
Terms of sale
Contract
The contract consists of these Sales Conditions,information given in the ordering solution, and anyspecially agreed conditions. In the event of a conflictbetween pieces of information, precedence goes towhat has been specially agreed between the parties,as long as this does not conflict with mandatorylegislation.
In addition, the contract will be complemented byrelevant statutory provisions that regulate the pur-chase of goods between traders and consumers.Contract
Price
The stated price for the good and services is thetotal price to be paid by the Purchaser. This priceincludes all taxes and additional costs. The Pur-chaser shall not be charged for any further costsof which the Seller has not informed the Purchaserbefore the purchase.
Conclusion of contract
The contract is binding for both parties as soon asthe Purchaser has sent the order to the Seller.
However, a party is not bound by the contract ifthere are orthographical or typological errors inthe offer from the Seller in the ordering solutionof the online shop or in the Purchaser’s order, andthe other party realised or should have realisedthat such an error was present.
Payment
The Seller may charge the Purchaser for the goodfrom the time it is sent from the Seller to thePurchaser.
If the Purchaser uses a credit or debit card to makethe payment, the Seller may hold the funds on thecard when the order is placed. The card will becharged on the same day the good is sent.
If the Seller offers post-delivery invoicing, theinvoice shall be issued when the good is dispatched.The due date shall be written on the invoice andmust be a minimum of 14 days from when thePurchaser receives the delivery.
Purchasers under the age of 18 may not pay viapost-delivery invoicing.
Delivery
Delivery has occurred once the Purchaser or his/her representative has taken possession of the item.
If the delivery time is not stated in the orderingsolution, the Seller shall deliver the good to thePurchaser within a reasonable time frame and nolater than 30 days after the order is placed by thecustomer. The good shall be delivered to thePurchaser unless other, special arrangements aremade between the parties.
Product risk
Product risk is assumed by the Purchaser as soonas the item is taken over by the Purchaser or his/her representative in accordance with Section 6.
Right to cancel
Unless the contract is exempt from the right tocancel, the Purchaser may cancel the order inaccordance with the Cancellation Act.
The Purchaser must inform the Seller that he/shewill exercise this right within 14 days after thestart of the cancellation period. This time limitincludes all calendar days. If the period ends on aSaturday, Sunday or public holiday, the period willbe extended until the next business day.
The deadline to exercise one’s right to cancel willbe seen as met if notice is sent before the end ofthe cancellation period. The Purchaser has theburden of proof for demonstrating that the right has been asserted, and notice must therefore besubmitted in writing (via the cancellation form,email or letter).
The cancellation period begins as follows:
• In the purchase of individual goods, thecancellation period will begin on the dayafter the good is/goods are received.
• If a subscription is being sold, or the contractcontains the regular delivery of identical goods,the period begins on the day after thefirst shipment is received.
• If the purchase consists of several deliveries,the period will begin on the day after thefinal delivery is received.
The cancellation period will be extended to 12months after the end of the original period shouldthe Seller not inform the Purchaser of the right tocancel and the standard cancellation form beforethe conclusion of the contract. This will also applyif information on terms and conditions, time limitsand procedures for exercising the right to cancel isinsufficient. However, if the trader gives this infor-mation during these 12 months, the cancellation pe-riod ends 14 days after the day the Purchaser re-ceived the information.
When the right to cancel is exercised, the goodmust be returned to the Seller within a reasonableamount of time and no later than 14 days after no-tice has been given on the intention to exercisethe right. The Purchaser must cover the directcosts associated with returning the good, unlessotherwise agreed or the Seller has not informedthe Purchaser that he/she has to cover the returncosts. The Seller may not set fees for the Purchaser’suse of the right to cancel.
The Purchaser may check or test the good in anappropriate manner in order to determine thenature, properties and function of the good withoutaffecting the right to cancel. If the checking ortesting goes beyond what is reasonable and ne-cessary, the Purchaser may be responsible for anyreduction in the good’s original value.The Seller is obligated to pay back the purchasesum to the Purchaser without undue delay, and nolater than 14 days after the Seller received noticeon the Purchaser’s decision to exercise the right tocancel. The Seller has the right to retain the repay-ment until it has received the goods from the Pur-chaser, or until the Purchaser has documented thatthe goods have been sent back.
Delays and non-delivery:the Purchaser’s rights and timelimit to make a claim
If the Seller does not deliver the good or delivers itlate according to the terms of the parties’ contract,and this is not due to the Purchaser or to conditionson the part of the Purchaser, the Purchaser may,in accordance with Chapter 5 of the ConsumerPurchases Act, withhold the purchase sum, de-mand performance of the contract, terminate thecontract and/or demand compensation from theSeller, according to the relevant circumstances.
For demands of remedy for breach of contract,notice should be given in writing for the purposesof documentation (e.g. by email).
Performance
The Purchaser may affirm the purchase and demandperformance from the Seller. The Purchaser maynot however demand performance if there is abarrier to performance the Seller cannot overcome,or if performance would cause a great disadvantageor expense to the Seller that is out of proportion tothe Purchaser’s interest in the performance. Shouldthese obstacles be removed within a reasonableamount of time, however, the Purchaser maydemand performance.
The Purchaser loses his/her right to demand per-formance if he/she waits an unreasonably longtime to make the claim.
Termination
If the Seller does not deliver the good at the timeset for delivery, the Purchaser shall call on theSeller to deliver within a reasonable additionaltime frame for performance. If the seller does notdeliver the good within the additional time frame,the Purchaser may cancel the purchase.
The Purchaser may however cancel the purchaseimmediately if the Seller refuses to deliver the good.This also applies to cases in which delivery at theagreed time was a decisive factor in the conclusionof the contract, or if the Purchaser has informedthe Seller that the delivery time is a decisivefactor.
If the item is delivered after the additional timeframe set by the consumer or after the deliverytime that was a decisive factor in the conclusion of the contract, termination must be asserted withina reasonable time frame after the Purchaser wasinformed of the delivery.
Compensation
The Purchaser may demand compensation for lossesincurred as a result of the delay. However, this doesnot apply to cases in which the Seller can assert thatthe delay was due to obstacles outside the Seller’scontrol that could not have reasonably been fore-seen at the time the contract was concluded, couldnot have been avoided or the consequences ofwhich could not have been overcome.
Price reduction
The Purchaser may demand a suitable price redu-ction if the good is not repaired or replaced. Thismeans that that relation between the reducedand originally agreed price corresponds to therelation between the item’s value in defectivecondition and the condition according to the originalcontract. If special circumstances call for it, theprice reduction may instead correspond to thedefect’s impact on the Purchaser.
Termination
If the good is not repaired or replaced, the Purchasermay also cancel the purchase in cases where thedefect is not immaterial.
interest on the purchase sum according to the ActRelating to Interest on Overdue Payments. In caseswhere payment is not made, the debt may be sentfor collection after a warning has been issued, andthe Purchaser may then be held responsible forfees according to the Act relating to Debt Collectionand Other Debt Recovery.
Fees for uncollected, non-prepaid items
If the Purchaser fails to collect unpaid goods, theSeller may charge the Purchaser a fee. The fee shallat maximum cover the Seller’s actual expenses fordelivering the good to the Purchaser. Purchasersunder 18 years of age cannot be charged this fee.
Defective goods:the Purchaser’s rights andtime limit to give notice
If the good is defective, the Purchaser must notifythe Seller that he/she wishes to invoke the defectwithin a reasonable amount of time after the defectwas discovered or should have been discovered.The Purchaser is always considered to have giventimely notice if it occurs within two months afterthe defect was discovered or should have beendiscovered. Notice may be given no later than twoyears after the Purchaser took possession of thegood. If the good or parts of it are meant to lastconsiderably longer than two years, this deadlineis extended to five years.
If the good has a defect and this is not due to thePurchaser or to conditions on the part of thePurchaser, the Purchaser may, in accordance withChapter 6 of the Consumer Purchases Act, withholdthe purchase sum, choose between repair andreplacement, demand a price reduction, demand thatcontract be terminated and/or demand compensa-tion from the Seller, according to the relevant cir-cumstances.
Notice should be given to the Seller in writing.
Repair or replacement
The Purchaser may choose between having thedefect repaired or the delivery of an equivalent item.The Seller may however oppose the Purchaser’sclaim if carrying out the claim is impossible or causesthe Seller to incur unreasonable expenses. Repairor replacement shall be performed within a reason-able amount of time. The Seller does not as a rulehave the right to more than two attempts to curefor the same defect.
Seller’s rights in case ofPurchaser’s breach of contract
If the Purchaser does not pay or otherwise fulfilhis/her duties according to the contract and/or thelaw, and this is not due to the Seller or to conditionson the part of the Seller, the Seller may, in accor-dance with the rules in Chapter 9 of the ConsumerPurchases Act, withhold the good, demand perfor-mance of the contract, terminate the contract anddemand compensation from the Purchaser, accor-ding to the relevant circumstances. The Seller mayalso, according to the relevant circumstances, chargeinterest for late payment, a collection fee and areasonable fee for uncollected goods.
Fulfilment
If the Purchaser does not pay, the Seller may af-firm the purchase and demand that the Purchaserpay the purchase sum. If the good is not delivered,the Seller will lose its right if it takes an unreaso-nably long time to make the claim.
Termination
Upon significant non-payment breach or any oth-er significant breach by the Purchaser, the Sellermay terminate the contract. However, the Sellermay not terminate the contract after the purchasesum has been paid. The Seller may also terminatethe purchase if the Purchaser does not pay withina reasonable additional time frame for fulfilmentset by the Seller.
Interest relating to late payment/collection fee
If the Purchaser does not pay the purchase sumspecified in the contract, the Seller may charge interest on the purchase sum according to the ActRelating to Interest on Overdue Payments. In caseswhere payment is not made, the debt may be sentfor collection after a warning has been issued, andthe Purchaser may then be held responsible forfees according to the Act relating to Debt Collectionand Other Debt Recovery.
Fees for uncollected, non-prepaid items
If the Purchaser fails to collect unpaid goods, theSeller may charge the Purchaser a fee. The fee shallat maximum cover the Seller’s actual expenses fordelivering the good to the Purchaser. Purchasersunder 18 years of age cannot be charged this fee.
Warranties
Warranties given by the Seller or manufacturergive the Purchaser additional rights beyond thosemandatory rights he/she has by mandatory law.Thus, a warranty does not imply any limitation onthe Purchaser’s right to give notice or make claimsin case of delay or defect according to Sections9 and 10.
Personal data
The Seller is the party responsible for handlingcollected personal data. Unless the Purchaserconsents otherwise, the Seller may only obtain andstore whatever personal data is necessary for theSeller to complete its duties according to the con-tract. The Purchaser’s personal data shall only begiven to others if this is necessary for the Seller tofulfil the contract with the Purchaser, or in caseswhere this is required by law.
Conflict resolution
Claims must be directed to the Seller within areasonable time frame in accordance with Sections9 and 10. The parties shall attempt to resolve anydisputes out of court. If this is not successful, thePurchaser may contact the Consumer Council ofNorway for mediation. The Consumer Council maybe reached on (+47) 23 400 500 or atwww.forbrukerradet.no