Terms & conditions
Introduction
This purchase is governed by the following standard conditions of sale for consumer purchases of goods over the Internet. Consumer purchases over the internet are mainly regulated by the contract law, consumer purchase law, marketing law, withdrawal law and e-commerce law, and these laws give the consumer mandatory rights. The laws are available on www.lovdata.no. The terms of this agreement shall not be understood as a limitation on the statutory rights, but sets up the parties’ most important rights and obligations for the trade.
The conditions of sale have been prepared and recommended by the Consumer Authority. For a better understanding of these terms of sale, see Consumer Authority’s supervisor here.
1. Agreement
The agreement consists of these terms of sale, information provided in the ordering solution and, where applicable, specially agreed terms. In the event of a conflict between the information, what has been specifically agreed between the parties is before, provided that it does not conflict with mandatory legislation.
The agreement will also be completed by relevant legal provisions governing the purchase of goods between traders and consumers.
2. Parties
Seller is [Martin-Turbo], [Røykenveien 20 , 3427 Lier, Norway], [[email protected]], [46237714], [934154932], and is hereinafter referred to as the seller/seller.
The buyer is the consumer who makes the order, and is hereinafter referred to as the buyer/buyer.
3. Price
The stated price for the item and services is the total price the buyer should pay. This price includes all fees and additional costs. Additional costs that the seller has not informed about before the purchase has been made, the buyer shall not bear.
4. Appointment
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 writing or typing 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 there was such an error.
5. Payments
The seller may demand payment for the item from the time it is sent from the seller to the buyer.
If the buyer uses a credit or debit card for payment, the seller can reserve the purchase price on the card at the time of ordering. The card will be charged on the same day that the item is shipped.
Upon payment by invoice, the invoice of the buyer is issued upon shipment of the item. The payment deadline is stated in the invoice and is a minimum of 14 days from receipt.
Buyers under the age of 18 cannot pay with subsequent invoices.
6. Delivery
Delivery is made when the buyer, or his representative, has taken over the thing.
If the delivery time is not 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 order from the customer. The goods shall be delivered to the buyer unless otherwise specifically agreed between the parties.
7. The risk of the commodity
The risk of the goods passes to the buyer when he, or the buyer’s representative, has had the goods delivered in accordance with paragraph 6.
8. Right of withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may regret the purchase of the item according to the right of withdrawal.
The buyer must notify the seller of the use of the right of withdrawal within 14 days from the deadline begins to run. The deadline includes all calendar days. If the deadline ends on a Saturday, holiday or holiday, the deadline is extended to the nearest business day.
The deadline for withdrawal is considered to be met if the notification has been sent before the expiry of the deadline. The buyer has the burden of proof that the right of withdrawal has been applied, and the notification should therefore be made in writing (cancellation form, e-mail or letter).
The deadline for repression starts to run:
- When purchasing individual goods, the withdrawal period will run from the day after the item(s) have been received.
- If a subscription is sold, or if the agreement involves regular delivery of identical goods, the deadline will run from the day after the first shipment has been received.
- If the purchase consists of several deliveries, the withdrawal deadline will run from the day after the last delivery has been received.
The deadline for withdrawal is extended to 12 months after the end of the original deadline if the seller does not state before the conclusion of the agreement that there is a right of withdrawal and a standardized withdrawal form. The same applies in the event of lack of information about conditions, deadlines and methods for using the right of withdrawal. If the trader makes sure to provide the information during these 12 months, the withdrawal period will still expire 14 days after the day the buyer received the information.
When using the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days from notification of the use of the right of withdrawal is given. The buyer covers the direct costs of returning the goods, unless otherwise agreed or the seller has failed to disclose that the buyer should cover the return costs. The seller cannot set a fee for the buyer’s use of the right of withdrawal.
The buyer can test or test the goods in a proper manner to determine the nature, characteristics and function of the goods, without the right of withdrawal falling away. If the testing or testing of the goods goes beyond what is justifiable and necessary, the buyer may be responsible for any reduced value of the goods.
The seller is obliged to repay the purchase price to the buyer without undue delay, and no later than 14 days from the seller was notified of the buyer’s decision to use the right of withdrawal. The seller has the right to withhold payment until he/she 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 reporting claims
If the seller does not deliver the goods or delivers it too late in accordance with the agreement between the parties, and this is not due to the buyer or circumstances on the part of the buyer, the buyer may, according to the rules of chapter 5 of the consumer law in the circumstances holding the purchase price back, demand fulfilparlance, elevate the agreement and/or claim indemnity from the seller.
In the event of a claim for breach of contract, the notification should for reasons of evidence be in writing (for example e-mail).
Fulfillment
The buyer can retain the purchase and demand fulfillment from the seller. However, the buyer cannot claim fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment will entail such a great disadvantage or cost to the seller that there is a significant disparity to the buyer’s interest in the seller fulfilling. Should the difficulties fall away within a reasonable time, the buyer may nevertheless demand fulfillment.
The buyer loses his or her right to demand fulfillment if he or she waits unreasonably long to advance the claim.
Raising
If the seller does not deliver the goods at the time of delivery, the buyer shall encourage the seller to deliver within a reasonable additional deadline for fulfillment. If the seller does not deliver the goods within the additional deadline, the buyer can cancel the purchase.
However, the buyer can cancel the purchase immediately if the seller refuses to deliver the item. The same applies if delivery at the agreed time was decisive for the conclusion of the agreement, or if the buyer has informed the seller that the time of delivery is decisive.
If the item is delivered after the additional deadline set by the consumer or after the time of delivery that was decisive for the conclusion of the agreement, the claim for cancellation must be made applicable within a reasonable time after the buyer learned of the delivery.
Compensation
The Buyer may claim compensation for a loss due to the delay. However, this does not apply if the seller proves that the delay is due to obstruction beyond the seller’s control which could not reasonably have been taken into account at the time of the agreement, avoided, or overcome the consequences of.
10. Lack of goods – buyer’s rights and deadline for complaints
If there is a defect in the item, the buyer must within a reasonable time after it was discovered or should have been discovered, notify the seller that he or she will invoke the defect. Buyer has always advertised in time if it happens within 2 months from when the defect was discovered or should have been discovered. Complaints may be made no later than two years after the buyer took over the goods. If the item or parts of it are intended to last substantially longer than two years, the warranty period is five years.
If the item has a defect and this is not due to the buyer or conditions on the buyer’s side, the buyer can, according to the rules of the consumer purchase act chapter 6 according to the circumstances holding the purchase price back, choose between rectification and redelivery, demand discount, demand the agreement lifted and/or demand indemnity from the seller.
Complaints to the seller should be made in writing.
Correction or redelivery
The buyer can choose between requiring the defect rectified or the delivery of similar things. The seller may nevertheless oppose the buyer’s claim if the implementation of the claim is impossible or causes the seller unreasonable costs. Correction or redelivery shall be carried out within a reasonable time. The seller basically does not have the right to make more than two remedial attempts for the same deficiency.
Price reduction
The buyer may demand an appropriate price reduction if the goods are not corrected or redelivered. This means that the relationship between reduced and agreed price corresponds to the relationship between the value of the thing in inadequate and contractual condition. If special reasons speak for this, the price reduction may instead be set equal to the significance of the defect for the buyer.
Raising
If the item is not corrected or redelivered, the buyer can also cancel the purchase when the defect is not immaterial.
11. The seller’s rights in the case of the buyer’s default
If the buyer does not pay or fulfil the other obligations under the agreement or the law, and this is not due to the seller or conditions on the seller’s side, the seller may, according to the rules of the consumer purchase act chapter 9, according to the circumstances held item back, demand fulfilment of the agreement, claim the agreement raised as well as demand indemnity from the buyer. The seller may also, in the circumstances, demand interest on late payment, collection fee and a reasonable fees for unclaimed goods.
Fulfillment
The seller may retain the purchase and require the buyer to pay the purchase price. If the goods are not delivered, the seller loses his right if he waits unreasonably long to make the claim.
Raising
The seller may terminate the agreement if there is a material breach of payment or other material breach on the part of the buyer. However, the seller cannot raise if the entire purchase price has been paid. Providing the seller 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/debate fee
If the buyer does not pay the purchase price under the agreement, the seller may charge interest on the purchase price under the delay interest law. In case of non-payment, the claim may, after prior notice, be sent to a debt collection. The buyer can then be held responsible for the fee under the debt collection law.
Fees for unclaimed non-prepaid goods
If the buyer fails to pick up unpaid goods, the seller may charge the buyer with a fee. The fee shall cover the seller’s actual outlay to deliver the goods to the buyer. Such a fee may not be charged to buyers under 18 years of age.
12. Guarantee
Warranty provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A guarantee thus does not imply any restrictions on the buyer’s right to complaint and claims for delay or defects under paragraphs 9 and 10.
13. Personalinformation
The data controller for collected personal data is the seller. Unless the buyer consents otherwise, the seller may, in accordance with the personal data law, only collect and store the personal data necessary for the seller to be able to carry out the obligations under the agreement. The buyer’s personal data 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 are addressed to the seller within a reasonable time, cf. points 9 and 10. The parties shall attempt to resolve any disputes amicably. If this fails, the buyer can contact the Consumer Authority for mediation. Consumer Authority is available by phone 23 400 600 or www.consumerstilsynet.no.
The European Commission complaint portal can also be used if you wish to file a complaint. This is particularly relevant if you are a consumer resident of another EU country. The complaint is filed here: http://ec.europa.eu/odr.