectible as an opportunity to gain economic benefit or profit, or as an investment, equity, or other ownership or profit-sharing interest in Aioray, or any of its affiliates or any brand or other business venture. You will comply with any marketing policies or guidelines published by Aioray for NFTs or Digital Collectibles in regards to phygital and unlockable functionality made available through Aioray.

We currently only accept payments in the supported cryptocurrencies listed on our website. You cannot maintain a balance of cryptocurrency with us for purposes of making purchases through our Services. You must link your Web3 Wallet to the Services and use a supported type of cryptocurrency from your Web3 Wallet to complete your purchase.

PLEASE NOTE YOUR LOCAL LEGISLATIVE OR REGULATORY CHANGES WHICH MAY AFFECT YOUR USE; TRANSFER; OR EXCHANGE OF THE DIGITAL COLLECTIBLES.

7. Acquired Digital Collectibles through Third Party Platforms

7.1 Please note that any Digital Collectible originally sold through our clients platform, that has unlockable functionality, that you acquired from a third party through a third party platform or service, by agreeing to these Terms, you agree to be bound by these Terms and applicable Unlockable Terms. In addition, you acknowledge and agree that in the event the third party from whom you purchased the Digital Collectible does not pay any amounts owed to Aioray in connection with the transfer to you, Aioray may, at its option and discretion refuse to provide you with access to the Platform or any Service (without limiting its right or ability to do so as otherwise provided in these Terms), unless and until all outstanding amounts have been paid.

8. Suspension

8.1 We have the right to suspend, cancel or pause your account and your access to our Services, at any time, if we suspect, in our full and sole discretion, that:

8.1.1 Your account is used for laundering money, evading sanctions or are engaging in illegal activity,

8.1.2 You have engaged in fraudulent activity, or

8.1.3 You have provided false identification or have concealed information or other details,

8.1.4 You have engaged in any transaction that is in violation of these Terms.

9. Services & Ownership Licence

9.1 Our Services, along with the textual content, pics, snap shots, photographs, films, illustrations and different content material contained therein, are owned through Aioray or our licensors and are included under both Danish, European, and overseas laws. Please also read the applicable Digital Collectible Terms from our clients platform, where you bought your Digital Collectible. As Aioray does not sell Digital Collectibles, the terms of Service & Ownership Licence are set forth by them. It is your responsibility to read and accept these Terms once you purchase the Digital Collectible on the Client’s or third party Platform.

Besides as explicitly stated in these phrases, all rights in and to our services are reserved with the aid of us or our licensors. subject to your compliance with these terms, you're hereby granted a constrained, nonexclusive, non transferable, non-sublicensable, revocable licence to get admission to and use our services for your own private, noncommercial use.

Please note subject to your compliance with these Terms, for as long as you own the applicable Unlockable NFT, Aioray grants you a limited, personal, non-exclusive, non-sublicensable, worldwide licence under any copyright owned by Aioray in any Aioray-Owned Content to:

Any use of our offerings aside from as in particular authorised herein, without our previous written permission, is strictly prohibited, and this will terminate the licence granted herein and violate our intellectual property rights.

9.2.1 Aioray, or any third parties from whom they derives their rights, have and shall retain all proprietary rights, copyrights, design rights and similar rights to the Site and any changes thereto including HTML and other front-end code, all documentation and material made available in the Site, source code, content text, images, designs, trademarks and other items that the End User may access by using the Site. The Intellectual Property Rights also include content in any physical media and material relating to the Site that has been delivered to the End User.

9.2.2 If, as the result of the End User’s use of the Site, ideas, features, documents, text passages, images, illustrations or other materials are being generated or created, whether this is at the request of the End User or by the Site Providers’ further development or adjustment of the End User’s needs, Aioray shall be the sole owner and beneficiary party to any and all such rights and the End User shall under no circumstances be entitled to payment of royalties or other financial rights.

9.2.3 Except as necessary to use the Site in accordance with these Terms, the End User shall not reproduce, replicate, copy or otherwise exploit the Site for the End User’s own commercial services.

9.3 Third-party Intellectual Property Rights

9.3.1 Aioray and the Customer guarantee that the App to their best knowledge does not infringe any third-parties’ Intellectual Property Rights.

9.3.2 If a third-party submits a claim of infringement of its Intellectual Property Rights towards the End User in respect of the End User’s use of the Site, the End User shall immediately notify Aioray. Aioray shall, if the circumstances permit it, take over and settle the matter with the third-party claiming infringement in the manner that Aioray considers appropriate.

9.3.3 If a third-party, by a final, enforceable judgement or arbitration award finds that the Site commercial use hereof constitutes an infringement of said third-party’s Intellectual Property Rights, the Site Providers’ are obliged to do either of the following at their own expense:

(i) obtain right or permission from the third-party in question to use the relevant Intellectual Property Rights in the Site;

(ii) stop the infringement by altering the Site;

(iii) replace the infringing elements of the Site with any other software that essentially contains the same functionality as the infringing component.

10. Related Content

You will not, attempt to, or permit or enable any third party to: (a) separate the Unlockable Content from the Digital Collectible; (b) modify the Related Content, unless expressly permitted to do so pursuant to the Digital Collectible Terms; (c) register or attempt to register any trademark or copyright or otherwise acquire additional intellectual property rights in or to any Related Content; (d) use any Related Content to create, endorse, support, promote or condone any content, material or speech that is obscene, pornographic, defamatory, abusive, discriminatory, indecent, offensive, harassing, hateful, violent, racist, inflammatory or otherwise objectionable or inappropriate as determined by Aioray at its discretion; (e) commercialize the Related Content or use the Related Content in connection with any business, message, product, or service, or in any manner that may imply endorsement of any business, message, product, or service; (f) use the Related Content in any manner that is likely to cause confusion or dilute, blur, or tarnish the Related Content or any intellectual property rights in the Related Content; or (g) use the Related Content in any manner that infringes, violates or misappropriates any third party intellectual property or intellectual property right, or that violates the these Terms or the Unlockable Terms.

11. Limitation of Liability

11.1 Product liability

11.1.1 The Site Providers disclaim responsibility for product liability and can only be held responsible for product liability damages to the extent that such product liability cannot be excluded by way of contract. The Sellers on the platform hold liability towards the Buyer.

11.2 Indirect and consequential losses

11.2.1 Aioray are not liable to End Users and customers or any other parties for indirect losses or consequential damages arising from the use of the Site, including operating loss, loss of profit, loss and/or recovery of data, loss of goodwill and other forms of consequential damages. In addition, neither of the parties are liable for any loss resulting from the other party being unable to use or provide the Site for any reason whatsoever and irrespective of whether the other party has been advised of the possibility of such losses. ​​The total liability of Aioray and the other Aioray parties for any claim arising out of or relating to these terms or our services, or any and all related content, benefit and digital collectible, regardless of the form of the action, is limited to the greater of €100 or the amount paid by you to use our services.

11.2.2 Aioray disclaim any liability for loss or damage attributable to the End User’s own connection to and running of the Site, including lack of internet access, system breakdown or other matters relating to the End User’s own IT equipment, infrastructure operations and software.

11.3 Force majeure

11.3.1 Neither Aioray, nor the End User may be held liable to the other party in respect of matters beyond the party’s control that could not reasonably have been taken into account, avoided or overcome at the conclusion of these Terms (a “Force Majeure Event”). A Force Majeure Event with a sub-supplier shall also constitute a Force Majeure Event for the party using said sub-supplier, provided that the said party cannot use an alternative sub-supplier.

12. Feedback

12.1 We would love to hear your feedback. You may voluntarily submit, post or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Aioray or our Services (collectively, "Feedback"). We may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Aioray’s sole discretion. You understand that Aioray may treat Feedback as non confidential.

13. Trademarks

13.1 Aioray and our logos, our products or services names, our slogans and the appearance and experience of our services are owned by Aioray and may not be copied, imitated or used, in entirety or in component, without our earlier written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

14. Prohibited Content and Conduct

14.1 You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

• modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;

• sell, resell or commercially use our Services;

• impersonate or otherwise misrepresent your affiliation with a person or entity;

• copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;

• use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;

• attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorised to access;

• reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

• use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;

• use our Services for any illegal or unauthorised purpose, or engage in, encourage or promote any activity that violates these Terms.

• develop or use any applications that interact with our Services without our prior written consent; or

Enforcement of this Section 14 is solely at Aioray’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 14 does not create any private right of action on the part of any third party or any reasonable expectation that our Services will not contain any content that is prohibited by such rules.

15. Content From Third Party

15.1 We provide Third-Party Content as a service to those interested in such content. We may provide information about Additional Benefits made available by third parties or other third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Services (collectively, "Third-Party Content"). Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Aioray does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

16. Indemnification

16.1 To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Aioray and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "Aioray Parties") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to

• Your Feedback;

• Your access to or use of our Services (including, without limitation, Digital Collectibles, Additional Benefits and Related Content);

• Your conduct in connection with our Services. You will cooperate with the Aioray Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). Aioray Parties will have control of the defence or settlement, at Aioray’s sole option, of any third-party Claims: or

• Your violation, misappropriation or infringement of any intellectual property, privacy, or other rights of another; or

• Your violation of these Terms (including, without limitation, the terms and conditions with respect to any Digital Collectible, Additional Benefit or Related Content) or the Digital Collectible Terms.

17. Disclaimers

17.1 The digital collectibles are intangible digital assets. they exist only by virtue of the ownership record maintained on the blockchain network. Any transfer of control that might occur in any unique digital asset occurs on the applicable blockchain network.

17.2 There is no guaranteed future value for Digital Collectibles. Any future value of a Digital Collectible is based solely on consumer interest and demand for that Digital Collectible and not something that Aioray, Clients, Sellers, or any Third Party Developer or other third party can control or will attempt to control or influence. We are not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behaviour of software (e.g., wallet, smart contract), the applicable blockchain or other third party service or infrastructure, including Supported Wallets and Supported Wallet Providers, or any other features of Digital Collectibles. We are not responsible for sustained losses due to late reports by developers or representatives (or no report at all) of any issues with the applicable blockchain supporting Digital Collectibles including forks, technical node issues or any other issues having fund losses as a result.

17.3 The Digital Collectibles are currently available only on the Ethereum Blockchain. You will not be able to transfer your Digital Collectibles to any digital wallet that is not compatible with the Ethereum Blockchain. In the event that you inadvertently transfer a Digital Collectible with Unlockable functionalities on Aioray, to a digital wallet that is not compatible with the Ethereum Blockchain, your Digital Collectible may be lost or destroyed.

17.4 The Digital Collectibles are transferable blockchain-based non-fungible tokens that evidence a limited licence to Related Content, and, in some cases, a limited licence to Third-Party Content and/or to access Additional Benefits, that is exclusive to the owner and thereby collectible as a form of alienable digital property. Like physical collectibles, the price of non-fungible tokens may be subject to fluctuation based upon broader industry trends and sentiment. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of non-fungible tokens. Unlike cryptocurrencies and other fungible digital assets, non-fungible tokens are not used to make payments. Non-fungible tokens are not mutually interchangeable and cannot be divided into smaller parts. These design features limit the usefulness of non-fungible tokens as a form of payment or substitute for currency. Instead, non-fungible tokens are enjoyed as digital collectibles.

17.5 Your use of the services is at your sole risk. Except as otherwise provided in a writing by us, the services and any content in the services, and any and all related content, third-party content, benefit and digital collectible is provided "as is'' and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. While Aioray attempts to make your use of our services safe, we cannot and do not represent or warrant that our services or servers are free of viruses or other harmful components. In addition, Aioray does not represent or warrant that our services, related content, third-party content, benefits or any digital collectibles are accurate, complete, reliable, current or error-free. You assume the entire risk as to the quality and performance of our services. We will not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, any access to or use of any related content, third-party content, benefit or digital collectible including but not limited to any loss, damage or claim arising from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorised access to applications; or (e) any unauthorised third party activities, including without limitation the use of viruses, phishing, brute-forcing or other means of attack against the site or applicable blockchain.

17.6 The Aioray platform is subject to flaws and acknowledges that you are solely responsible for evaluating any code provided by the Platform. Aioray may experience cyber-attacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions to or delays on the Platform. You accept the risk of the Platform failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses.

17.7 In some cases, Aioray integrates directly with third parties, including but not limited to, online merchant platforms, mailing list platforms, and social media platforms (“Third Party APIs”). Aioray has no control over the uptime and functionality made available through Third Party APIs and as such certain aspects of the Platform could incur an outage outside of Aioray’s control, and certain aspects of the Platform’s functionality could be impacted by changes of features made available through Third Party APIs.

18. Changes to the Terms

18.1 Aioray may modify these Terms, including the addition or removal of terms at any time. Such modifications, additions or deletions will be effective immediately upon posting. The End User’s use of the App shall be deemed to constitute the End User’s acceptance of such modifications, additions or deletions.

19. Choice of law and arbitration

19.1 These Terms are governed by Danish law, regardless of the consequences of international private law. The application of the United Nations Convention on International Purchasing (“CISG”) is excluded.

20. Severability

20.1 If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

21. The Relationship between the Terms and Unlockable Terms

Unlockable Terms may be entered between you and Aioray (“Unlockable Terms”) or between you and the applicable Client, Seller, or Third Party Developer (“Third Party Collectible Terms”). Aioray Unlockable Terms, and any other terms that may be provided with or that you may otherwise agree to in connection with any particular Digital Collectible or Service, are incorporated into, and made a part of, these Terms by this reference. Aioray is not a party to any Third Party Collectible Terms and will not have any responsibility or liability for, arising out of, or relating to any Client, Seller, or Third Party Collectible Terms.

Notwithstanding anything else in any Digital Collectible Terms, these Terms supplement the Unlockable Terms and these Terms will apply to any exercise of any licence in or to any Related Content, any transfer of any Digital Collectible or any other use or disposition of any Digital Collectible; provided that in the event of any conflict or inconsistency between these Terms and any Digital Collectible Terms, the Unlockable Terms will govern. For avoidance of doubt, and notwithstanding anything else in these Terms or any Digital Collectible Terms, if you breach any obligation that you may have to make payments to Aioray pursuant to any Unlockable Terms or these Terms, such breach shall constitute a breach of any and all of these Terms and any applicable Unlockable Terms.

22. Acceptance

22.1 The End User agrees that the End User’s Right to Use is conditioned on the adherence to these Terms and the applicable data protection and privacy policy and that the End User’s initiation of its use of the Site constitutes an acceptance of these Terms. For comments please reach out to support@aioray.com and clearly state your intent and full name. Note that all support regarding your order must be made directly to the

23. Terms of Sale

23.1 How to order

You need an email address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Platform, which includes designing customized items, adding items to your shopping cart and submitting your order.

When you submit an order we will send you an email acknowledging receipt of your order. The Seller will send you an email confirming that the Products have been shipped (“Order Confirmation”), through the Aioray Platform. At this point a contract, containing these Terms of Sale, comes into existence and is binding on you and the Seller (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference. If the Seller is unable to supply you with a product, we or the Seller will inform you of this in writing and will not process the order.

23.2 How to order

Fulfillment of all orders on the Platform is subject to availability. We and the Seller explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we canceled:

• the product is not available / in stock;

• your billing information is not correct or not verifiable;

• your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;

• you are under 16, or under an older age if an older age is permitted under applicable law to enter into an agreement with Nike;

• you are a reseller;

• there was an error in the price displayed on the Platform; or

• we could not deliver to the address provided by you;

• due to an Event Outside Our Control (see below).

23.3 Data Check

When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud. We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted.

23.4 Payment methods

You can pay in either Fiat or Crypto (ETH) to the Seller. We do not accept any method of payment other than those made available upon checkout. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.

23.5 Payment processing

If you pay by credit/debit card, we will deduct the amount due from your account as soon as you complete your checkout. The shipping, refund, and delivery is fully managed by the Seller from which you buy the product on the Aioray App. Aioray has no control over and holds no responsibility for shipping and refunds. Payments can only be processed if the billing information can be verified.

23.6 Title transfer

We retain title in any product(s) until we have received full payment for such product(s).

23.7 Prices and currency

The product prices displayed on products, packaging, signage, or otherwise posted within the Store do not include sales tax. Shipping rates are applied per order. The Seller is responsible for setting up the correct shipping rates.

Prices are quoted and exclusively payable in US dollars.

The prices of the products will be as displayed in the Store. Prices may change from time to time, but changes will not affect any order which has been confirmed in an Order Confirmation.

23.8 The total price

The total price specified in the final check out screen on our Digital Stores includes estimated tax and shipping costs (if applicable). This price, updated to include actual tax, will be recorded in the Order Confirmation for Digital Store orders, which we recommend you print or download for future reference. Shipping costs and actual tax rates is the Sellers responsibility to setup correctly. If you pay by credit or debit card, the total amount for your entire purchase will be reflected on your statement in your local currency.

If your local currency is not in US dollars, your bank or credit card issuer will apply exchange rate and any fees according to terms and regulations applicable to you and the bank/issuer of your credit or debit card. The exchange rate and any fees applied by the bank/issuer are beyond our control.

23.9 Shipping and delivery

23.9.1 Where and when

We do not ship on certain public holidays. Please read closely where you buy your Digital Collectible that unlocks your phygital store, and the Seller, for dates and the available delivery times and methods. The Seller can only fulfill an order to a valid delivery address which is a home or office address in the United States or its territories.

For international shipping, the Seller reserves the right to cancel the order if it is not possible for the Seller to ship the product in a timely manner at a fair price. In which case you will receive a full refund. The refund to you is the Sellers responsibility, if the money has already been paid out to the Seller. In which case the refund is out of Aioray’s control.

23.9.2 Split delivery

The Seller may deliver all items from a single order within a single shipment. However, due to numerous factors, products may be delivered in split shipments. The Seller reserves the right to split the delivery of any order. If the Seller split your order, the Seller must notify you directly of their intention to do so by sending you an e-mail to the e-mail address you provided at the time your order was placed. You will not be charged for any additional delivery costs.

23.9.3 Inspection upon delivery

Upon delivery, please inspect the packaging and product for damage. If it appears that the products are damaged, please do not accept the shipment, and contact Aioray at support@aioray.com for assistance. Aioray will forward your communication to the Seller of your product, and the Seller is responsible for assisting you in the damaged product.

23.10 Shipping rates

23.10.1 Free Shipping

Purchases that exceed certain order thresholds, determined in the Seller and Aioray’s sole discretion, may receive free standard shipping or the option to pay for discounted express shipping.

23.11 Refund and returns

23.11.1 Refund

All custom made or customizable orders are final. This is due to the uniqueness inherent aspects of the order. There are no refunds unless set by applicable law.

23.11.2 Returning defective products

You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. The return In the event your claim is justified, the purchase price and the shipping costs will be refunded directly by the Seller. All communication regarding refunds must be done directly between the Buyer and the Seller, and this is out of Aioray’s control.

We moreover remind you that under EU law, The Seller is liable to you for any lack of conformity in a product that becomes apparent within a minimum of two years from delivery of the product and that you have several statutory rights in this context. The foregoing does not limit these statutory rights in any way.

23.12 Events outside our control

An Event Outside Our Control means any act or event beyond our or the Seller’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks.

If an Event Outside Our or the Seller’s Control takes place that affects the performance of our obligations under these Terms of Sale:

a) The Seller will contact you as soon as reasonably possible to notify you; and

b) The Seller’s obligations under these general conditions will be suspended and the time for performance of Seller’s obligations will be extended for the duration of the Event Outside their Control.

Where the Event Outside the Seller’s Control affects the delivery of a product to you, Seller will arrange a new delivery date with you after the Event Outside Our Control is over. Please see your cancellation rights under Cancellation above.