Standard terms of sale for consumer purchases of goods over the Internet
Introduction
This purchase is regulated by the below standard terms of sale for consumer purchases of goods over the Internet. Consumer purchases over the internet are mainly governed by the Contracting Act, the Consumer Purchase Act, the Marketing Act, the Withdrawal Act and the E-Commerce Act, 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 any limitation to the statutory rights, but state the parties' most important rights and obligations to the trade.
The terms of sale have been prepared and recommended by the Consumer Protection Authority. For a better understanding of these terms of sale, see the Consumer Protection Authority's guide here.
1. The Agreement
The agreement consists of these terms of sale, information provided in the booking solution and, if applicable, specially agreed terms. In the event of a conflict between the information, what is specifically agreed between the parties in front shall be required unless it contravenes mandatory legislation.
The agreement will also be filled out by relevant legal provisions governing the purchase of goods between the trader and consumers.
2. The Parties
The seller is Buchner Beate, Alværnlia 3, 1453 Bjørnemyr, beate@buchner.no, (+47) 46 84 73 43, Org. No. 986260153, and is referred to as the seller/seller.
The buyer is the consumer who makes the order and is referred to as the buyer/buyer.
3. Price
The quoted price for the item and services is the total price the buyer must pay. This price includes all taxes and additional costs. Additional costs that the seller before the purchase has not been informed, the buyer shall not bear.
4. Conclusion of agreement
The agreement is binding on both parties once the buyer has sent his order to the seller.
However, the agreement is not binding if there have been write or key 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 a mistake existed.
5. Payment
The seller may charge the item from the time it is shipped from the seller to the buyer.
If the buyer uses a credit or debit card upon 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 that the item is shipped.
Upon payment by invoice, the invoice to the buyer is issued upon shipment of the item. The payment deadline is stated in the invoice and is at least 14 days from receipt.
Buyers under the age of 18 cannot pay with subsequent invoice.
6. Delivery
Delivery is done 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 item
The risk of the item going to the buyer when he, or his representative, has had the goods delivered in line with clause 6.
8. Right of withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may regret the purchase of the goods under the Right of Withdrawal Act.
The buyer must notify the seller of the use of the right of withdrawal within 14 days of the deadline starting to run. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday or holiday day, the deadline is extended to the nearest business day.
The withdrawal deadline is considered complied with if the notification has been sent before the end of the deadline. The buyer has the burden of proof that the right of withdrawal has been applied, and the notice should therefore be made in writing (withdrawal form, e-mail or letter).
The withdrawal deadline starts to run:
- When purchasing individual goods, the withdrawal period will run from the day after the item(s) have been received.
- Sold a subscription, 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 end of the original deadline if the seller does not inform the agreement that there is a right of withdrawal and standardised withdrawal form. The same applies in the event of a lack of information on conditions, deadlines and procedures for using the right of withdrawal. If the trader is able 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 goods must be returned to the seller without undue delay and no later than 14 days from the notification of the use of the right of withdrawal. The buyer covers the direct costs of returning the goods, unless otherwise agreed or the seller has failed to state 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 may test or test the item in a proper manner to determine the nature, characteristics and function of the goods, without the right of withdrawal falling away. If testing or testing of the goods goes beyond what is justifiable and necessary, the buyer may become 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 when the seller was notified of the buyer's decision to use the right of withdrawal. The seller has the right to withhold the payment until he has received the goods from the buyer, or until the buyer has submitted documentation that the goods have been sent back.
9. Delay and non-delivery – buyers' rights and deadline for reporting claims
If the seller does not deliver the item or delivers it too late under the agreement between the parties, and this is not due to the buyer or conditions on the part of the buyer, the buyer may, according to the rules of Chapter 5 of the Consumer Purchase Act, in accordance with the circumstances, withholdthe purchase price, demand fulfillment, terminate the agreement and/or claim compensation from the seller.
In the event of a breach of contract, the notification for evidence reasons should be in writing (e.g. e-mail).
Fulfillment
Buyer may maintain the purchase and demand fulfillment from the seller. However, the buyer may not claim fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment will entail such a large inconvenience or cost to the seller that it is in significant disreacondition for the buyer's interest in the seller fulfilling. Should the difficulties lapse within a reasonable time, the buyer may still require fulfillment.
The buyer loses his right to claim fulfillment if he or she waits unreasonably long to make the claim.
Elevation
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 may 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 essential for the conclusion of the agreement, or if the buyer has notified the seller that the time of delivery is essential.
If the item is delivered after the additional deadline the consumer has set or after the time of delivery that was essential to the conclusion of the agreement, the claim for termination must be made within a reasonable time after the buyer learned of the delivery.
Replacement
The buyer may claim compensation for suffered loss as a result of the delay. However, this does not apply if the seller agrees 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 agreement, avoided, or overcome the consequences of.
10. Lack of goods – buyer's rights and warranty period
If there is a defect in the item, the buyer must be purchased 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 on time if it happens within 2 months of the defect being discovered or should have been discovered. Complaints can take place no later than two years after the buyer took over the item. If the item or part of it is 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 may, according to the rules of the Consumer Purchase Act Chapter 6, according to the circumstances, withholdthe purchase price, choose between correction and resupply,claim price reduction,claim the agreement raised and/or claim compensation from the seller.
Complaints to the seller should be made in writing.
Correction or redelivery
The buyer can choose between claiming the defect directed or the delivery of corresponding things. Seller may still object to the buyer's claim if the implementation of the claim is impossible or insethr whether the seller is unreasonable. Correction or redelivery shall be carried out within a reasonable time. The seller is not initially entitled to make more than two relief attempts for the same defect.
Price reduction
The buyer may require an appropriate price discount if the item is not corrected or converted. This implies that the relationship between the discounted and the agreed price corresponds to the relationship between the value of the thing in inadequate and contractual condition. If particular reasons speak for it, the price refusal may instead be set equal to the significance of the defect to the buyer.
Elevation
If the item is not corrected or converted, 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 pursuant to the agreement or the law, and this is not due to the seller or conditions on the seller's part, the seller may, according to the rules of the Consumer Purchase Act Chapter 9, in accordance with the circumstances, withholdthe goods,claim compliance with the agreement, claim the agreement raised and claim compensation from the buyer. The seller will also, in the circumstances, be able to charge interest in case of delayed payment, debt collection fee and a reasonable fee for unclaimed goods.
Fulfillment
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 unreasonably long to make the claim.
Elevation
Seller may terminate the agreement if there is a material payment default or other material breach of contract 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 on delayed payment/debt collection fee
If the buyer does not pay the purchase price under the agreement, the seller may claim interest on the purchase price pursuant to the Delay Rate Act. In case of non-payment, the claim may, after prior notice, be sent to buyer may then be held liable for fees pursuant to the Debt Collection Act.
Non-prepaid goods fee
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 in order to deliver the item to the buyer. Such a fee may not be charged to buyers under the age of 18.
12. Warranty
Warranty provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A warranty thus does not imply any limitations on the buyer's right to claim and claim in case of delay or defects pursuant to sections 9 and 10.
13. Personal Data
The data controller for collected personal data is a 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 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 complete the agreement with the buyer, or in the statutory case.
14. Dispute Resolution
Complaints are directed to the seller within a reasonable time, cf. sections 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is not successful, the buyer can contact the Consumer Protection Authority for mediation. The Consumer Protection Authority is available by phone 23 400 600.
The European Commission's complaints portal can also be used if you wish to lodge a complaint. It is particularly relevant, if you are a consumer resident of another EU country. The complaint is filed here: http://ec.europa.eu/odr.