Conditions

Introduction

This purchase is governed by the standard terms and conditions set out below for consumer purchases of goods online. Online consumer purchases are primarily governed by the Norwegian Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Withdrawal Act and the Electronic Commerce Act. These laws provide consumers with mandatory rights and are available at www.lovdata.no. The terms of this agreement shall not be interpreted as limiting any statutory rights but set out the parties’ principal rights and obligations in connection with the transaction.

These terms and conditions have been prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these terms and conditions, please refer to the Norwegian Consumer Authority’s guidelines here.

1. The Agreement

The agreement consists of these terms and conditions, the information provided during the ordering process and any separately agreed terms. In the event of any conflict between the information, any terms specifically agreed between the parties shall take precedence, provided that they do not conflict with mandatory legislation.

The agreement is also supplemented by relevant statutory provisions governing the purchase of goods between businesses and consumers.

2. The Parties

The seller is Nygardstranda AS, Nakkegata 12, 6230 Sykkylven, Norway, organisation number 935 285 240, hereinafter referred to as the “seller”.

The buyer is the consumer placing the order, hereinafter referred to as the “buyer”.

3. Price

The stated price for the goods and services is the total amount payable by the buyer. This price includes all taxes, duties and additional charges. The buyer shall not be required to pay any additional costs that the seller did not disclose before the purchase.

4. Formation of the Agreement

The agreement becomes binding on both parties when the buyer submits the order to the seller.

However, the agreement shall not be binding if the seller’s offer in the online store’s ordering system or the buyer’s order contains a typographical or input error, and the other party realised or should have realised that such an error had occurred.

5. Payment

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

If the buyer pays by credit or debit card, the seller may reserve the purchase amount on the card when the order is placed. The card will be charged on the day the goods are dispatched.

When payment is made by invoice, the invoice will be issued when the goods are dispatched. The payment deadline will be stated on the invoice and shall be at least 14 days from receipt.

Buyers under the age of 18 may not pay by deferred invoice.

6. Delivery

Delivery is deemed to have taken place when the buyer, or the buyer’s representative, has taken possession of the goods.

If no delivery date is specified during the ordering process, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the order was placed. The goods shall be delivered to the buyer’s address unless otherwise specifically agreed between the parties.

7. Risk of Loss or Damage

The risk of loss of or damage to the goods passes to the buyer when the buyer, or the buyer’s representative, has 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 in accordance with the Norwegian Right of Withdrawal Act.

The buyer must notify the seller of their decision to exercise the right of withdrawal within 14 days from the date on which the withdrawal period begins. The period includes all calendar days. If the deadline falls on a Saturday, Sunday or public holiday, it shall be extended to the next working day.

The deadline is considered to have been met if the notice is sent before the end of the withdrawal period. The buyer has the burden of proving that the right of withdrawal was exercised. Notice should therefore be given in writing, for example by using the withdrawal form, email or letter.

The withdrawal period begins:

  • For the purchase of individual goods, on the day after the goods have been received.
  • For subscriptions or agreements involving the regular delivery of identical goods, on the day after the first delivery has been received.
  • For purchases consisting of several deliveries, on the day after the final delivery has been received.

The withdrawal period is extended to 12 months after the original deadline if, before the agreement is entered into, the seller fails to inform the buyer of the right of withdrawal and to provide the standard withdrawal form. The same applies if the seller fails to provide information about the terms, deadlines and procedure for exercising the right of withdrawal. If the seller provides this information during the 12-month period, the withdrawal period shall expire 14 days after 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 shall cover the direct costs of returning the goods unless otherwise agreed or the seller failed to inform the buyer that the buyer would be responsible for the return costs. The seller may not charge a fee for the buyer’s exercise of the right of withdrawal.

The buyer may inspect or test the goods in a reasonable manner to determine their nature, characteristics and functionality without losing the right of withdrawal. If the buyer’s inspection or testing goes beyond what is reasonable and necessary, the buyer may be held liable for any reduction in the value of the goods.

The seller is required to refund the purchase amount to the buyer without undue delay and no later than 14 days after receiving notice of the buyer’s decision to exercise the right of withdrawal. The seller may withhold the refund until the goods have been received from the buyer or until the buyer has provided documentation confirming that the goods have been returned.

9. Delayed or Failed Delivery – The Buyer’s Rights and Deadline for Making a Claim

If the seller fails to deliver the goods, or delivers them late under the agreement between the parties, and this is not caused by the buyer or circumstances attributable to the buyer, the buyer may, depending on the circumstances and in accordance with Chapter 5 of the Norwegian Consumer Purchases Act, withhold payment, demand performance, terminate the agreement and/or claim compensation from the seller.

For evidentiary purposes, notice of claims relating to breach of contract should be given in writing, for example by email.

Performance

The buyer may uphold the purchase and demand performance from the seller. However, the buyer may not demand performance if an obstacle exists that the seller cannot overcome, or if performance would cause the seller such significant inconvenience or expense that it would be substantially disproportionate to the buyer’s interest in the seller’s performance. If the difficulties cease to exist within a reasonable period, the buyer may nevertheless demand performance.

The buyer loses the right to demand performance if they wait an unreasonably long time before making the claim.

Termination

If the seller does not deliver the goods at the agreed time, the buyer shall request that the seller deliver within a reasonable additional period. If the seller does not deliver within this additional period, the buyer may terminate the purchase.

The buyer may terminate the purchase immediately if the seller refuses to deliver. The same applies if delivery at the agreed time was essential to the conclusion of the agreement or if the buyer informed the seller that the delivery date was essential.

If the goods are delivered after the additional deadline set by the buyer, or after the delivery date that was essential to the agreement, the buyer must exercise the right to terminate within a reasonable time after becoming aware of the delivery.

Compensation

The buyer may claim compensation for losses incurred as a result of the delay. However, this does not apply if the seller demonstrates that the delay was caused by an obstacle beyond the seller’s control that could not reasonably have been foreseen when the agreement was entered into, avoided or overcome.

10. Defective Goods – The Buyer’s Rights and Deadline for Making a Complaint

If the goods are defective, the buyer must notify the seller within a reasonable time after the defect was discovered or should have been discovered and state that they intend to rely on the defect. A complaint is always considered to have been submitted in time if it is made within two months after the defect was or should have been discovered.

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 period is five years.

If the goods are defective and this is not caused by the buyer or circumstances attributable to the buyer, the buyer may, depending on the circumstances and in accordance with Chapter 6 of the Norwegian 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 submitted in writing.

Repair or Replacement

The buyer may choose between having the defect repaired or receiving replacement goods. However, the seller may reject the buyer’s chosen remedy if carrying it out would be impossible or would impose unreasonable costs on the seller.

The repair or replacement shall be completed 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 buyer may demand an appropriate price reduction if the goods are not repaired or replaced. This means that the relationship between the reduced price and the agreed price shall correspond to the relationship between the value of the goods in their defective condition and their value in accordance with the agreement. If there are special reasons for doing so, the price reduction may instead correspond to the significance of the defect to the buyer.

Termination

If the goods are not repaired or replaced, the buyer may also terminate the purchase, provided that the defect is not insignificant.

11. The Seller’s Rights in the Event of the Buyer’s Breach of Contract

If the buyer fails to make payment or fulfil their other obligations under the agreement or applicable law, and this is not caused by the seller or circumstances attributable to the seller, the seller may, depending on the circumstances and in accordance with Chapter 9 of the Norwegian Consumer Purchases Act, withhold the goods, demand performance of the agreement, terminate the agreement and claim compensation from the buyer.

Depending on the circumstances, the seller may also claim interest on overdue payments, debt 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 the seller waits an unreasonably long time before making the claim.

Termination

The seller may terminate the agreement if the buyer commits a material payment default or another material breach of contract. However, the seller may not terminate the agreement if the full purchase price has been paid.

If the seller sets a reasonable additional deadline for performance and the buyer does not pay within this deadline, the seller may terminate the purchase.

Interest on Overdue Payments and Debt Collection Fees

If the buyer does not pay the purchase price in accordance with the agreement, the seller may charge interest on the outstanding amount in accordance with the Norwegian Act relating to Interest on Overdue Payments.

In the event of non-payment, the claim may, following prior notice, be referred for debt collection. The buyer may then be held responsible for fees in accordance with the Norwegian Debt Collection Act.

Fee for Uncollected Goods That Have Not Been Paid for in Advance

If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee may not exceed the seller’s actual expenses associated with delivering the goods to the buyer.

Such a fee may not be charged to buyers under the age of 18.

12. Warranty

Any warranty provided by the seller or manufacturer gives the buyer rights in addition to those already provided under mandatory legislation. A warranty therefore does not limit the buyer’s right to make complaints or claims relating to delays or defects under Sections 9 and 10.

13. Personal Data

The seller is the data controller responsible for the personal data collected. Unless the buyer consents otherwise, the seller may, in accordance with applicable data protection legislation, only collect and store the personal data necessary for the seller to fulfil its obligations under the agreement.

The buyer’s personal data will only be disclosed to third parties if this is necessary for the seller to fulfil the agreement with the buyer or where disclosure is required by law.

14. Dispute Resolution

Complaints must be submitted to the seller within a reasonable time, as specified in Sections 9 and 10. The parties shall attempt to resolve any disputes amicably.

If this is unsuccessful, the buyer may contact the Norwegian Consumer Authority for mediation. The Norwegian Consumer Authority can be contacted by telephone at +47 23 400 600 or through www.forbrukertilsynet.no.

The European Commission’s Online Dispute Resolution platform may also be used to submit a complaint. This is particularly relevant if you are a consumer residing in another EU country. Complaints may be submitted at: http://ec.europa.eu/odr.

Introduction

This purchase is governed by the standard terms and conditions set out below for consumer purchases of goods online. Online consumer purchases are primarily governed by the Norwegian Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Withdrawal Act and the Electronic Commerce Act. These laws provide consumers with mandatory rights and are available at www.lovdata.no. The terms of this agreement shall not be interpreted as limiting any statutory rights but set out the parties’ principal rights and obligations in connection with the transaction.

These terms and conditions have been prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these terms and conditions, please refer to the Norwegian Consumer Authority’s guidelines here.

1. The Agreement

The agreement consists of these terms and conditions, the information provided during the ordering process and any separately agreed terms. In the event of any conflict between the information, any terms specifically agreed between the parties shall take precedence, provided that they do not conflict with mandatory legislation.

The agreement is also supplemented by relevant statutory provisions governing the purchase of goods between businesses and consumers.

2. The Parties

The seller is Nygardstranda AS, Nakkegata 12, 6230 Sykkylven, Norway, organisation number 935 285 240, hereinafter referred to as the “seller”.

The buyer is the consumer placing the order, hereinafter referred to as the “buyer”.

3. Price

The stated price for the goods and services is the total amount payable by the buyer. This price includes all taxes, duties and additional charges. The buyer shall not be required to pay any additional costs that the seller did not disclose before the purchase.

4. Formation of the Agreement

The agreement becomes binding on both parties when the buyer submits the order to the seller.

However, the agreement shall not be binding if the seller’s offer in the online store’s ordering system or the buyer’s order contains a typographical or input error, and the other party realised or should have realised that such an error had occurred.

5. Payment

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

If the buyer pays by credit or debit card, the seller may reserve the purchase amount on the card when the order is placed. The card will be charged on the day the goods are dispatched.

When payment is made by invoice, the invoice will be issued when the goods are dispatched. The payment deadline will be stated on the invoice and shall be at least 14 days from receipt.

Buyers under the age of 18 may not pay by deferred invoice.

6. Delivery

Delivery is deemed to have taken place when the buyer, or the buyer’s representative, has taken possession of the goods.

If no delivery date is specified during the ordering process, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the order was placed. The goods shall be delivered to the buyer’s address unless otherwise specifically agreed between the parties.

7. Risk of Loss or Damage

The risk of loss of or damage to the goods passes to the buyer when the buyer, or the buyer’s representative, has 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 in accordance with the Norwegian Right of Withdrawal Act.

The buyer must notify the seller of their decision to exercise the right of withdrawal within 14 days from the date on which the withdrawal period begins. The period includes all calendar days. If the deadline falls on a Saturday, Sunday or public holiday, it shall be extended to the next working day.

The deadline is considered to have been met if the notice is sent before the end of the withdrawal period. The buyer has the burden of proving that the right of withdrawal was exercised. Notice should therefore be given in writing, for example by using the withdrawal form, email or letter.

The withdrawal period begins:

  • For the purchase of individual goods, on the day after the goods have been received.
  • For subscriptions or agreements involving the regular delivery of identical goods, on the day after the first delivery has been received.
  • For purchases consisting of several deliveries, on the day after the final delivery has been received.

The withdrawal period is extended to 12 months after the original deadline if, before the agreement is entered into, the seller fails to inform the buyer of the right of withdrawal and to provide the standard withdrawal form. The same applies if the seller fails to provide information about the terms, deadlines and procedure for exercising the right of withdrawal. If the seller provides this information during the 12-month period, the withdrawal period shall expire 14 days after 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 shall cover the direct costs of returning the goods unless otherwise agreed or the seller failed to inform the buyer that the buyer would be responsible for the return costs. The seller may not charge a fee for the buyer’s exercise of the right of withdrawal.

The buyer may inspect or test the goods in a reasonable manner to determine their nature, characteristics and functionality without losing the right of withdrawal. If the buyer’s inspection or testing goes beyond what is reasonable and necessary, the buyer may be held liable for any reduction in the value of the goods.

The seller is required to refund the purchase amount to the buyer without undue delay and no later than 14 days after receiving notice of the buyer’s decision to exercise the right of withdrawal. The seller may withhold the refund until the goods have been received from the buyer or until the buyer has provided documentation confirming that the goods have been returned.

9. Delayed or Failed Delivery – The Buyer’s Rights and Deadline for Making a Claim

If the seller fails to deliver the goods, or delivers them late under the agreement between the parties, and this is not caused by the buyer or circumstances attributable to the buyer, the buyer may, depending on the circumstances and in accordance with Chapter 5 of the Norwegian Consumer Purchases Act, withhold payment, demand performance, terminate the agreement and/or claim compensation from the seller.

For evidentiary purposes, notice of claims relating to breach of contract should be given in writing, for example by email.

Performance

The buyer may uphold the purchase and demand performance from the seller. However, the buyer may not demand performance if an obstacle exists that the seller cannot overcome, or if performance would cause the seller such significant inconvenience or expense that it would be substantially disproportionate to the buyer’s interest in the seller’s performance. If the difficulties cease to exist within a reasonable period, the buyer may nevertheless demand performance.

The buyer loses the right to demand performance if they wait an unreasonably long time before making the claim.

Termination

If the seller does not deliver the goods at the agreed time, the buyer shall request that the seller deliver within a reasonable additional period. If the seller does not deliver within this additional period, the buyer may terminate the purchase.

The buyer may terminate the purchase immediately if the seller refuses to deliver. The same applies if delivery at the agreed time was essential to the conclusion of the agreement or if the buyer informed the seller that the delivery date was essential.

If the goods are delivered after the additional deadline set by the buyer, or after the delivery date that was essential to the agreement, the buyer must exercise the right to terminate within a reasonable time after becoming aware of the delivery.

Compensation

The buyer may claim compensation for losses incurred as a result of the delay. However, this does not apply if the seller demonstrates that the delay was caused by an obstacle beyond the seller’s control that could not reasonably have been foreseen when the agreement was entered into, avoided or overcome.

10. Defective Goods – The Buyer’s Rights and Deadline for Making a Complaint

If the goods are defective, the buyer must notify the seller within a reasonable time after the defect was discovered or should have been discovered and state that they intend to rely on the defect. A complaint is always considered to have been submitted in time if it is made within two months after the defect was or should have been discovered.

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 period is five years.

If the goods are defective and this is not caused by the buyer or circumstances attributable to the buyer, the buyer may, depending on the circumstances and in accordance with Chapter 6 of the Norwegian 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 submitted in writing.

Repair or Replacement

The buyer may choose between having the defect repaired or receiving replacement goods. However, the seller may reject the buyer’s chosen remedy if carrying it out would be impossible or would impose unreasonable costs on the seller.

The repair or replacement shall be completed 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 buyer may demand an appropriate price reduction if the goods are not repaired or replaced. This means that the relationship between the reduced price and the agreed price shall correspond to the relationship between the value of the goods in their defective condition and their value in accordance with the agreement. If there are special reasons for doing so, the price reduction may instead correspond to the significance of the defect to the buyer.

Termination

If the goods are not repaired or replaced, the buyer may also terminate the purchase, provided that the defect is not insignificant.

11. The Seller’s Rights in the Event of the Buyer’s Breach of Contract

If the buyer fails to make payment or fulfil their other obligations under the agreement or applicable law, and this is not caused by the seller or circumstances attributable to the seller, the seller may, depending on the circumstances and in accordance with Chapter 9 of the Norwegian Consumer Purchases Act, withhold the goods, demand performance of the agreement, terminate the agreement and claim compensation from the buyer.

Depending on the circumstances, the seller may also claim interest on overdue payments, debt 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 the seller waits an unreasonably long time before making the claim.

Termination

The seller may terminate the agreement if the buyer commits a material payment default or another material breach of contract. However, the seller may not terminate the agreement if the full purchase price has been paid.

If the seller sets a reasonable additional deadline for performance and the buyer does not pay within this deadline, the seller may terminate the purchase.

Interest on Overdue Payments and Debt Collection Fees

If the buyer does not pay the purchase price in accordance with the agreement, the seller may charge interest on the outstanding amount in accordance with the Norwegian Act relating to Interest on Overdue Payments.

In the event of non-payment, the claim may, following prior notice, be referred for debt collection. The buyer may then be held responsible for fees in accordance with the Norwegian Debt Collection Act.

Fee for Uncollected Goods That Have Not Been Paid for in Advance

If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee may not exceed the seller’s actual expenses associated with delivering the goods to the buyer.

Such a fee may not be charged to buyers under the age of 18.

12. Warranty

Any warranty provided by the seller or manufacturer gives the buyer rights in addition to those already provided under mandatory legislation. A warranty therefore does not limit the buyer’s right to make complaints or claims relating to delays or defects under Sections 9 and 10.

13. Personal Data

The seller is the data controller responsible for the personal data collected. Unless the buyer consents otherwise, the seller may, in accordance with applicable data protection legislation, only collect and store the personal data necessary for the seller to fulfil its obligations under the agreement.

The buyer’s personal data will only be disclosed to third parties if this is necessary for the seller to fulfil the agreement with the buyer or where disclosure is required by law.

14. Dispute Resolution

Complaints must be submitted to the seller within a reasonable time, as specified in Sections 9 and 10. The parties shall attempt to resolve any disputes amicably.

If this is unsuccessful, the buyer may contact the Norwegian Consumer Authority for mediation. The Norwegian Consumer Authority can be contacted by telephone at +47 23 400 600 or through www.forbrukertilsynet.no.

The European Commission’s Online Dispute Resolution platform may also be used to submit a complaint. This is particularly relevant if you are a consumer residing in another EU country. Complaints may be submitted at: http://ec.europa.eu/odr.