Introduction
This purchase is governed by the following standard terms and conditions for consumer purchases of goods over the Internet. Consumer purchases over the Internet are mainly regulated by the Sale of Goods Act, the Consumer Purchase Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act, and these laws provide consumers with non-negotiable rights. The laws are available at www.lovdata.no. The terms of this agreement shall not be construed as a limitation of the statutory rights, but rather set forth the parties’ most important rights and obligations for the transaction. These terms and conditions have been prepared and recommended by the Consumer Authority. For a better understanding of these terms and conditions, please refer to the Consumer Authority’s guide here.These terms and conditions were worked out by the Norwegian Consumer Authorities. Here is a guide in Norwegian.
1. Agreement
The agreement consists of these terms and conditions, information provided in the ordering solution, and any separately agreed terms. In case of any inconsistency between the information, what is expressly agreed between the parties takes precedence, provided it does not conflict with mandatory legislation. The agreement will also be supplemented by relevant statutory provisions that regulate the purchase of goods between businesses and consumers.
2. Parties
The seller is Emilie Brandshaug, Blinken 17, 1349 RYKKINN, Bærum, emiliebaa@hotmail.com, phone 938 58 645, Org. Number 931 419 390, and is hereinafter referred to as the seller. The buyer is the consumer placing the order and is hereinafter referred to as the buyer.
3. Price
The stated price for the goods and services is the total price the buyer shall pay. This price includes all taxes and additional costs. Additional costs that the seller has not informed the buyer of before the purchase shall not be borne by the buyer.
4. Conclusion of Agreement
The agreement is binding for both parties when the buyer has submitted their order to the seller. However, the agreement is not binding if there have been typographical or clerical errors in the seller’s offer in the online store’s ordering solution or in the buyer’s order, and the other party was aware of or should have been aware of such errors.
5. Payment
The seller may demand payment for the goods from the moment they are dispatched from the seller to the buyer. If the buyer uses a credit card or debit card for payment, the seller may reserve the purchase amount on the card when ordering. The card will be charged on the same day the goods are dispatched. In the case of payment by invoice, the invoice to the buyer will be issued upon shipment of the goods. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt. Buyers under 18 years of age cannot pay by subsequent invoice.
6. Delivery
Delivery is considered complete when the buyer, or their representative, has taken possession of the item. If the delivery time is not specified in the ordering solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the order is placed. The goods shall be delivered to the buyer unless otherwise expressly agreed between the parties.
7. Risk of the Goods
The risk of the goods passes to the buyer when they, or the buyer’s representative, have received the goods in accordance with point 6.
8. Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw from the purchase of the goods in accordance with the Right of Withdrawal Act. The buyer must notify the seller of the exercise of the right of withdrawal within 14 days from the commencement of the period. The deadline includes all calendar days. If the deadline falls on a Saturday, public holiday, or holiday, the deadline is extended to the next working day. The withdrawal deadline is considered met if the notice is sent before the expiry of the deadline. The buyer has the burden of proving that the right of withdrawal has been exercised, and the notice should therefore be made in writing (withdrawal form, email, or letter). The withdrawal period starts:
*For the purchase of individual items, the withdrawal period runs from the day after the item(s) is received.
*If a subscription is sold or the agreement involves regular delivery of identical goods, the deadline runs from the day after the first shipment is received.
*If the purchase consists of multiple deliveries, the withdrawal period runs from the day after the last delivery is received.
The withdrawal period is extended to 12 months after the expiry of the original deadline if the seller does not inform, before the conclusion of the agreement, that there is a right of withdrawal and provide a standardized withdrawal form. The same applies if there is a lack of information about the conditions, deadlines, and procedures for using the right of withdrawal. If the merchant provides the information during these 12 months, the withdrawal period expires 14 days after the day the buyer received the information. When exercising the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days from the notice of the exercise of the right of withdrawal. The buyer covers the direct costs of returning the goods unless otherwise agreed or the seller has failed to inform that the buyer must cover the return costs. The seller cannot charge a fee for the buyer’s use of the right of withdrawal. The buyer may try or test the goods in a reasonable manner to determine the nature, characteristics, and function of the goods without forfeiting the right of withdrawal. If the testing or examination of the goods goes beyond what is reasonable and necessary, the buyer may be liable for any diminished value of the goods. The seller is obliged to refund the purchase price to the buyer without undue delay and no later than 14 days from the seller’s receipt of the notice of the buyer’s decision to exercise the right of withdrawal. The seller has the right to withhold payment until they have received the goods from the buyer or until the buyer has provided documentation that the goods have been returned.
9. Delay and Non-delivery – Buyer’s Rights and Deadline for Claiming
If the seller does not deliver the goods or delivers them late in accordance with the agreement between the parties, and this is not due to the buyer or circumstances on the buyer’s side, the buyer may, according to the rules in Chapter 5 of the Consumer Purchase Act, under the circumstances withhold the purchase price, demand performance, cancel the agreement, and/or claim compensation from the seller. For claims for breach of contract, the notice for evidential purposes should be in writing (e.g., email).
Fulfillment
The buyer can uphold the purchase and demand fulfillment from the seller. However, the buyer cannot demand fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment would entail such a significant inconvenience or cost to the seller that it is disproportionate to the buyer’s interest in having the sale fullfilled. If the obstacles disappear within a reasonable time, the buyer can still demand fulfillment. The buyer loses the right to demand fulfillment if they unreasonably delay in making the claim.
Cancellation
If the seller does not deliver the goods at the agreed-upon time, the buyer must prompt the seller to deliver within a reasonable additional period for fulfillment. If the seller does not deliver the goods within the additional period, the buyer has the right to cancel the purchase. However, the buyer can immediately cancel the purchase if the seller refuses to deliver the goods. The same applies if the agreed-upon delivery time was crucial to the conclusion of the agreement, or if the buyer has notified the seller that the delivery time is crucial. If the item is delivered after the additional period set by the consumer or after the delivery time that was crucial to the conclusion of the agreement, the request for cancellation must be made within a reasonable time after the buyer became aware of the delivery.
Compensation
The buyer can claim compensation for any loss suffered as a result of the delay. However, this does not apply if the seller proves that the delay is due to an obstacle beyond the seller’s control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome.
10. Defects in the Goods – Buyer’s Rights and Complaint Deadline
If there is a defect in the goods, the buyer must notify the seller within a reasonable time after the defect was discovered or should have been discovered. The buyer has always complained in time if it occurs within 2 months of discovering or should have discovered the defect. Complaints can be made up to two years after the buyer took over the goods. If the goods or parts of them are intended to last significantly longer than two years, the complaint deadline is five years. If the goods have a defect, and this is not due to the buyer or circumstances on the buyer’s side, the buyer may, according to the rules in the Consumer Purchase Act Chapter 6, under certain circumstances withhold the purchase price, choose between correction and redelivery, demand a price reduction, demand the agreement canceled, and/or claim compensation from the seller. Complaints to the seller should be made in writing.
Correction or Redelivery
The buyer can choose between demanding the defect to be corrected or the delivery of a similar item. However, the seller may oppose the buyer’s request if the implementation of the request is impossible or causes the seller unreasonable costs. Correction or redelivery must be made within a reasonable time. In principle, the seller is not entitled to make more than two attempts to rectify the same defect.
Price Reduction
The buyer can demand a reasonable price reduction if the goods are not corrected or redelivered. This means that the relationship between the reduced and agreed price corresponds to the relationship between the value of the defective and contractually agreed condition of the item. If there are special reasons for it, the price reduction may instead be set equal to the significance of the defect for the buyer.
Cancellation
If the goods are not corrected or redelivered, the buyer can also cancel the purchase when the defect is not insignificant.
11. Seller’s Rights in Case of Buyer’s Default
If the buyer does not pay or fulfill the other obligations under the agreement or the law, and this is not due to the seller or circumstances on the seller’s side, the seller may, according to the rules in the Consumer Purchase Act Chapter 9, under certain circumstances withhold the goods, demand fulfillment of the agreement, demand the agreement canceled, and claim compensation from the buyer. The seller may also, under certain circumstances, demand interest for delayed payment, collection fees, and a reasonable fee for uncollected goods.
Fulfillment
The seller can insist on the purchase being upheld and demand that the buyer pays the purchase price. If the goods are not delivered, the seller loses the right if they wait unreasonably long to assert the claim.
Cancellation
The seller can cancel the agreement if there is a substantial default in payment or other substantial default on the part of the buyer. However, the seller cannot cancel if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for fulfillment, and the buyer does not pay within this deadline, the seller can cancel the purchase.
Interest on Late Payment/Collection Fee
If the buyer does not pay the purchase price according to the agreement, the seller can demand interest on the purchase price under the Delayed Payment Interest Act. In case of non-payment, the claim, after prior notice, can be sent to collection. The buyer may then be held responsible for fees under the Debt Collection Act.
Fee for Unclaimed Non-Prepaid Goods
If the buyer fails to pick up unpaid goods, the seller can charge the buyer a fee. The fee should cover the seller’s actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years old.
12. Warranty
The warranty provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. Therefore, a warranty does not limit the buyer’s right to complain and claim for delay or defects according to points 9 and 10.
13. Personal Information
The data controller for collected personal information is the seller. Unless the buyer agrees to something else, the seller, in accordance with the Personal Data Act, can only collect and store the personal information necessary for the seller to fulfill the obligations under the agreement. The buyer’s personal information will only be disclosed to others if it is necessary for the seller to fulfill the agreement with the buyer or in cases required by law.
14. Conflict Resolution
Complaints should be directed to the seller within a reasonable time, see points 9 and 10. The parties should attempt to resolve any disputes amicably. If this is unsuccessful, the buyer can contact the Consumer Authority for mediation. The Consumer Authority is available at phone number 23 400 600 or www.forbrukertilsynet.no.
The European Commission’s complaint portal can also be used if you wish to file a complaint, especially if you are a consumer residing in another EU country. The complaint can be filed here: http://ec.europa.eu/odr.