Terms of sale

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 mainly regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act and the E-Commerce Act, and these laws give the consumer inalienable rights. The laws are available at www.lovdata.no . The terms of this agreement should not be understood as any limitation on the statutory rights, but set out the parties' most important rights and obligations for the trade.

The terms of sale have been prepared and recommended by the Danish Consumer Authority. For a better understanding of these terms of sale, see the Danish Consumer Authority's guide. here .

1. The Agreement

The agreement consists of these terms of sale, information provided in the order solution and any separately agreed terms. In the event of any conflict between the information, what has been specifically agreed between the parties takes precedence, unless it conflicts with mandatory legislation.

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

2. The parties

Seller is: Product By Nordvik ENK, Address: Viulsrødveien 7,3185 Skoppum, E-mail: Post@productsbynordvik.com, Tel: +47 46 949146, Org.nr: 93324694, and is hereinafter referred to as the seller/seller.

Buyer is the consumer who places the order, and is hereinafter referred to as the buyer/purchaser.

3. Price

All prices are stated in NOK. The stated price for the 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 about before the purchase, the buyer shall not bear.

The seller reserves the right to any price changes as a result of changes from our partners. In special cases of typographical errors or printing errors (advertisements, campaigns or prices set on the website) where the price deviates by more than 15% from the original price, the seller may change the price or cancel the order. If price changes occur after the order is placed that are not due to an error, this will not have retroactive effect. This applies even if the buyer has received an order confirmation or similar. However, such errors must be corrected within a reasonable time after the error is discovered.

4. Conclusion of the agreement

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

The agreement is not binding, however, if there has been a typing or typing error in the offer from the seller 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. The seller reserves the right to cancel the order if the product is sold out, or there are items that cannot be combined. If this becomes applicable, the buyer will be notified of this, with a suggestion of what the seller can offer that matches the buyer's needs. Reservations are made regarding cancellation of orders intended for resale.

5. Payment

The seller must clearly and distinctly state, at the latest at the time the ordering process begins, which payment methods are accepted so that the buyer avoids starting an order that cannot be completed anyway because she or he does not have the relevant payment methods at his or her disposal.

Example:
Buyers can choose between different payment methods. After the buyer has chosen a payment method, information is provided about when payment will be made, or when money will be deducted from the account.
The seller will be able to reserve the amount in the buyer's account until the item has been shipped. If the amount is reserved by the buyer, the money will not be available, but will remain in the buyer's possession.

If the amount is deducted before the goods are shipped, the payment will be considered an advance payment. The seller must have a special need to demand such payment, e.g. in the case of manufacturing purchases. Liquidity needs are not considered a special basis for advance payment. When the seller demands advance payment, the buyer must be clearly informed of this in the ordering process.

Purchases made by minors
Minors can purchase goods over the internet if they have the funds themselves.

It is not in doubt that funds in a minor's bank account are initially made available to the minor if the minor has been issued a bank card linked to the account in question. The guardian must give his consent for the bank to activate a minor's bank card for online purchases.

If the buyer is under 18 years of age, he or she cannot pay for the goods with a subsequent invoice. This is because a minor would incur debt by making a subsequent payment, which is prohibited under Section 9 of the Guardianship Act, cf. Section 40.

6. Delivery

The buyer must be informed about alternative delivery solutions and their characteristics before the purchase is made.

Example:
The buyer can choose between different delivery methods. After the buyer has chosen a delivery method, information is provided on how long it usually takes for the buyer to receive the item.
Delivery has occurred when the buyer, or someone he or she has commissioned to receive or transport the goods, has become aware that the goods have been made available to them at the place of delivery.

If the seller has an agreement with a carrier to ship the goods to the buyer, delivery does not occur upon handover to the carrier, but only upon handover to the buyer.

Delivery has occurred when control of the goods has passed to the buyer, or a carrier with whom the buyer has entered into an agreement. Delivery has occurred if the goods have been placed in the buyer's mailbox or if, by agreement with the buyer, they have been delivered, for example, to the workplace, to a neighbor, or to the buyer's garage.

Delivery, however, has not occurred when the item is dropped off at the post office or in a store. Delivery only occurs when the buyer has picked up the item.

7. The risk of the goods

In the case of consignment purchases, the risk of the goods passes to the buyer when he has received the goods in accordance with point 6. If the consumer has asked a third party to receive or collect the goods on his behalf, the risk passes when this person has received the goods in his possession.

If the goods are lost or damaged before physical possession is taken over, the seller bears the risk of this. If the goods are lost or damaged after physical possession, the buyer bears the risk. If the consumer chooses his own carrier to carry out the transport assignment, and it was not the seller who offered this transport option, the risk passes to the consumer when his own carrier has taken possession of the goods.

8. Right of withdrawal

The Right of Withdrawal Act gives the buyer the right to cancel a purchase. The right of withdrawal applies to goods and certain services. The right of withdrawal requires that the buyer notify the seller in writing (by email or letter) no later than 14 days after he/she receives the delivery. Please use the right of withdrawal form that you download. here .

Return of goods must be agreed with the seller, and must be made within a reasonable time and in original packaging to Product By Nordvik ENK, Address: Viulsrødveien 7, 3185 Skoppum, where the buyer is responsible for the return and covers the return costs. Any reduction in value due to the buyer's handling of the goods may be charged to the buyer.

The seller undertakes to refund what the buyer has paid, including shipping costs, handling fees, etc. Refunds must be made within fourteen days of the seller receiving the product.

When exercising the right of withdrawal, the product must be sent to the seller, preferably in the original packaging. A completed withdrawal form must be enclosed. Read more on the withdrawal form.

Exceptions to the right of withdrawal : Delivery of goods that deteriorate or quickly expire
Examples could be fresh food or cut flowers. Health food products will not be covered by the exemption.

9. Buyer's rights and complaint deadlines

Defect in the product

If there is a defect in the goods, the buyer must, within a reasonable time after it was discovered or should have been discovered, notify the seller that he or she will claim the defect. The buyer has always made a complaint in time if this occurs within 2 months from the time the defect was discovered or should have been discovered. Complaints can 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 than two years, the complaint period 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, 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 the agreement be terminated and/or demand compensation from the seller.

Complaints

Complaints to the seller should be made in writing. Any complaints must be addressed as soon as possible with the seller. There is no right of complaint for wearing parts such as skamol plates and gaskets. Glass must be assessed in each case. The seller's obligations are limited to supplying spare parts free of charge that the customer must install themselves.

Correction or resubmission
The buyer can choose between demanding the defect be rectified or delivery of equivalent goods. The seller may, however, oppose the buyer's claim if the implementation of the claim is impossible or causes the seller unreasonable costs. Rectification or replacement shall be carried out within a reasonable time. 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 ratio between the reduced and the agreed price corresponds to the ratio between the value of the goods in their defective and contractual condition. If special reasons justify it, the price reduction may instead be set equal to the significance of the defect for the buyer.

Raising
If the goods are not corrected or replaced, the buyer may also cancel the purchase when the defect is not insignificant. If the seller does not deliver the goods at the time of delivery, the buyer shall encourage 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 cancel the purchase.

Delay and non-delivery – buyers' rights and deadline for filing claims

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/or demand compensation from the seller, depending on the circumstances.

When claiming default powers, the notification should be in writing (for example, email) for evidentiary reasons.

Fulfillment
The buyer may maintain the purchase and demand 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. Should the difficulties disappear within a reasonable time, the buyer may still demand fulfillment.

The buyer loses his or her right to demand fulfillment if he or she waits an unreasonable amount of time to make the claim.

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

If the item is delivered after the additional deadline set by the consumer or after the time of delivery that was decisive for the conclusion of the agreement, a claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.

Replacement
The buyer may claim compensation for losses suffered as a result of the delay. However, this does not apply if the seller proves that the delay is due to an obstacle beyond the seller's control that could not reasonably have been taken into account at the time of the agreement, avoided, or the consequences of which could not have been overcome.

10. Seller's rights

If the buyer does not pay or fulfill the other obligations under the agreement or the law, 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 the agreement be terminated and demand compensation from the buyer. The seller may also, depending on the circumstances, demand interest for late payment, collection fees and a reasonable fee for uncollected goods.

Fulfillment
The seller can maintain the purchase and demand that the buyer pay the purchase price. If the item is not delivered, the seller loses his right if he waits an unreasonable amount of time to file the claim.

Raising
The seller may terminate the agreement if there is a material default on payment or other material breach by the buyer. However, the seller may not terminate if the full purchase price has been paid. If the seller sets a reasonable additional deadline for fulfillment and the buyer does not pay within this deadline, the seller may terminate the purchase.

Interest in case of late payment/collection fee
If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price under the Late Payment Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to the buyer who may then be held liable for fees under the Collection Act.

Fee for uncollected, non-prepaid items
If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee shall not exceed the seller's actual expenses for delivering the goods to the buyer. Such a fee may not be charged to buyers under the age of 18.

Sales pledge

The seller has a sales lien on the delivered products until the purchase price, including interest and costs, has been paid in full.

Reservations

Seller reserves the right to make any errors in price and stock status in the online store. Image may differ from the actual product. Product features may change without notice.

11. Warranty

A guarantee provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A guarantee therefore does not imply any limitations on the buyer's right to make complaints and claims in the event of delays or defects under points 9 and 10.

12. Personal data

The data controller for the collected personal data is the seller. Unless the buyer consents otherwise, the seller may, in accordance with the Personal Data Act, 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 buyer's personal data will 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.

13. Disputes

The parties shall attempt to resolve any disputes amicably. If this is unsuccessful, the buyer may bring the matter before the Consumer Council near his or her place of residence. All disputes shall be resolved in accordance with Norwegian law. If the matter is brought before the courts, it shall be decided in the buyer's place of jurisdiction, which is normally near the buyer's address.

14. Conflict resolution

Complaints must be addressed to the seller within a reasonable time, cf. points 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is unsuccessful, the buyer may contact the Norwegian Consumer Council for mediation. The Norwegian Consumer Council is available by telephone at 23400500 or www.forbrukerradet.no .