This purchase is governed by the following standard terms and conditions for consumer purchases of goods via the Internet. Consumer purchases via the internet are primarily regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act, and these laws provide the consumer with non-derogable rights. The laws are available at www.lovdata.no. The terms of this agreement should not be understood as a limitation of the statutory rights, but rather set out the parties' main rights and obligations for the transaction.

The sales terms have been prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these sales terms, see the Norwegian Consumer Authority's guide here.

 

The agreement will also be supplemented by relevant legal provisions regulating the purchase of goods between traders and consumers.

2. The Parties

The seller is [Name], [Contact Address], [e-mail], [phone number], [organization number], and is hereinafter referred to as the seller.

The buyer is the consumer who places 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. Any additional costs not informed by the seller before the purchase shall not be borne by the buyer.

4. Conclusion of the Agreement

The agreement is binding for both parties when the buyer has sent their order to the seller.

However, the agreement is not binding if there has been a typing or printing error in the offer from the seller in the online store's ordering solution or in the buyer's order, and the other party realized or should have realized that such an error existed.

5. Payment

The seller may require payment for the goods from the time they are sent 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 upon ordering. The card will be charged on the same day the goods are shipped.

For invoice payments, the buyer's 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 18 years of age cannot pay by subsequent invoice.

6. Delivery

Delivery has occurred when the buyer, or their representative, has taken possession of the item.

Unless the delivery time is stated in the ordering solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the customer's order. The goods shall be delivered to the buyer unless otherwise specifically agreed upon between the parties.

7. Risk for 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.

8. Right of Withdrawal

Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw from 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 when the deadline begins to run. This period includes all calendar days. If the deadline ends on a Saturday, public holiday, or national holiday, the deadline is extended to the next business day.

The withdrawal period is considered observed if notice is sent before the expiration of the deadline. The buyer bears the burden of proof that the right of withdrawal has been exercised, and the notice should therefore be in writing (withdrawal form, email, or letter).

The withdrawal period begins to run:

• For single item purchases, the withdrawal period runs from the day after the item(s) are received.
• If a subscription is sold, or if 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 period if the seller does not, before the conclusion of the agreement, inform the buyer of the existence of the right of withdrawal and a standardized withdrawal form. The same applies in the event of a lack of information regarding the terms, deadlines, and procedure for exercising the right of withdrawal. If the trader provides the information within these 12 months, the withdrawal period still expires 14 days after the day the buyer received the information.

When exercising the right of withdrawal, the item must be returned to the seller without undue delay and no later than 14 days from the notification of the exercise of the right of withdrawal. The buyer covers the direct costs of returning the item, 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 item in a proper manner to determine its nature, characteristics, and function, without losing the right of withdrawal. If the trial or testing of the item goes beyond what is proper and necessary, the buyer may be liable for any reduced value of the item.

The seller is obliged to repay 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 he has 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 Claim Notification

If the seller does not deliver the goods or delivers them too 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 in chapter 5 of the Consumer Purchases Act, depending on the circumstances, withhold the purchase price, demand performance, cancel the agreement, and/or demand compensation from the seller.

In case of a claim for remedies for breach, the notification should be in writing (e.g., email) for evidentiary purposes.

Performance

The buyer can uphold the purchase and demand performance from the seller. However, the buyer cannot demand performance if there is an impediment that the seller cannot overcome, or if performance would cause such a great inconvenience or cost to the seller that it is in significant disproportion to the buyer's interest in the seller's performance. Should the difficulties disappear within a reasonable time, the buyer may still demand performance.

The buyer loses their right to demand performance if they wait an unreasonably long time to make the claim.

Cancellation

If the seller does not deliver the goods at the time of delivery, the buyer shall urge the seller to deliver within a reasonable additional period for performance. If the seller does not deliver the goods within the additional period, the buyer may cancel the purchase.

However, the buyer can cancel the purchase immediately if the seller refuses to deliver the goods. The same applies if delivery at the agreed time was crucial for the conclusion of the agreement, or if the buyer has informed 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 for the conclusion of the agreement, a claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.

Compensation

The buyer may claim compensation for direct loss incurred as a result of the delay. However, this does not apply if the seller proves that the delay is due to an impediment beyond the seller's control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome its consequences.

10. Defect in the Goods - Buyer's Rights and Complaint Deadline

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 wishes to claim the defect. A complaint is always timely if it is made within 2 months from when the defect was discovered or should have been discovered. Complaints can be made no later than two years after the buyer took possession of the goods. If the item or parts of it are intended to last significantly longer than two years, the complaint period 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, in accordance with the rules in Chapter 6 of the Consumer Purchases Act, depending on the circumstances, withhold the purchase price, choose between rectification and redelivery, demand price reduction, demand cancellation of the agreement and/or demand compensation  from the seller.

Complaints to the seller should be in writing.

Rectification or Redelivery

The buyer can choose between demanding that the defect be rectified or that a corresponding item be delivered. However, the seller may oppose the buyer's demand if its implementation is impossible or causes the seller unreasonable costs. Rectification or redelivery shall be carried out within a reasonable time. The seller is generally not entitled to make more than two attempts to remedy the same defect.

Price Reduction

The buyer may claim an appropriate price reduction if the goods are not rectified or redelivered. This means that the ratio between the reduced and agreed price corresponds to the ratio between the value of the item in defective and contractually compliant condition. If there are special reasons, the price reduction may instead be set equal to the significance of the defect for the buyer.

Cancellation

If the goods are not rectified or redelivered, the buyer may also cancel the purchase if the defect is not insignificant.

11. Seller's Rights in Case of Buyer's Breach

If the buyer fails to pay or fulfill other obligations under the agreement or law, and this is not due to the seller or circumstances on the seller's side, the seller may, in accordance with the rules in Chapter 9 of the Consumer Purchases Act, depending on the circumstances, withhold the goods, demand performance of the agreement, demand cancellation of the agreement, and demand compensation from the buyer. The seller may also, depending on the circumstances, demand interest on late payment, debt collection fees and a reasonable fee for unclaimed goods.

Performance

The seller may uphold the purchase and demand that the buyer pay the purchase price. If the goods have not been delivered, the seller loses their right if they wait an unreasonably long time to make the claim.

Cancellation

The seller may cancel the agreement if there is a material payment default or other material breach on the buyer's part. However, the seller cannot cancel if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for performance and the buyer does not pay within this deadline, the seller may cancel the purchase.

Interest on late payment/debt collection fees

If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price in accordance with the Act relating to interest on overdue payments. In the event of non-payment, the claim may, after prior notice, be sent for collection. The buyer may then be held liable for fees under the Debt Collection Act.

Fee for unclaimed, non-prepaid goods

If the buyer fails to pick up unpaid goods, the seller may charge the buyer a fee. The fee shall at most cover the seller's actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age.

12. Warranty

A warranty given by the seller or manufacturer grants the buyer rights in addition to those the buyer already has under mandatory law. A warranty therefore does not imply any limitations on the buyer's right to complain and claim in case of delay or defects under points 9 and 10.

13. Personal Data

The data controller for collected personal data is the seller. Unless the buyer agrees otherwise, the seller may, in accordance with the Personal Data Act, only collect and store the personal data necessary for the seller to fulfill its obligations under the agreement. The buyer's personal data 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. Dispute Resolution

Complaints should be directed 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 may contact the Norwegian Consumer Authority for mediation. The Norwegian Consumer Authority is available by phone at 23 400 600 or at www.forbrukertilsynet.no.

The European Commission's online dispute resolution platform can also be used if you wish to submit a complaint. This is particularly relevant if you are a consumer residing in another EU country. Complaints can be submitted here: http://ec.europa.eu/odr.