Terms and conditions
Important: These Terms of Sale were created by the Norwegian Consumer Authority (Forbrukertilsynet). The online version can be found here:
https://www.forbrukertilsynet.no/lov-og-rett/veiledninger-og-retningslinjer/2179-2.
This document is intended solely as a template and is not legally binding on Webnode. Webnode is not responsible for the content or for any damages resulting from the use of this document. We strongly recommend that you seek legal advice to adapt this template to your company's needs. Insert your company's information under Section 2.
Introduction
This purchase is governed by the following standard terms and conditions for consumer purchases of goods over the Internet. Consumer purchases over the Internet are primarily regulated by the Norwegian Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Withdrawal Act, and the E-commerce Act, all of which grant the consumer non-waivable rights. These laws are available at www.lovdata.no. The terms in this agreement are not to be understood as limiting the statutory rights, but rather as setting out the main rights and obligations of the parties in the transaction.
The terms of sale have been prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these terms, see the Consumer Authority's guide here.
1. The Agreement
The agreement consists of these terms of sale, the information provided in the ordering system, and any specifically agreed terms. In the event of any conflict between the information, specifically agreed terms between the parties shall prevail, provided this does not conflict with mandatory legislation.
The agreement will also be supplemented by relevant statutory provisions governing the purchase of goods between businesses and consumers.
2. The Parties
The seller is [Name], [Contact address], [Email], [Telephone number], [Organisation number], hereinafter referred to as "the seller."
The buyer is the consumer who places the order, hereinafter referred to as "the buyer."
3. Price
The stated price for the goods and services is the total price the buyer shall pay. This price includes all taxes and additional costs. Any additional costs that the seller has not informed about before the purchase shall not be borne by the buyer.
4. Conclusion of the Agreement
The agreement is binding for both parties once the buyer has submitted their order to the seller.
However, the agreement is not binding if there has been a typographical or clerical error in the seller's offer in the online store's ordering system, or in the buyer's order, 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 shipped from the seller to the buyer.
If the buyer uses a credit card or debit card for payment, the seller may reserve the purchase amount on the card upon ordering. The card will be charged on the same day the goods are shipped.
When paying by invoice, the invoice will be issued to the buyer upon dispatch of the goods. The payment deadline appears on the invoice and is a minimum of 14 days from receipt.
Buyers under 18 years of age may not pay by subsequent invoice.
6. Delivery
Delivery has occurred when the buyer, or their representative, has taken possession of the goods.
If the delivery time is not stated in the ordering system, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the customer's order. Unless otherwise agreed, the goods shall be delivered to the buyer's address.
7. Risk of the Goods
The risk of the goods passes to the buyer when they, or their representative, have taken delivery of the goods in accordance with Section 6.
8. Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw from the purchase in accordance with the Right of Withdrawal Act.
The buyer must notify the seller of their use of the right of withdrawal within 14 days from the start of the withdrawal period. All calendar days are included in this period. If the deadline falls on a Saturday, public holiday, or other holiday, the deadline is extended to the nearest working day.
The deadline is considered met if notice is sent before it expires. The buyer bears the burden of proof that the right of withdrawal has been exercised, and the notice should therefore be given in writing (withdrawal form, email, or letter).
The withdrawal period begins:
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For single-item purchases: the day after the item(s) are received.
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For subscriptions or agreements for regular delivery of identical goods: the day after the first delivery is received.
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For purchases consisting of several deliveries: the day after the last delivery is received.
If the seller has not, prior to entering into the agreement, informed the buyer of the right of withdrawal and provided the standard withdrawal form, the withdrawal period is extended by 12 months beyond the original period. The same applies if information on conditions, time limits, and procedures for exercising the right of withdrawal is missing. If the seller provides the information during this 12-month extension, the withdrawal period ends 14 days after the day the buyer received the information.
When exercising the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days after notice of withdrawal was given. The buyer bears the direct costs of returning the goods unless otherwise agreed or the seller failed to inform the buyer that they must bear return costs. The seller cannot charge a fee for the buyer's use of the right of withdrawal.
The buyer may examine or test the goods in a manner necessary to establish their nature, characteristics, and functioning, without losing the right of withdrawal. If such examination or testing goes beyond what is necessary, the buyer may be liable for any diminished value of the goods.
The seller is obliged to refund the purchase price to the buyer without undue delay and no later than 14 days from the day the seller received the notice of the buyer's decision to exercise the right of withdrawal. The seller may withhold the refund until the goods have been returned, or until the buyer has provided documentation that the goods have been sent back.
9. Delay and Non-Delivery – Buyer's Rights and Claim Deadlines
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 buyer or circumstances on the buyer's side, the buyer may, under the rules in Chapter 5 of the Consumer Purchases Act, withhold payment, demand performance, terminate the agreement, and/or claim compensation from the seller.
Notices regarding breach of contract should be made in writing (e.g., email) for evidentiary purposes.
Performance
The buyer may uphold the purchase and demand performance from the seller. However, the buyer cannot demand performance if there is an obstacle the seller cannot overcome, or if performance would cause such a great inconvenience or cost to the seller that it would be in substantial disproportion to the buyer's interest in performance. If the obstacle is removed within a reasonable time, the buyer may still demand performance.
The buyer loses the right to demand performance if they wait an unreasonably long time to assert the claim.
Termination
If the seller does not deliver the goods by the agreed delivery time, the buyer shall request that the seller deliver within a reasonable additional period. If the seller does not deliver within this period, the buyer may terminate the purchase.
The buyer may, however, terminate the purchase immediately if the seller refuses to deliver the goods. The same applies if the delivery time was decisive for the conclusion of the agreement, or if the buyer informed the seller that the delivery time was crucial.
If delivery occurs after the additional period set by the buyer or after the delivery time that was decisive for the agreement, a claim for termination must be made within a reasonable time after the buyer became aware of the delivery.
Compensation
The buyer may claim compensation for losses suffered due to the delay. However, this does not apply if the seller proves that the delay was due to circumstances beyond the seller's control that could not reasonably have been foreseen at the time of the agreement, avoided, or overcome.
10. Defects – Buyer's Rights and Complaint Deadline
If a defect is present in the goods, the buyer must, within a reasonable time after the defect was discovered or should have been discovered, notify the seller that they wish to claim the defect. A complaint is always deemed timely if made within two months of discovering the defect. A complaint may be made no later than two years after the buyer took possession of the goods. If the goods or parts of them are intended to last substantially longer than two years, the complaint deadline is five years.
If the goods have a defect and this is not due to the buyer or circumstances on the buyer's side, the buyer may, under the rules in Chapter 6 of the Consumer Purchases Act, withhold payment, choose between repair and replacement, demand a price reduction, terminate the agreement, and/or claim compensation from the seller.
Complaints to the seller should be made in writing.
Repair or Replacement
The buyer may choose whether to demand repair of the defect or delivery of equivalent goods. However, the seller may oppose the buyer's demand if the implementation is impossible or would cause the seller unreasonable costs. Repair or replacement shall be made within a reasonable time. The seller generally has no right to attempt to remedy the defect more than twice for the same issue.
Price Reduction
The buyer 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 corresponds to the ratio between the value of the defective goods and the goods in contractual condition. If special reasons exist, the price reduction may instead be set equal to the significance of the defect for the buyer.
Termination
If the goods are not repaired or replaced, the buyer may also terminate the purchase if the defect is not insignificant.
11. Seller's Rights in Case of Buyer's Breach of Contract
If the buyer does not pay or otherwise fails to fulfil their obligations under the agreement or by law, and this is not due to the seller or circumstances on the seller's side, the seller may, under the rules in Chapter 9 of the Consumer Purchases Act, withhold the goods, demand performance, terminate the agreement, and claim compensation from the buyer. The seller may also, under certain circumstances, claim interest on late payments, collection fees, and a reasonable fee for uncollected goods.
Performance
The seller may uphold the purchase and demand that the buyer pay the purchase price. If the goods have not been delivered, the seller loses this right if they wait unreasonably long to assert the claim.
Termination
The seller may terminate the agreement if there is substantial non-payment or other material breach of contract by the buyer. However, the seller cannot terminate the agreement if the full purchase price has been paid. If the seller sets a reasonable additional period for payment and the buyer does not pay within this period, the seller may terminate the purchase.
Interest on Late Payment / Collection Fee
If the buyer does not pay the purchase price according to the agreement, the seller may claim interest on the purchase price pursuant to the Norwegian Act on Interest on Overdue Payments. In the event of non-payment, the claim may, after prior notice, be sent for collection, and the buyer may then be held liable for fees pursuant to the Debt Collection Act.
Fee for Uncollected Non-Prepaid Goods
If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee shall at most cover the seller's actual costs of delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age.
12. Guarantee
Any guarantee provided by the seller or manufacturer grants the buyer rights in addition to the rights the buyer already has under mandatory legislation. A guarantee does not therefore limit the buyer's right to complain or make claims in the event of delays or defects as described in Sections 9 and 10.
13. Personal Data
The seller is the data controller for personal data collected. Unless the buyer consents otherwise, the seller may, in accordance with the Personal Data Act, only collect and store personal data necessary to fulfil the seller's obligations under the agreement. The buyer's personal data will only be disclosed to others if necessary to fulfil the agreement with the buyer or in cases prescribed by law.
14. Dispute Resolution
Complaints must be addressed 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 may contact the Norwegian Consumer Council for mediation. The Consumer Council is available by phone at +47 23 400 500 or at www.forbrukerradet.no.
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