Terms of service
Standard Sales Conditions for Consumer Purchases of Goods over the Internet
Introduction
This purchase is regulated by the Standard Sales Conditions for Consumer Purchases of Goods over the Internet set out below. Consumer purchases over the Internet are primarily regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Cancellation Act and the E-Commerce Act, and these laws give consumers mandatory rights. The laws are available at www.lovdata.no. The terms of this agreement shall not be understood as limiting statutory rights, but set out the parties’ most important rights and obligations in relation to the purchase.
The Sales Conditions have been prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these Sales Conditions, see the Norwegian Consumer Authority’s guide here.
1. The contract
The contract consists of these Sales Conditions, the information provided in the ordering solution and any separately agreed terms. In the event of a conflict between the information, what has been specifically agreed between the parties shall take precedence, provided that it does not conflict with mandatory legislation.
The contract will also be supplemented by relevant statutory provisions governing the purchase of goods between traders and consumers.
2. The parties
The Seller is Nonfigurativt AS, Florvågøen 152A, 5305 Florvåg, marcus.froyset@gmail.com, +4795529696, organisation no.: 833521152, and is hereinafter referred to as the Seller.
The Purchaser is the consumer who places the order and is hereinafter referred to as the Purchaser.
3. Price
The stated price for the goods and services is the total price to be paid by the Purchaser. This price includes all taxes and additional costs. The Purchaser shall not bear any further costs of which the Seller did not inform the Purchaser before the purchase.
4. Conclusion of the contract
The contract is binding on both parties once the Purchaser has submitted the order to the Seller.
The contract is nevertheless not binding if the Seller’s offer in the online store’s ordering solution or the Purchaser’s order contains a spelling or typing error, and the other party realised or should have realised that such an error existed.
5. Payment
The Seller may demand payment for the goods from the time they are dispatched from the Seller to the Purchaser.
If the Purchaser uses a credit card or debit card for payment, the Seller may reserve the purchase amount on the card when the order is placed. The card will be charged on the same day the goods are dispatched.
When payment is made by invoice, the invoice will be issued to the Purchaser when the goods are dispatched. The payment deadline is stated on the invoice and shall be at least 14 days from receipt.
Purchasers under the age of 18 may not pay by subsequent invoice.
6. Delivery
Delivery has taken place when the Purchaser, or the Purchaser’s representative, has taken possession of the item.
If the delivery date is not stated in the ordering solution, the Seller shall deliver the goods to the Purchaser without undue delay and no later than 30 days after the customer’s order. The goods shall be delivered to the Purchaser unless otherwise specifically agreed between the parties.
7. Risk relating to the goods
Risk relating to the goods passes to the Purchaser when the Purchaser, or the Purchaser’s representative, has received the goods in accordance with section 6.
8. Right to cancel
Unless the agreement is exempt from the right to cancel, the Purchaser may cancel the purchase of the goods in accordance with the Cancellation Act.
The Purchaser must notify the Seller that the right to cancel is being exercised within 14 days from the date on which the cancellation period begins. The period includes all calendar days. If the period ends on a Saturday, public holiday or bank holiday, it is extended to the next business day.
The cancellation period is deemed to have been met if notice is sent before the period expires. The Purchaser has the burden of proving that the right to cancel has been exercised, and notice should therefore be given in writing (cancellation form, email or letter).
The cancellation period begins:
- For purchases of individual goods, on the day after the goods are received.
- If a subscription is sold, or the agreement entails regular delivery of identical goods, on the day after the first delivery is received.
- If the purchase consists of several deliveries, on the day after the final delivery is received.
The cancellation period is extended to 12 months after the original period expires if, before the agreement is entered into, the Seller does not provide information about the right to cancel and the standard cancellation form. The same applies if information about the conditions, deadlines and procedure for exercising the right to cancel is not provided. If the trader provides the information during these 12 months, the cancellation period will nevertheless expire 14 days after the date on which the Purchaser received the information.
When the right to cancel is exercised, the goods must be returned to the Seller without undue delay and no later than 14 days after notice that the right to cancel is being exercised has been given. The Purchaser shall cover the direct costs of returning the goods, unless otherwise agreed or the Seller has failed to inform the Purchaser that the Purchaser must cover the return costs. The Seller may not charge a fee for the Purchaser’s exercise of the right to cancel.
The Purchaser may try or test the goods in a reasonable manner in order to determine their nature, characteristics and function without losing the right to cancel. If the Purchaser’s examination or testing of the goods goes beyond what is reasonable and necessary, the Purchaser may be liable for any reduction in the value of the goods.
The Seller is obliged to refund the purchase amount to the Purchaser without undue delay and no later than 14 days after the Seller received notice of the Purchaser’s decision to exercise the right to cancel. The Seller is entitled to withhold the refund until the Seller has received the goods from the Purchaser, or until the Purchaser has provided documentation that the goods have been sent back.
9. Delays and non-delivery – the Purchaser’s rights and time limit for making a claim
If the Seller does not deliver the goods or delivers them late in accordance with the agreement between the parties, and this is not due to the Purchaser or circumstances on the Purchaser’s part, the Purchaser may, depending on the circumstances and in accordance with the rules in chapter 5 of the Consumer Purchases Act, withhold the purchase amount, demand performance, cancel the agreement and/or claim damages from the Seller.
When remedies for breach of contract are claimed, notice should be given in writing (for example, by email) for evidentiary reasons.
Performance
The Purchaser may maintain the purchase and demand performance from the Seller. The Purchaser may not, however, demand performance if there is an obstacle that the Seller cannot overcome, or if performance would entail such substantial inconvenience or cost to the Seller that it would be materially disproportionate to the Purchaser’s interest in the Seller’s performance. If the difficulties cease within a reasonable time, the Purchaser may nevertheless demand performance.
The Purchaser loses the right to demand performance if the Purchaser waits an unreasonably long time before making the claim.
Cancellation
If the Seller does not deliver the goods at the time of delivery, the Purchaser shall request that the Seller deliver within a reasonable additional period for performance. If the Seller does not deliver the goods within the additional period, the Purchaser may cancel the purchase.
The Purchaser may, however, cancel the purchase immediately if the Seller refuses to deliver the goods. The same applies if delivery at the agreed time was decisive for entering into the agreement, or if the Purchaser has informed the Seller that the delivery date is decisive.
If the item is delivered after the additional period set by the consumer or after the delivery date that was decisive for entering into the agreement, a claim for cancellation must be made within a reasonable time after the Purchaser became aware of the delivery.
Damages
The Purchaser may claim damages for losses suffered as a result of the delay. This does not apply, however, if the Seller proves that the delay was due to an obstacle beyond the Seller’s control that could not reasonably have been taken into account at the time of the agreement, avoided, or had its consequences overcome.
10. Defective goods – the Purchaser’s rights and time limit for giving notice
If the goods are defective, the Purchaser must, within a reasonable time after the defect was or should have been discovered, notify the Seller that the Purchaser intends to invoke the defect. Notice will always have been given in time if it is given within 2 months from the date on which the defect was or should have been discovered. Notice may be given no later than two years after the Purchaser took possession of the goods. If the goods, or parts of them, are intended to last substantially longer than two years, the time limit for giving notice is five years.
If the goods are defective and this is not due to the Purchaser or circumstances on the Purchaser’s part, the Purchaser may, depending on the circumstances and in accordance with the rules in chapter 6 of the Consumer Purchases Act, withhold the purchase amount, choose between repair and replacement, demand a price reduction, demand that the agreement be cancelled and/or claim damages from the Seller.
Notice to the Seller should be given in writing.
Repair or replacement
The Purchaser may choose between requiring the defect to be repaired or requiring delivery of an equivalent item. The Seller may nevertheless object to the Purchaser’s demand if carrying it out is impossible or would cause the Seller unreasonable costs. Repair or replacement shall be carried out within a reasonable time. As a general rule, the Seller is not entitled to make more than two attempts to remedy the same defect.
Price reduction
The Purchaser may demand an appropriate price reduction if the goods are not repaired or replaced. This means that the ratio between the reduced and agreed price shall correspond to the ratio between the value of the item in its defective and contractually compliant condition. If there are special reasons for doing so, the price reduction may instead be set according to the significance of the defect to the Purchaser.
Cancellation
If the goods are not repaired or replaced, the Purchaser may also cancel the purchase when the defect is not insignificant.
11. The Seller’s rights in the event of the Purchaser’s breach of contract
If the Purchaser 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, depending on the circumstances and in accordance with the rules in chapter 9 of the Consumer Purchases Act, withhold the goods, demand performance of the agreement, demand that the agreement be cancelled and claim damages from the Purchaser. Depending on the circumstances, the Seller may also demand interest on late payment, debt-collection fees and a reasonable fee for uncollected goods.
Performance
The Seller may maintain the purchase and require the Purchaser to pay the purchase amount. If the goods have not been delivered, the Seller loses this right if the Seller waits an unreasonably long time before making the claim.
Cancellation
The Seller may cancel the agreement if there is a material payment default or other material breach of contract by the Purchaser. The Seller may nevertheless not cancel if the full purchase amount has been paid. If the Seller sets a reasonable additional period for performance and the Purchaser does not pay within this period, the Seller may cancel the purchase.
Interest on late payment/debt-collection fees
If the Purchaser does not pay the purchase amount in accordance with the agreement, the Seller may demand interest on the purchase amount pursuant to the Late Payment Interest Act. In the event of non-payment, the claim may, following prior notice, be sent for debt collection. The Purchaser may then be held liable for fees under the Debt Collection Act.
Fees for uncollected goods not paid for in advance
If the Purchaser fails to collect unpaid goods, the Seller may charge the Purchaser a fee. The fee shall cover no more than the Seller’s actual expenses for delivering the goods to the Purchaser. Such a fee may not be charged to Purchasers under the age of 18.
12. Warranties
A warranty provided by the Seller or manufacturer gives the Purchaser rights in addition to those the Purchaser already has under mandatory legislation. A warranty therefore does not limit the Purchaser’s right to give notice or make claims in the event of delay or defects under sections 9 and 10.
13. Personal data
The Seller is the data controller for personal data collected. Unless the Purchaser consents otherwise, the Seller may, in accordance with the Personal Data Act, collect and store only the personal data necessary for the Seller to fulfil its obligations under the agreement. The Purchaser’s personal data will be disclosed to others only if this is necessary for the Seller to perform the agreement with the Purchaser, or in cases prescribed by law.
14. Dispute resolution
Complaints shall be submitted to the Seller within a reasonable time, cf. sections 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is unsuccessful, the Purchaser may contact the Norwegian Consumer Authority for mediation. The Norwegian Consumer Authority is available by telephone on 23 400 600 or at www.forbrukertilsynet.no.
The European Commission’s complaint portal may also be used if you wish to submit a complaint. This is particularly relevant if you are a consumer residing in another EU country. The complaint may be submitted here: http://ec.europa.eu/odr.
