Terms of sale
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Terms of sale
Standard terms and conditions of sale for consumer purchases of goods over the Internet
Table of contents:
Introduction
1. The Agreement
2. The parties
3. Prices
4. The conclusion of the agreement
5. Order confirmation
6. Payment
7. Delivery etc.
8. The risk of the goods
9. Right of withdrawal
10. Duty to investigate
11. Complaints in the event of defects and deadline for reporting claims in the event of delay
12. Buyer's rights in the event of delay
13. Buyer's rights in the event of defects
14. The seller's rights in the event of the buyer's default
15. Warranty
16. Personal data
17. Conflict resolution
18. Source list
Introduction
This purchase is governed by the following standard terms and conditions of sale for consumer purchases of goods over the Internet. Consumer purchases here mean the sale of goods to a consumer who is not primarily acting as part of a commercial activity, and when the seller acts in a commercial activity by selling goods over the Internet. The contract has been prepared and recommended for use by the Consumer Ombudsman.
Consumer purchases over the Internet are mainly regulated by the Contract Act, the Consumer Purchase Act, the Marketing Act, the Right of Withdrawal Act and the E-Commerce Act, and these laws give consumers inalienable rights. The terms of the contract should not be understood as any limitation of the statutory rights, but set out the parties' most important rights and obligations for the transaction. The seller may choose to offer the buyer better terms than those stated in these terms of sale.
In cases where the contract does not directly provide a solution to an issue, the contract must be supplemented with relevant legal provisions.
1. The Agreement
The agreement between the buyer and the seller consists of the information the seller provides about the purchase in the ordering solution in the online store (including, among other things, information about the nature of the goods, quantity, quality, other properties, price and delivery terms), any direct correspondence between the parties (for example, e-mail) and these terms of sale.
In the event of a conflict between the information provided by the seller regarding the purchase in the ordering solution in the online store, direct correspondence between the parties and the terms of the terms of sale, direct correspondence between the parties and the information provided in the ordering solution shall prevail over the terms of sale, unless it conflicts with binding legislation.
2. The parties
Seller Company name: Profileringspartner AS
Contact address: P.O. Box 10 0010 Oslo
Email: post@go-on.no
Organization number: 934251067
Buyer is the person who places the order.
3. Prices
The prices stated in the online store include VAT.
Information about the total costs to be paid by the buyer, including all taxes (VAT, customs, etc.) and delivery costs (freight, postage, invoice fees, packaging, etc.) as well as specification of the individual elements of the total price, is provided in the ordering solution before the order is placed. (Deliveries of goods to Svalbard or Jan Mayen shall be sold without the addition of VAT. (1)
4. Conclusion of the agreement
The agreement is binding on both parties when the buyer's order is received by the seller.
However, a party is not bound by the agreement if there has been a typing or typing error in the seller's offer in the ordering solution in the online store or in the buyer's order, and the other party realized or should have realized that there was such an error.
5. Order confirmation
Once the seller has received the buyer's order, the seller shall confirm the order without undue delay by sending an order confirmation to the buyer.
It is recommended that the buyer check that the order confirmation matches the order with regard to quantity, item type, price, etc. If there is a discrepancy between the order and the order confirmation, the buyer should contact the seller as soon as possible.
6. Payment
The seller may demand payment for the item from the time it is shipped from the seller to the buyer.
If the buyer uses a credit card (2) or debit card (3) for payment, the seller may reserve the purchase price on the card at the time of ordering for up to 4 days from the order. (4)
When paying by credit card, the Act on Credit Purchases etc. will apply. (5)
If the seller offers post-invoicing, the invoice to the buyer shall be issued upon shipment of the goods. The due date shall be set at least 14 days from the buyer's receipt of the shipment.
If the seller has a specific need to demand advance payment from the buyer, for example in the case of a manufacturing purchase, the seller may demand this.
Buyers under the age of 18 can only pay directly upon delivery of the goods by the seller or upon delivery of the goods by cash on delivery. (6)
7. Delivery etc.
Delivery of the goods from the seller to the buyer takes place in the manner, at the place and at the time specified in the ordering solution in the online store.
If the delivery time is not stated in the order solution, the seller shall deliver the goods to the buyer within a reasonable time and no later than 30 days after the order from the customer. If the seller is to ensure that the goods are sent to the buyer, he is obliged to have the goods transported to the destination in a suitable manner and under the usual conditions for such transport. The destination is at the buyer's place unless otherwise specifically agreed between the parties.
8. The risk of the goods
The risk of the goods passes to the buyer when the thing has been taken over by the buyer in accordance with the agreement. If the delivery time has arrived and the buyer fails to take over a good that has been placed at his or her disposal in accordance with the agreement, the buyer still bears the risk of loss or damage due to the properties of the good itself.
9. Right of withdrawal
The buyer may cancel the purchase of the goods in accordance with the provisions of the Right of Cancellation Act (7) . The right of cancellation means that the buyer can return the goods to the seller without reason, even if there is no defect in them and even if they have not been delivered.
The buyer must notify the seller of the exercise of the right of withdrawal within 14 days of receiving the goods, the prescribed information on the right of withdrawal and the withdrawal form. If the buyer receives the withdrawal form and the necessary information at a later time than upon delivery of the goods, the withdrawal period begins to run from the day the buyer receives the withdrawal form and the information. If the buyer has not received sufficient information or the withdrawal form, the withdrawal period will still expire 3 months after receiving the goods. If the buyer has not received information on the right of withdrawal at all, the period will be 1 year.
The notification from the buyer to the seller about exercising the right of withdrawal should, for evidentiary reasons, be in writing (right of withdrawal form, email, fax or letter), and it must contain information about how the buyer will return the goods to the seller.
When exercising the right of withdrawal, the goods must be returned to the seller within a reasonable time. The seller is obliged to refund the full purchase price to the buyer within 14 days from the day the seller receives the goods or the collection slip or the goods are made available to the seller. The seller cannot set fees for the buyer's exercise of the right of withdrawal, but the seller may require the buyer to pay the costs of return shipping.
The buyer may examine the product before he or she regrets the purchase. However, the product must be returnable to the seller in approximately the same condition and quantity as when the buyer received it. The buyer should return the product to the seller in the original packaging if possible.
The buyer cannot cancel the purchase of goods that deteriorate quickly, goods that by their nature cannot be returned, or audio and video recordings (including CDs, DVDs) or computer programs where the seal has been broken. The latter exception only applies if the seller has clearly stated the conditions for lapse of the right of cancellation on the seal.
10. Examination of the goods
When the buyer receives the goods, it is recommended that he or she reasonably examines whether they are in accordance with the order, whether they have been damaged during transport or whether they are otherwise defective.
If the item does not match the order or has defects, the buyer must notify the seller by making a complaint, cf. clause 11 of the contract.
11. Complaints in the event of defects and deadline for reporting claims in the event of delay
If there is a defect in the goods, the buyer must, within a reasonable time after he or she discovered it, notify the seller that he or she will claim the defect.
The period can never be shorter than two months from the time the consumer discovered the defect. However, the complaint must be made no later than two years after the buyer took over the goods. If the goods or parts of them are intended to last significantly longer, the complaint period is five years.
In the event of a delay, claims must be made to the seller within a reasonable time after the delivery time has arrived and the goods have not been delivered.
If the item was paid for by credit card, the buyer can also choose to complain and send a claim directly to the credit provider (credit card company). (8)
The notification to the seller or credit provider should be in writing (email, fax or letter).
12. Buyer's rights in the event of delay
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, in accordance with the rules in Chapter 5 of the Consumer Purchase Act, withhold the purchase price, demand fulfillment, terminate the agreement and demand compensation from the seller, depending on the circumstances.
Fulfillment: If the seller does not deliver the goods at the time of delivery, the buyer may maintain the purchase and set a reasonable additional deadline for fulfillment from the seller. However, the buyer may not demand fulfillment if there is an obstacle that the seller cannot overcome or if fulfillment would entail such a great inconvenience or cost for the seller that it is significantly disproportionate to the buyer's interest in the seller's fulfillment. If the difficulties disappear within a reasonable time, the consumer may demand fulfillment.
Cancellation: 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 performance set by the buyer. However, the buyer may not cancel the agreement while the additional period is running, unless the seller has said that he or she will not perform within the period.
Compensation: The buyer may also claim compensation for losses he or she suffers as a result of the seller's delay, cf. Section 24 of the Consumer Purchase Act.
The buyer must notify the seller of any claims in the event of a complaint, cf. clause 11 of this contract.
13. Buyer's rights in the event of defects
If the goods have a defect and this is not due to the buyer or circumstances on the buyer's side, the buyer may, in accordance with the rules in the Consumer Purchase Act, Chapter 6, depending on the circumstances, withhold the purchase price, choose between correction and replacement, demand a price reduction, demand cancellation of the agreement and compensation from the seller.
Correction or replacement: If the goods have a defect, the buyer may demand that the seller correct the defect or replace the goods with a similar one. The seller may object to the buyer's claim if the implementation of the claim is impossible or causes the seller unreasonable costs.
The seller shall make the correction or replacement within a reasonable time. Correction or replacement shall be made at no cost to the buyer, without risk of the buyer not being able to cover his expenses and without significant inconvenience to the buyer. The seller may not make more than two attempts at correction or replacement for the same defect, unless there are special reasons that make further attempts reasonable.
Even if the buyer does not demand correction or replacement, the seller may offer correction or replacement if this is done without delay. If the seller arranges for such correction or replacement, the buyer may not demand a price reduction or increase.
Price reduction: If the defect is not corrected or replaced, the buyer may demand a proportional price reduction.
Cancellation: Instead of a price reduction, the buyer may cancel the agreement, except when the defect is insignificant.
Compensation: The buyer may also claim compensation for financial loss he or she suffers as a result of the product having a defect, cf. Section 33 of the Consumer Purchase Act.
The buyer must notify the seller of any claims in the event of a complaint, cf. clause 11 of this contract. The rules on complaints apply in addition to, and independently of, the rules on the right of withdrawal and any guarantees provided by the seller.
14. Seller's rights in the event of buyer's default
If the buyer does not pay or fulfill the other obligations under the agreement, and this is not due to the seller or circumstances on the seller's part, the seller may, in accordance with the rules in the Consumer Purchase Act, Chapter 9, depending on the circumstances, withhold the goods, demand fulfillment of the agreement, demand termination of the agreement and compensation from the buyer. The seller may also, depending on the circumstances, demand interest for late payment, collection fees and fees for non-prepaid, uncollected goods.
Fulfillment: If the buyer does not pay, the seller can maintain the purchase and demand that the buyer pay the purchase price (fulfillment). If the item is not delivered, the seller loses his right if he waits an unreasonable amount of time to make the claim.
Cancellation: In the event of material payment default or other material breach by the buyer, the seller may cancel the agreement. However, the seller may not cancel after the purchase price has been paid.
The seller may also cancel the purchase if the buyer does not pay within a reasonable additional period for performance that the seller has set. However, the seller may not cancel while the additional period is running, unless the buyer has said that he or she will not pay.
Compensation: The seller may claim compensation from the buyer for financial loss he or she suffers as a result of a breach of contract by the buyer, cf. §46 of the Consumer Purchase Act.
Interest on late payment/collection fees: If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price in accordance with the Act on Interest on Late Payment. (9) In the event of non-payment, the claim may, after prior notice, be sent to debt collection, and the buyer may then be held liable for fees in accordance with the Act on Debt Collection and Other Collection of Overdue Monetary Claims. (10)
Fee for uncollected, non-prepaid goods: If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee of NOK + return shipping. The fee shall not exceed the seller's actual outlay for delivering the goods to the buyer. Such a fee may not be charged to buyers under the age of 18. (11)
15. Warranty
A warranty provided by the seller or manufacturer gives the buyer rights in addition to the rights the buyer already has under mandatory legislation. A warranty therefore does not imply any limitations on the buyer's right to make complaints and claims in the event of delay or defects under clauses 12 and 13.
16. Personal data ( 12)
Unless the buyer agrees otherwise, the seller may only collect and store the personal data that is necessary for the seller to be able to carry out the obligations under the agreement. The personal data of buyers under the age of 15 cannot be collected unless the seller has the consent of their parents or guardians. The buyer's personal data shall only be disclosed to others if it is necessary for the seller to carry out the agreement with the buyer, or in cases prescribed by law.
The seller may only obtain the buyer's social security number if there is a factual need for secure identification and such collection is necessary.
If the seller wants to use the buyer's personal data for other purposes, for example to send the buyer advertising or information beyond what is necessary to carry out the agreement, the seller must obtain the buyer's consent when concluding the agreement. The seller must provide the buyer with information about what the personal data will be used for and who will use the personal data. The buyer's consent must be voluntary and given by an active action, for example by checking a box.
The buyer should be able to easily contact the seller, for example by telephone or email, 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 change the personal data.
17. Conflict resolution
The parties shall attempt to resolve any disputes amicably. The buyer may contact the Consumer Council for assistance in any dispute with the seller. If an amicable solution is not reached after mediation in the Consumer Council, the parties may request in writing that the Consumer Council refer the dispute to the Consumer Disputes Committee.13 The decision of the Consumer Disputes Committee is legally binding four weeks after notification. Before the decision becomes legally binding, the parties may, by submitting a summons to the Consumer Disputes Committee, bring the decision before the district court.
18. Source list
See Act of 19 June 1969 No. 66 on Value Added Tax Section 16.
2. A credit card is a payment card where the payment for the purchase is made afterwards by the creditor (credit card company) sending the cardholder an invoice with a demand for payment.
3. A debit card is a payment card linked to a deposit account. Using the card results in the user's account being debited and the amount being transferred to the payee's account.
4. See model agreement prepared by the joint contract committee for the Savings Bank Association and the Financial Services Industry Association – Terms of Agreement for Credit Cards and Billing Cards – Consumer Affairs, section 12, and model terms prepared by the Savings Bank Association and the Financial Services Industry Association for Payment Cards, section 11.
5. Act of 21 June 1985 No. 82 on credit purchases etc.
6. Persons under the age of 18 can only pay in the aforementioned ways as they cannot incur debt, cf. the Act of 22 April 1927 on Guardianship for Minors (vgml.) Section 2.
7. Act of 21 December 2000 no. 105 on the duty to provide information and the right of withdrawal, etc. in distance selling and sales outside a fixed point of sale (the Right of Withdrawal Act).
9. Act of 17 December 1976 No. 100 on interest on late payment.
10. Act of 13 May 1988 No. 26 on debt collection activities and other collection of overdue monetary claims.
11. Fees cannot be charged to persons under the age of 18 as they cannot incur debt, cf. the Norwegian Civil Code § 2.
12. See Act of 14 April 2000 No. 31 on the Processing of Personal Data.