Standard terms of sale for consumer purchases of goods over the Internet
This purchase is governed by the below standard terms and conditions of sale for consumer purchases of goods over the Internet. Consumer purchases over the internet are mainly regulated by the Agreements Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act and the E-Commerce Act, and these laws give the consumer mandatory rights. The laws are available at www.lovdata.no. The terms of this Agreement shall not be understood as any limitation of the statutory rights, but set out the parties’ most important rights and obligations for the trade.
The terms and conditions of sale have been prepared and recommended by the Norwegian Consumer Protection Authority. For a better understanding of these terms and conditions of sale, see the Consumer Protection Authority’s guide here.
1. The Agreement
The agreement consists of these terms and conditions of sale, information provided in the order solution and any specially agreed terms. In the event of any conflict between the information, what has been specifically agreed between the parties takes precedence, provided that it does not contradict mandatory legislation.
The agreement will also be completed by relevant legal provisions regulating the purchase of goods between traders and consumers.
2. The parties
The seller is [Name], [Contact Address], [e-mail], [telephone number], [organization number], and is referred to as the seller/seller as the following.
The Buyer is the consumer who makes the order and is referred to in the following as the Buyer/Buyer.
The stated price for the item and services is the total price the buyer will pay. This price includes all taxes and additional costs. Additional costs that the seller before the purchase has not informed about, the buyer shall not bear.
4. Conclusion of agreements
The agreement is binding on both parties once the buyer has sent their order to the seller.
However, the agreement is not binding if there have been typing or typing errors in the offer from the seller in the order solution in the online store or in the buyer’s order, and the other party realized or should have realized that such an error occurred.
The seller may claim payment for the item from the time it is shipped from the seller to the buyer.
If the buyer uses a credit or debit card at the time of payment, the seller can reserve the purchase price on the card at the time of booking. The card will be charged on the same day the item is shipped.
When paying by invoice, the invoice to 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 invoice.
Delivery is made when the buyer, or his representative, has taken over the thing.
If the delivery time is not stated in the order solution, the seller shall deliver the item to the buyer without undue delay and no later than 30 days after the order from the customer. The item shall be delivered to the buyer unless otherwise specifically agreed between the parties.
7. The risk to the item
The risk of the goods passes to the buyer when he, or his representative, has had the goods delivered in accordance with clause 6.
8. 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 use of the right of withdrawal within 14 days from the time the deadline begins to run. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday or holiday, the deadline is extended to the nearest working day.
The withdrawal period is considered complied with if notification has been sent before the expiry of the deadline. The Buyer has the burden of proof that the right of withdrawal has been exercised, and the notification should therefore take place in writing (withdrawal form, e-mail or letter).
The grace period begins 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 involves the agreement regular delivery of identical goods, the deadline runs from the day after the first shipment is received.
- If the purchase consists of several deliveries, the withdrawal period will run from the day after the last delivery has been received.
The withdrawal period is extended to 12 months after the expiry 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 standardised withdrawal form. The same applies in the event of a lack of information about terms, deadlines and procedures for using the right of withdrawal. If the trader makes sure to provide the information during these 12 months, the withdrawal period still expires 14 days after the day the buyer received the information.
When using the right of withdrawal, the item must be returned to the seller without undue delay and no later than 14 days from the time notification of use of the right of withdrawal is granted. The Buyer covers the direct costs of returning the item, unless otherwise agreed or the Seller has failed to disclose that the Buyer shall cover the return costs. The seller cannot determine the fee for the buyer’s use of the right of withdrawal.
The buyer can try or test the item in a prudent manner to determine the nature, characteristics and function of the item, without the right of withdrawal. If testing or testing of the item goes beyond what is justifiable and necessary, the buyer may be responsible for any reduced value of the item.
The seller is obliged to refund 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 has received the goods from the buyer, or until the buyer has presented documentation that the goods have been sent back.
9. Delay and non-delivery – buyers’ rights and deadline for filing claims
If the seller does not deliver the goods or deliver it too late in accordance with the agreement between the parties, and this is not due to the buyer or circumstances on the buyer’s part, the buyer may, in accordance with the rules of Chapter 5 of the Consumer Purchase Act, in the circumstances withhold the purchase price, demand relief, terminate the agreement and/or claim compensation from the seller.
In the event of a claim for breach of contract, the notification should be in writing for evidence purposes (e.g. e-mail).
The buyer can maintain 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 it is in material disderation in 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 make the claim.
If the seller does not deliver the item 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 item 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 thing 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 within a reasonable time after the buyer learned of the delivery.
The buyer may 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 obstruction beyond seller’s control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome the consequences of.
10. Defects in the item – buyer’s rights and warranty period
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. The buyer has always advertised in time if it happens within 2 months of the defect being discovered or should have been discovered. Complaints can be made no later than two years after the buyer took over the item. If the item or parts of it are intended to last significantly longer than two years, the warranty period is five years.
If the goods have a defect and this is not due to the buyer or circumstances on the buyer’s part, the buyer may, in accordance with the rules of Chapter 6 of the Consumer Purchase Act, in the circumstances withhold the purchase price, choose between correction and re-delivery, demand a price discount, demand the agreement terminated and/or demand compensation from the seller.
Complaints to the seller should be made in writing.
Correction or re-delivery
The buyer can choose between claiming the defect corrected or the delivery of similar things. The Seller may nevertheless object to the buyer’s claim if the execution of the claim is impossible or the seller incurs unreasonable costs. Rectification or replacement shall be made within a reasonable time. In principle, the Seller does not have the right to make more than two remedial attempts for the same defect.
The Buyer may request an appropriate discount if the item is not corrected or relinquished. This means that the relationship between the discounted and the agreed price corresponds to the relationship between the value of the thing in defective and contractual condition. If special reasons speak for this, the price refusal may instead be set equal to the deficiency’s significance for the buyer.
If the item has not been corrected or delivered, 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 the 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, in accordance with the rules of Chapter 9 of the Consumer Purchase Act, in the circumstances withhold the goods, demand fulfillment of the agreement, demand the agreement terminated and demand compensation from the buyer. The seller may also, under the circumstances, charge interest in case of late payment, debt collection fee and a reasonable fee for unclaimed goods.
The Seller may maintain the purchase and require the buyer to pay the purchase price. If the item is not delivered, the seller loses his right if he waits an unreasonably long time to make the claim.
The Seller may terminate the agreement if there is material payment default or other material breach on the part of the Buyer. However, the seller cannot raise if the full 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 may cancel the purchase.
Interest in case of late payment/debt collection fee
If the buyer does not pay the purchase price in accordance with the agreement, the seller may charge interest on the purchase price pursuant to the Interest on Delay Act. In case of non-payment, the claim may, upon prior notice, be sent to the Buyer may then be held liable for a fee pursuant to the Debt Collection Act.
Fee for unclaimed non-prepaid goods
If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee shall cover the seller’s actual expenses to deliver the item to the buyer. Such a fee cannot be charged to buyers under the age of 18.
Warranty given by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. Thus, a warranty does not imply any limitations on the buyer’s right to a complaint and claims for delay or defects pursuant to paragraphs 9 and 10.
13. Personal data
The controller of 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 fulfil the obligations under the agreement. The Buyer’s personal data will only be disclosed to others if it is necessary for the Seller to complete the agreement with the Buyer, or in statutory cases.
14. Dispute Resolution
Complaints are directed to the seller within a reasonable time, cf. sections 9 and 10. The parties shall endeavour to resolve any disputes amicably. If this is not successful, the buyer can contact the Consumer Council for mediation. The Consumer Council is available by phone +47 23 400 500 or www.forbrukerradet.no.
The European Commission’s complaints portal can also be used if you wish to lodge a complaint. This is particularly relevant if you are a consumer resident in another EU country. The complaint is filed here: http://ec.europa.eu/odr.