Conditions of sale
1. Agreement
2. Parties
3. Prices
4. conclusion of the contract
5. Order confirmation
6. Payment
7. Delivery M.W.
8. The risk of the goods
9. Withdraw
10. Duty to investigate
11. Complaints of lack and the deadline to submit claims for delay
12. Buyer’s rights by delay
13. Buyer’s rights by lack
14. The Seller’s rights by the buyer defaults
15. Warranty
16. Personal Information
17. Conflict Resolution
INTRODUCTION:
This purchase is regulated by the below standard sales conditions for consumer purchases of
items online. With consumer sales refers to sales of goods to consumers who do not
primarily acting in business activity, and when the seller acts in
business with the sale of goods over the internet. The contract is drawn up and recommended
used by the Consumer Ombudsman.
Consumer purchases over the Internet are regulated mainly by the Contracts, Consumer Law,
marketing law, consumer law and commerce law, these laws provide consumer
mandatory rights. Terms of the contract should not be construed as a limitation in the
statutory rights, but poses major parties’ rights and obligations for
trade. The seller may choose to offer buyer better terms than those stated in these
sale conditions.
In cases where the contract does not directly provide the solution to a problem, the contract must
supplemented with relevant statutory provisions.
1. AGREEMENT
The agreement between buyer and seller consists of information the seller provides for the purchase of
ordering solution in the site (including without limitation information concerning the nature,
quantity, quality, other characteristics, price and delivery terms), any direct
correspondence between the parties (eg e-mail) as well as sales conditions.
By inconsistency between the information the seller has provided for the purchase in order solution in
online store, direct correspondence between the parties and the terms of the sale conditions, the
direct correspondence between the parties and the information given in order solution in front
conditions of sale, as long as it does not conflict with binding legislation.
2. THE PARTIES
Seller
Company Name:
Contact Address:
E-mail:
Phone: Fax Number:
Organization number:
Buyer is the person placing the order.
3. Prices
Prices, which are quoted in the shop include VAT.
Information on the total cost the buyer must pay, including all taxes
(VAT, customs, etc.) and delivery costs (freight, postage, invoice fee,
packaging, etc.) as well as specification of the individual elements of the total price, given in
order solution before orders are made. (Product Supplies to Svalbard or Jan Mayen will
sold without the addition of merverdiavgift.1)
4. AGREEMENT
The agreement is binding for both parties when the buyer’s order is received by the seller.
A party is not bound by the agreement if it has been writing or typing error in
offer from the seller in order solution in the site or in the buyer’s order, and the
other party realized or should have realized that there was such a mistake.
5. PURCHASE ORDER
Once the seller receives the buyer’s order, the Seller shall without undue delay confirm
order by sending an order confirmation to the buyer.
It is recommended that the buyer verifies that the order confirmation matches
order with respect to the number, product type, price and so on. Is it not match the order
and the order confirmation, the buyer should contact the seller as soon as possible.
6. PAYMENT
The seller may demand payment for goods from the time it is sent from the seller to
buyer.
If the buyer uses kredittkort2 or debetkort3 upon payment, the seller reserve
purchase price on the card when booking for up to 4 days from bestillingen.4
1 See Law of 19 June 1969 nr. 66 VAT § 16.
2 A credit card is a payment card where the consideration for the acquisition is made afterwards by that credit dealer
(credit card company) sends the cardholder an invoice demanding payment.
3 A debit card is a credit card linked to a deposit account. Use of the card means that the user account is
charged and the amount is transferred to the payee’s account.
3
When paying by credit card, the law on credit M.M. come to anvendelse.5
Offers seller after billing, the invoice issued to the buyer for shipping
item. Maturity date shall be set to a minimum of 14 days from buyer receives the shipment.
The seller has a special need to demand advance payment from the buyer, for example by
manufacturing purchases, the seller may require this.
Buyers under 18 years can only pay directly at the seller’s delivery of the goods or
delivery of goods by postoppkrav.6
7. DELIVERY ETC.
Delivery of goods from the seller to the buyer happens on the way, in the place and at the time
specified in order solution in the online store.
If delivery time stated in the order solution, the seller shall deliver the goods to
buyer within a reasonable time and not later than 30 days after the order from the customer. Seller shall ensure
that the item is sent to the buyer, he is obliged to get the item shipped to your destination on
suitable way and on the usual terms for such transportation. Destination is with the buyer
unless otherwise agreed between the parties.
8. RISK OF PROP
The risk of the goods passes to the buyer when the goods are taken over by the buyer according to
agreement. If the delivery time has come and the buyer fails to acquire an item that is set to
his or her disposal by the agreement, however, the risk of loss or damage
due to characteristics of the product itself.
9. RIGHT OF WITHDRAWAL
The buyer may cancel the purchase of the product after cooling Act bestemmelser7. Withdraw
means that the buyer a reason to return goods to the seller even if there are no
shortcoming of it and even if it is not delivered.
The buyer must give the seller notice of the use of the right of withdrawal within 14 days after the goods, the
prescribed information on the right of withdrawal and return form is received. Receives buyer
undo form and the required information at a later date than when delivering
item, start cancellation period to run from the day the buyer receives the return form and
information. The buyer has not received sufficient information or Withdraw form, will
cancellation period still go out 3 months after the item is received. If the buyer has not received
information about cancellation rights at all, the deadline will be 1 year.
The message from the buyer to the seller for use of the right of withdrawal should be consideration of evidence in writing
(Withdraw form, e-mail, fax or letter) and must contain information on
how the buyer will return the item to the seller.
4 Cf.. Model Convention prepared by the Joint Committee on Contract Savings Banks Association and Financial Services
federation – Terms and Conditions for credit cards and charge cards – consumer relationships paragraph 12 and pattern conditions
prepared by the Banks Association and Financial Services Confederation for debit point 11.
5 Law of 21 June 1985 no. 82 on credit purchases M.M.
6 Persons under 18 can only pay in the aforementioned ways as they can not accumulate debts cf. Law of 22 April
1927 guardianship of minors (vgml.) § 2.
7 Law of 21 December 2000 no. 105 on information and withdrawal M.W. by remote sales and sales outside firm
outlet (consumer law).
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Using undo court Item must be returned to the seller within a reasonable time. The Seller
obliged to refund the full purchase to the buyer within 14 days from the day
Seller receives the goods or retrieve note or goods are placed at the seller’s disposal. Seller
can not set fees for the buyer’s use of the right of withdrawal, but the seller may require
buyer should pay the return costs.
The buyer may examine the product before he or she will regret the purchase. Item must nevertheless
could be returned to the seller in the same condition and quantity as it was in when
the buyer received it. Buyer should send the item back to the seller in the original packaging if
this is possible.
The buyer can not regret the purchase of goods which deteriorate rapidly, goods which by their nature are not
may be returned, or the sound and video recordings (including CDs, DVDs) or
computer applications where the seal is broken. The latter exception applies only
if the seller clearly stated whether the conditions for withdrawal of the right of withdrawal in
seal.
10. EXAMINATION OF THE GOODS
When the buyer receives the item, it is recommended that he or she reasonable extent examine
if it complies with the order, though it has been damaged during transport or if
it otherwise lacks.
If the item does not match the order or missing, the purchaser must notify the
seller when complaints cf. Clause 11 of the contract.
11. COMPLAINT FOR FAILURE AND DEADLINE FOR SUBMITTING CLAIMS BY DELAY
If there is a defect in the goods, the buyer must within a reasonable time after he or
she discovered it, give the seller notice that he or she will invoke the defect.
The deadline can not be shorter than two months from the time the consumer discovered
defect. Complaints must still happen later than two years after the buyer took the goods. If
commodity or parts of it is supposed to last considerably longer, the warranty period of five years.
The delay requirements must be selling within a reasonable time after the delivery time has come and
the goods are not delivered.
If the item is paid by credit card, the buyer may also choose to advertise and submit claims
directly to the creditor (credit card company) .8
Message to the seller or the creditor should be in writing (e-mail, fax or letter).
12. PURCHASER’S RIGHTS BY DELAY
If the seller does not deliver the goods or supply the late according to the agreement between
parties, and this is not due to the buyer or the buyer, the buyer in
According to the rules of consumer Chapter 5 circumstances hold
purchase price back, demand fulfillment, terminate the contract and claim damages from the seller.
Fulfillment: If the seller does not deliver the goods at the time of delivery, the buyer
uphold the purchase and set a reasonable deadline for compliance dealers from the seller. Purchaser
may not require performance if there is an obstacle which the seller not
Overcome or if compliance would result in such a large inconvenience or cost for
8 Law of 21 June 1985 no. 82 on credit purchases M.M. § 8.
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seller that are significantly disproportionate to the buyer’s interest in the seller
meet. Difficulty falling out within a reasonable time, consumer demand fulfillment.
Termination: The buyer may cancel the agreement with the seller if the delay is significant
or if the seller does not deliver the goods within the additional period for fulfillment
the buyer has specified. Buyer may not cancel the contract while the deadline
runner, unless the seller has said he or she did not meet the deadline.
Replacement: The buyer may also claim compensation for losses they suffer as a result
the delay from the seller’s side cf. consumer § 24.
Buyer must submit claims to the seller when complaints cf. This contract section 11.
13. PURCHASER’S RIGHTS BY FAILURE
If the item is defective and this is not due to the buyer or the buyer’s side,
the buyer according to the rules of consumer law, Chapter 6 in the circumstances
withhold payment, choose between rectification and replacement, demand reduction, demand
agreement raised and compensation from the seller.
Correction or replacement: If the item has a defect, the buyer may require
seller dishes defect or replace the corresponding item. The seller may oppose
Buyer’s demands if the implementation of the requirement is impossible or causes seller
unreasonable costs.
Seller shall make no law or replacement within a reasonable time. Correction or
replacement shall be made at no cost to the buyer, without the risk that the buyer does not receive
coverage of the costs and without significant inconvenience to the buyer. Seller can not make
more than two attempts at correction or replacement for the same defect, unless it
special circumstances that make further attempts are reasonable.
Although buyer does not require repair or replacement, the seller can offer correction
or replacement if this happens without delay. If the seller makes such
repair or replacement, the buyer may not demand a price reduction or cancellation.
Price reduction: If the deficiency is not corrected or replace, the buyer may require
proportionate price reduction.
Elevation: Rather than discount the buyer may terminate the contract, except where the shortfall
immaterial.
Replacement: The buyer may also claim compensation for financial losses they suffer
because the product is faulty see. consumer § 33.
Buyer must submit claims to the seller when complaints cf this contract section 11.
The rules concerning complaints shall in addition to, and independent of, the rules on withdrawal and
any guarantees of selling.
14. SELL THE RIGHTS OF THE PURCHASER’S DEFAULT
If the buyer fails to pay or meet other obligations under the agreement, and this is not
due to the seller or conditions of the seller, the seller in accordance with the rules
consumer law, Chapter 9 in the circumstances withhold the goods, demand fulfillment
by agreement, require the agreement raised and compensation from the buyer. Seller can also request
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circumstances could charge interest on overdue payments, collection charges and fees by not prepaid
unclaimed goods.
Fulfillment: If the buyer fails to pay, the seller can insist on the purchase and demand that
the buyer pays the purchase (fulfillment). If the goods are not delivered, the seller loses his
right if he delays unreasonably before submitting his claim.
Elevation: The major payment default or other material breach by the buyer,
the seller may terminate the contract. The seller can not increase after the price is
paid.
The seller may also cancel the purchase if the buyer does not pay within a reasonable
extension deadline set by the seller. The seller can not raise
whereas the extended time, unless the buyer has declared that he or she will not
pay.
Replacement: The seller may claim damages from the buyer for financial losses
she suffers as a result of breach of contract from the buyer’s side cf. consumer §
46.
Interest on overdue payment / collection fee: If the buyer fails to pay
purchase price under the agreement, the seller may claim interest on the purchase price
Act on Interest on Overdue betaling.9 Insufficient payment claim may, after
prior notice will be sent to a collection agency, and the buyer can then be held accountable for
Fees pursuant to debt collection and other collection of overdue pengekrav.10
Charge for unclaimed non-prepaid goods: If the buyer fails to
collect unpaid goods, the seller may charge the buyer a fee of £ ???????????? + shipping
round trip. The fee shall cover a maximum of seller’s actual disbursements for delivering the goods
to the buyer. Such fees can not be charged buyers under 18 years. 11
15. GUARANTEE
Guarantee given by the seller or manufacturer, the purchaser rights in addition to the
Rights buyer already has under applicable law. A guarantee thus implies
no restrictions on the buyer the right to claim and claims for delay or missing
after paragraph 12 and 13.
16. PERSONAL INFORMATION
Unless the buyer agrees otherwise, the seller can only collect and store the
personal data that is necessary for the seller to carry out obligations
after agreement. The personal data of the buyer under 15 years can not be obtained unless
the seller has the consent of parents or guardians. Buyer’s personal data shall only
disclosed to others if it is necessary for the merchant to implement the agreement with
buyer, or legal case.
The seller can only collect the buyer’s social security if there is an objective need for safe
identification and such retrieval is required.
9 The Act of 17 December 1976 no. 100 relating to interest on overdue payments.
10 Law of 13 May 1988 no. 26 on debt collection and other collection of overdue claims.
11 fee can not be required of persons under 18 years old when these debts can not see. Vgml. § 2.
12 See the Law of 14 April 2000. 31 on the processing of personal data.
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If the seller will take the buyer’s personal data for other purposes, for example to
send buyer advertising or information beyond what is necessary to implement
agreement, the seller must obtain consent of the buyer at the conclusion of the Agreement. The seller must provide
buyer information about what personal information will be used and who should
use the personal information. Buyer’s consent must be voluntary and emitted by an active
action, such as by check.
The buyer should be able to easily contact the seller, for example by telephone or e-mail if
he or she has questions about the seller’s use of personal data or if he or she
wants the seller to delete or modify personal information.
17. DISPUTE RESOLUTION
Parties shall endeavor to resolve any disputes amicably. Buyer can contact
Consumer Council for assistance in a dispute with the seller. If no amicable solution
reached after mediation by the Consumer Council, the parties may request in writing that the Consumer Council
promotes dispute for Forbrukertvistutvalget.13 Resolution of Consumer Disputes Commission is enforceable
four weeks after preaching. Before the decision is enforceable, the parties may, upon submission of
subpoena to the Consumer Disputes Commission, the decision reviewed by the district court.