Standard terms for consumer purchases of goods over the Internet, prepared in accordance with Norwegian consumer protection legislation.
Consumer Purchases ActRight of Withdrawal ActE-Commerce Act
This purchase is governed by the following standard terms and conditions of sale for consumer purchases of goods over the Internet. Consumer purchases over the Internet are mainly regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act and the E-Commerce Act β these laws give the consumer unalterable rights. The laws are available at www.lovdata.no. The terms of this agreement shall not be construed as any limitation of statutory rights, but sets out the parties' most important rights and obligations. These terms of sale have been prepared and recommended by the Danish Consumer Authority.
Articles
01
The Agreement
The agreement consists of these terms of sale, information provided in the ordering solution and any separately agreed terms. In the event of any conflict between the information, what has been specifically agreed between the parties shall prevail, provided that it does not conflict with mandatory legislation.
The agreement will also be completed by relevant legal provisions that regulate the purchase of goods between traders and consumers.
The buyer is the consumer who places the order, and is hereinafter referred to as the buyer.
03
Price
The stated price for the goods and services is the total price the buyer will pay. This price includes all taxes and additional costs. Additional costs that the seller has not informed about before the purchase, the buyer shall not bear.
04
Conclusion of the Agreement
The agreement is binding on both parties when the buyer has sent his order to the seller. However, the agreement is not binding if there have been typing or input errors in the offer from the seller in the ordering solution in the online store or in the buyer's order, and the other party realized or should have realized that such an error existed.
05
Payment
The seller may demand payment for the goods from the time they are shipped from the seller to the buyer. If the buyer uses a credit or debit card to pay, the seller can reserve the purchase price on the card by order. The card will be charged the same day the item is shipped. When paying by invoice, the invoice 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 the age of 18 cannot pay with a subsequent invoice.
06
Delivery
Delivery has occurred when the buyer, or his representative, has taken over the item. If no time of delivery is stated in the order solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the order from the customer. The goods shall be delivered to the buyer unless otherwise specifically agreed between the parties.
07
Risk of the Goods
The risk for the goods passes to the buyer when he, or his representative, has received the goods in accordance with clause 6.
08
Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may cancel the purchase of the item 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 start of the withdrawal period. All calendar days are included in the withdrawal period. If the deadline ends on a Saturday, public holiday or bank holiday, the deadline is extended to the nearest business day. The cancellation deadline is considered to have been met if notification is sent before the deadline expires. The buyer bears the burden of proof that the right of withdrawal has been exercised, and notification should therefore be made in writing (withdrawal form, email or letter). The withdrawal period begins to run:
When purchasing individual items, the cancellation period runs from the day after the item(s) are 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 cancellation 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 period if the seller does not, at the conclusion of the contract, inform the buyer that there is a right of withdrawal and provide a standardised withdrawal form. When exercising the right of withdrawal, the item must be returned to the seller without unnecessary delay and no later than 14 days from the date of notification. The buyer covers the direct costs of returning the goods, unless otherwise agreed or the seller has failed to inform the buyer that the buyer shall cover the return costs. The seller cannot charge a fee for the buyer's use of the right of withdrawal. The seller is obliged to refund the purchase price to the buyer without undue delay, and no later than 14 days from when the seller received notification of the buyer's decision to exercise the right of withdrawal. The seller has the right to withhold payment until the goods have been received from the buyer, or until the buyer has provided documentation that the goods have been returned.
09
Delay and Non-Delivery β Buyer's Rights
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, in accordance with the rules of the Consumer Purchase Act Chapter 5, depending on the circumstances, withhold the purchase price, demand fulfilment, terminate the agreement and/or demand compensation from the seller. In the event of a claim for breach of contract, the notification should be in writing for evidentiary reasons. The buyer can maintain the purchase and demand fulfilment from the seller. However, the buyer cannot demand fulfilment if there is an obstacle the seller cannot overcome, or if fulfilment would result in such great inconvenience or cost to the seller that it is significantly disproportionate to the buyer's interest. The buyer loses the right to demand performance if he or she waits an unreasonable amount of time to present the claim. If the seller does not deliver the goods at the time of delivery, the buyer must encourage the seller to deliver within a reasonable additional period for performance. If the seller does not deliver within the additional period, the buyer can cancel the purchase. The buyer may cancel immediately if the seller refuses to deliver, or if delivery at the agreed time was decisive for the conclusion of the agreement. The buyer may claim compensation for losses 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 β Buyer's Rights
If there is a defect in the goods, the buyer must within a reasonable time after it was discovered or should have been discovered, notify the seller that he or she will claim the defect. The buyer has always complained in timely fashion if it occurs within 2 months from the time the defect was discovered. A complaint can be made no later than 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 period is five years. The buyer can choose between demanding the defect be rectified or delivery of equivalent goods. The seller may oppose the buyer's claim if the implementation is impossible or causes unreasonable costs. Correction or replacement shall be made within a reasonable time. The seller is not entitled to make more than two attempts at remedy for the same deficiency. The buyer may demand an appropriate price reduction if the goods are not repaired or redelivered. The ratio between the reduced and agreed price corresponds to the ratio between the value of the goods in their defective and contractual condition. If special reasons justify it, the price reduction may instead be set equal to the defect's importance to the buyer. If the goods are not corrected or redelivered, the buyer can also cancel the purchase when the defect is not immaterial.
11
Seller's Rights in the Event of Buyer's Default
If the buyer does not pay or fulfil other obligations under the agreement or the law, and this is not due to the seller or circumstances on the seller's part, the seller may, depending on the circumstances, withhold the goods, demand fulfilment of the agreement, demand the agreement be terminated and demand compensation from the buyer. The seller can maintain the purchase and demand that the buyer pay the purchase price. If the item is not delivered, the seller loses the right to claim if he waits an unreasonable amount of time to file the claim. The seller may terminate the agreement if there is material default in payment or other material default on the part of the buyer. The seller cannot withdraw if the full purchase price has been paid. If the seller determines a reasonable additional period for performance and the buyer does not pay within this period, the seller may cancel the purchase. If the buyer does not pay the purchase price according to the agreement, the seller may claim interest under the Late Payment Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to debt collection, and the buyer may be held liable for fees under the Debt Collection Act. If the buyer fails to collect unpaid goods, the seller may charge a fee covering actual delivery expenses. Such a fee cannot be charged to buyers under 18 years of age.
12
Warranty
A warranty provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has according to mandatory legislation. A guarantee therefore does not imply any limitations on the buyer's right to make a complaint and raise claims in the event of delay or defects pursuant to clauses 9 and 10.
13
Personal Data
The data controller for the collected personal data is the seller. Unless the buyer agrees otherwise, the seller, in accordance with the Personal Data Act, can only collect and store the personal data that is necessary in order for the seller to be able to carry out the obligations under the agreement. The buyer's personal information will only be disclosed to others if it is necessary for the seller to carry out the agreement with the buyer, or in statutory cases.
14
Conflict Resolution
Complaints must be addressed to the seller within a reasonable time, cf. points 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is not successful, the buyer can contact the Consumer Council for mediation.