Terms and conditions

Introduction

This purchase is governed by the following standard terms of sale for consumer purchases of goods over the Internet. Consumer purchases over the Internet are mainly governed by the Contracts Act, the Consumer Purchase Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act, and these laws provide the consumer with non-negotiable rights. The laws are available at www.lovdata.no. The terms of this agreement shall not be understood as a limitation of the statutory rights, but establishes the parties' most important rights and obligations for the transaction.

The terms of sale have been prepared and recommended by the Norwegian Consumer Authority.

1. Agreement

The agreement consists of these terms of sale, information provided in the ordering solution, and any specially agreed terms. In case of conflict between the information, what is specifically agreed between the parties takes precedence, provided it does not conflict with non-negotiable legislation.

The agreement will also be supplemented by relevant statutory provisions that regulate the purchase of goods between businesses and consumers.

2. The parties

The seller is Ane Tjugen Røynstrand, Øvre Halåsveg 18, 6490 Eide, org no: 920038638, hereafter referred to as the seller.

The buyer is the consumer who places the order, hereafter referred to as the buyer.

3. Price

The stated price for goods and services is the total price the buyer shall pay. This price includes all taxes and additional costs. Additional costs that the seller has not informed the buyer of prior to the purchase shall not be borne by the buyer.

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4. Conclusion of agreement

The agreement is binding on both parties when the buyer has sent their order to the seller.

However, the agreement is not binding if there are any writing or typing errors in the offer from the seller in the ordering solution in the online store, or in the buyer's order, and the other party has or should have identified such errors.

5. Payment

The seller may demand payment for the goods from the time they are dispatched from the seller to the buyer.

If the buyer uses a credit or debit card for payment, the seller may reserve the purchase amount on the card when ordering. The card will be charged on the day the goods are dispatched.

In the case of payment by invoice, the invoice will be issued to the buyer upon dispatch of the goods. The payment deadline is stated on the invoice and is at least 14 days from receipt.

Buyers under 18 years of age cannot pay by invoice.

6. Delivery

Delivery is considered completed when the buyer, or their representative, has taken possession of the item.

If the delivery time is not specified in the ordering solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the buyer's order. The goods shall be delivered to the buyer, unless otherwise agreed between the parties.

7. Risk of the goods

The risk of the goods passes to the buyer when they, or the buyer's representative, have received 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 of the goods in accordance with the Right of Withdrawal Act.

If the buyer has ordered a custom drawing, there is no refunding, because then the seller can’t make use of the item and hours of work are lost.

The buyer must notify the seller of the use of the right of withdrawal within 14 days from the start of the deadline. The deadline includes all calendar days. If the deadline falls on a Saturday, public holiday, or other holiday, the deadline is extended to the nearest business day.

The withdrawal period is considered observed if the notification is sent before the expiry of the deadline. The buyer has the burden of proving that the right of withdrawal has been exercised, and the notification should therefore be made in writing (withdrawal form, email or letter).

The withdrawal period begins:

For the purchase of individual items, the withdrawal period runs from the day after the item(s) are received.

If a subscription is sold, or the agreement involves regular delivery of identical items, the deadline runs from the day after the first shipment is received.

If the purchase consists of several deliveries, the withdrawal period runs from the day after the last delivery is received.

The withdrawal period is extended to 12 months after the expiry of the original deadline if the seller does not inform the buyer before the conclusion of the agreement that there is a right of withdrawal and a standardized withdrawal form. The same applies if there is no information about the terms, deadlines, and procedures for using the right of withdrawal. If the seller provides this information during these 12 months, the withdrawal period expires 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 the notification of the use of the right of withdrawal. The buyer bears the direct cost of returning the goods, unless otherwise agreed or the seller has failed to disclose that the buyer shall bear the return costs. The seller cannot charge a fee for the buyer's use of the right of withdrawal.

The buyer may try or test the goods in a reasonable manner to determine the nature, characteristics, and function of the goods, without losing the right of withdrawal. If the testing goes beyond what is reasonable and necessary, the buyer may be liable for any reduced value of the goods.

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The seller is obliged to refund the purchase amount to the buyer without undue delay, and no later than 14 days from the day the seller received notification of the buyer's decision to use the right of withdrawal. The seller has the right to withhold payment until they have received the goods from the buyer, or until the buyer has provided documentation that the goods have been returned.

9. Delay and non-delivery - buyer's rights and deadline for claims

If the seller does not deliver the goods or delivers them later than agreed between the parties, and this is not due to the buyer or circumstances on the buyer's side, the buyer may, according to the rules in Chapter 5 of the Consumer Purchase Act, under the circumstances, withhold payment, demand performance, terminate the agreement, and/or demand compensation from the seller.

Claims for breach of contract should be made in writing for evidentiary purposes (e.g., email).

Performance

The buyer may insist on performance from the seller. However, the buyer cannot demand performance if there is an obstacle that the seller cannot overcome, or if performance will result in such significant inconvenience or cost to the seller that it is in significant disproportion to the buyer's interest in the seller fulfilling the agreement. If the difficulties disappear within a reasonable time, the buyer may still insist on performance.

The buyer loses their right to demand performance if they unreasonably delay in making the claim.

Termination

If the seller does not deliver the goods at the delivery time, the buyer shall urge the seller to deliver within a reasonable additional period for performance. If the seller does not deliver the goods within the additional period, the buyer may terminate the purchase.

However, the buyer may terminate the purchase immediately if the seller refuses to deliver the goods. The same applies if delivery at the agreed time was crucial to the conclusion of the agreement or if the buyer has informed the seller that the delivery time is crucial.

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If the goods are delivered after the additional period set by the buyer or after the delivery time that was crucial for the conclusion of the agreement, claims for termination must be made within a reasonable time after the buyer learned of the delivery.

Compensation

The buyer may demand compensation for any loss incurred as a result of the delay. However, this does not apply if the seller proves that the delay is due to circumstances beyond their control that could not reasonably have been taken into account at the time of the agreement, or that the consequences could have been avoided or overcome.

10. Defects in the goods - buyer's rights and warranty period

If there is a defect in the goods, the buyer must notify the seller within a reasonable time after they discovered or should have discovered it. The buyer has always complained in time if it occurs within 2 months from the time the defect was discovered or should have been discovered. Complaints can be made up to two years after the buyer took possession of the goods. If the goods or parts of them are intended to last significantly 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, according to the rules in Chapter 6 of the Consumer Purchase Act, under the circumstances, withhold payment, choose between rectification and replacement, demand a price reduction, terminate the agreement, and/or demandcompensation from the seller.

Complaints to the seller should be made in writing.

Rectification or replacement

The buyer may choose between demanding the defect corrected or the delivery of equivalent goods. However, the seller may oppose the buyer's claim if the implementation of the claim is impossible or entails unreasonable costs for the seller. Rectification or replacement shall be made within a reasonable time. The seller has no right to carry out more than two remedial attempts for the same defect.

Price reduction

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The buyer may demand an appropriate price reduction if the goods are not corrected or replaced. This means that the relationship between the reduced and agreed price corresponds to the relationship between the value of the goods in the defective and contractual condition. If there are special reasons for it, the price reduction may instead be set equal to the significance of the defect to the buyer.

Termination

If the goods are not corrected or replaced, the buyer may also terminate the purchase when the defect is not insignificant.

11. The seller's rights in case of the buyer's breach of contract

If the buyer does not pay or fulfill other obligations according to the agreement or the law, and this is not due to the seller or circumstances on the seller's side, the seller may, according to the rules in Chapter 9 of the Consumer Purchase Act, under the circumstances, withhold the goods, demand performance of the agreement, terminate the agreement, and/or demand compensation from the buyer. The seller may also, under the circumstances, claim interest on delayed payment, collection fees, and a reasonable fee for uncollected goods.

Performance

The seller may insist on performance of the agreement and demand that the buyer pays the purchase price. If the goods are not delivered, the seller loses their right if they unreasonably delay in making the claim.

Termination

The seller may terminate the agreement if there is a significant default in payment or other significant breach of contract by the buyer. However, the seller cannot terminate if the entire purchase price has been paid. If the seller sets a reasonable additional period for performance and the buyer does not pay within this period, the seller may terminate the purchase.

Interest on delayed payment/collection fees

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If the buyer does not pay the purchase price according to the agreement, the seller may claim interest on the purchase price according to the Interest Act. In case of non- payment, the claim may, after prior notice, be sent to the buyer may then be held liable for a fee according to the Debt Collection Act.

Fee for uncollected 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 expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age.

12. Warranty

Warranty provided by the seller or the manufacturer gives the buyer rights in addition to those the buyer already has under non-negotiable legislation. A warranty does not limit the buyer's right to complain and claim in case of delay or defects, pursuant to sections 9 and 10.

13. Personal data

The controller of collected personal data is the seller. Unless the buyer agrees to something else, the seller may, in accordance with the Personal Data Act, only collect and store the personal data necessary for the seller to fulfill their obligations under the agreement. The buyer's personal data will only be disclosed to others if necessary for the seller to fulfill the agreement with the buyer, or in cases required by law.

14. Conflict resolution

Complaints are directed to the seller in due 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 Authority for mediation. The Norwegian Consumer Authority is available by phone at 23 400 600 or www.forbrukertilsynet.no.

The European Commission's complaint portal can also be used if you wish to file a complaint. This is particularly relevant if you are a consumer residing in another European Union country. The complaint can be submitted at: http://ec.europa.eu/odr.