TERMS AND CONDITIONS
Last updated: 15.12.2017
- The Parties
- Conclusion of the contract
- Order confirmation
- Delivery, etc.
- The risk of the goods
- Right of return for single purchases
- Right of withdrawal for subscription purchases
- Duty to investigate
- Complaint in case of lack and deadline for notification of delay
- Buyer’s right of delay
- Buyer’s rights in case of defect
- Seller’s right to buyer’s default
- Personal information
- Conflict Resolution
This purchase is governed by the following standard terms of sale for consumer purchases of goods over the Internet. Consumer purchases mean the sale of goods to consumers who are not primarily engaged in business activities and when the seller acts in business with the sale of goods over the internet. The contract has been prepared and recommended by the Norwegian Consumer «Ombudsman».
Consumer purchases over the Internet are governed mainly by the Contracts Act, the Consumer Buying Act, the Marketing Act, the Restrictions Act and the E-commerce Act, and these laws give consumers unmatched rights. The terms of the contract shall not be construed as limiting the statutory rights, but shall establish the parties’ most important rights and obligations for the trade. 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 address the solution to a problem, the contract must be completed with relevant legal provisions
The agreement between the buyer and the seller consists of the information the seller gives about the purchase in the order solution in the online store (including information about the nature of the item, quantity, quality, other characteristics, price and delivery terms), any direct correspondence between the parties (such as email) and these terms of sale. In the event of contradiction between the information provided by the seller about the purchase in the order 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 given in the ordering solution in advance of the terms of sale, provided that this does not conflict with binding legislation.
Seller: Olivita AS
Company Name: Olivita AS
Contact Address: Vestregata 27-31, 9008 Tromsø
Email: firstname.lastname@example.org [/ antispam_email]
Identification number: 985 156 719
Buyer is the person who makes the order.
Prices quoted in the online store include value added tax. Details of the total costs that the buyer will pay, including all taxes (VAT, customs, etc.) and delivery costs (shipping, postage, billing, packaging, etc.) and specification of the individual items in the total price are given in the ordering solution before ordering. (Delivery to Svalbard or Jan Mayen will be sold without addition of VAT.)
4. TERMINATION OF AGREEMENT
The agreement is binding on both parties when the buyer’s order has been received by the seller. However, a party is not bound by the agreement if there are typing or typing errors the offer from the seller in the order solution in the online store or in the buyer’s order and the other party realized or ought to have realized that such an error existed.
One-time purchases do not result in automatic shipments.
Ongoing subscription will automatically renew at each delivery in that frequency and with the number of units of product buyer has chosen.
Subscription can be terminated on a continuous basis. The termination will come into effect with immediate effect. The exception is when goods are shipped from the seller, usually up to 10 business days before the buyer will receive the next delivery. Buyer is therefore obliged to receive and pay for this delivery.
Cancellations of subscription are sent to: email@example.com [/ antispam_email] or to Olivita AS, mailbox 551, 9256 Tromsø.
5. ORDER REPORT
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 number, item type, price etc. If there is no match between the order and the order confirmation, the buyer should contact the seller as soon as possible.
The seller may require payment for the item from the time it is shipped from the seller to the buyer. If the buyer uses credit card2 or debit card3 upon payment, the seller can reserve the purchase price on the card at the time of booking for up to 4 days from the order.4
1 See Law of 19 June 1969 No. 66 on Value Added Tax Section 16.
2 A credit card is a payment card where the settlement of the purchase occurs afterwards by the creditor
(credit card company) sends cardholder invoice with payment request.
3 A debit card is a payment card associated with a deposit account. Using the card entails that the user’s account becomes
charged and the amount is transferred to the payee’s account.
4 When paying by credit card, the law on credit purchases, etc. come into use.
5 If the seller offers re-invoicing, the invoice of the buyer shall be issued on shipment of the goods. The due date shall be set at least 14 days from the buyer receiving the shipment. If the seller has a specific need to claim an advance payment from the buyer, for example, by purchasing a purchase, the seller may require this. Buyers under the age of 18 can only pay directly at the seller’s delivery of the item or upon delivery of the item at postal order.
Delivery of the item from the seller to the buyer takes place in the manner, at the place and time specified in the order solution in the online store. If no delivery date is stated in the ordering solution, the seller shall deliver the item to the buyer within a reasonable period of time and within 30 days of the order from the customer. Should the seller ensure that the goods are dispatched to the buyer, he is obliged to have the goods shipped to the place of destination in a suitable manner and under normal conditions for such transportation. The destination is at the buyer with unless otherwise specifically agreed between the parties.
8. THE RISK OF THE GOODS
The risk of the goods passes on to the buyer when the item is taken over by the buyer under the agreement. If the delivery time has come and the buyer fails to take over an item that is at his or her disposal after the agreement, the buyer still has the risk of loss or damage caused by the characteristics of the item itself.
9. RIGHT OF WITHDRAWAL – ONE TIME BUY
The buyer can undo the purchase of the product in accordance with the provisions of the Restrictions Act7. Right of cancellation means that the buyer can return the item to the seller without reason, even if there is no shortage of it and even if it is not delivered. The buyer must notify the seller of the use of the right of withdrawal within 14 days after the goods, the prescribed information about the right of cancellation and the cancellation form has been received. Should the buyer receive a reprieve form and the necessary information at a later date than upon delivery of the item begins to run from the date the buyer receives the registry form and the information. If the buyer has not received sufficient information or cancellation form, the deadline will still expire 3 months after receipt of the item. If the buyer has not received a right of cancellation at all, the time limit will be 1 year. For the sake of proof, the notice from the buyer to the seller of the right of withdrawal should be in writing (reminder form, e-mail, fax or letter) and it must contain information on how the buyer will return the item to the seller.
7 Act of 21 December 2000 No. 105 on disclosure and right of return, etc. by distance selling and sales outside fixed outlet (law of cancellation).
When using the right of cancellation, the item must be returned to the seller within a reasonable period of time. The seller is obliged to repay the entire purchase price to the buyer within 14 days from the date the seller receives the item or the voucher or the goods are placed at the seller’s disposal. The seller can not set fees for the buyer’s use of the right of withdrawal, but the seller may require the buyer to pay the cost of the return shipment. The buyer can check the product before he or she regrets the purchase. However, the product must be returned to the seller in approximately the same condition and quantity as it was when the buyer received it. The buyer should return the item back to the seller in the original packaging if this is possible. The buyer can not regret the purchase of goods that deteriorate quickly or goods that by their nature can not be returned.
10. RIGHT OF WITHDRAWAL – SUBSCRIPTION
When ordering a subscription, the right of cancellation applies to the first delivery as described in item 9 above. Termination of subscription must be made as described under item 4.
12. DECLARATION OF LIABILITY AND WITH REGARD TO DELAY REQUIREMENTS
In the event of a defect in the goods, the buyer must, within a reasonable period of time after discovering it, inform the seller that he or she will invoke the defect. The time limit may never be shorter than two months from the time the consumer discovered the defect. Complaints must nevertheless occur no later than two years after the buyer took over the item. If the item or part of it is intended to last significantly longer, the complaint period is five years. In case of delay, claims must be made within a reasonable period of time after delivery time has come and the product has not been delivered. If the item is paid by credit card, the buyer can also choose to advertise and send claims directly to creditors (credit card company) 8. The notification to the seller or creditors should be in writing (e-mail, fax or letter).
13. BUYER’S RIGHTS BY DELAY
If the seller does not deliver the item or deliver it too late in accordance with the agreement between the parties, and this is not due to the buyer or relationship on the buyer, the buyer may, in accordance with the rules in the Consumer Buying Act’s Chapter 5, return the purchase price, demand fulfillment, terminate the agreement and claim compensation from the seller.
Compliance: If the seller does not deliver the item at the time of delivery, the buyer can maintain the purchase and set a reasonable additional deadline for fulfillment from the seller. The buyer can not, however, demand fulfillment if there is an obstacle that the seller can not overcome or if fulfillment will cause such a big disadvantage or expense for the seller that there is a significant discrepancy with the buyer’s interest in the seller fulfilling. Failing the difficulties within a reasonable time, the consumer may require fulfillment.
Elevation: The buyer can terminate the agreement with the seller if the delay is significant or if the seller does not deliver the goods within the additional period of fulfillment as the buyer has provided. However, the buyer can not cancel the agreement while the additional deadline expires unless the seller has stated that he or she will not meet within the deadline.
Compensation: The buyer may also claim compensation for loss he or she suffers as a result of the delay by the seller, cf. section 29 of the Consumer Buying Act. The buyer must report claims to the seller by complaint cf. item 11 of this contract.
8 Act of 21 June 1985 No. 82 on credit purchases, etc. § 8.
14. BUYER’S RIGHTS BY PRODUCT DEFECTS
If the product has a defect and this is not due to the buyer or condition on the buyer, the buyer may, in accordance with the rules in the Consumer Buying Act, chapter 6, in turn, keep the purchase price, choose between rectification and replacement, demand a price reduction, demand the agreement raised and compensation from the seller. Correction or replacement: If the item has a defect, the buyer may require the seller to correct the defect or return the corresponding item. The seller can oppose Buyer’s claim if the execution of the claim is impossible or the seller’s unreasonable costs are incurred. The seller must make the fix or delivery within a reasonable time. Correction or redeployment shall be made free of charge to the buyer, without the risk that the buyer will not cover his expenses and without any significant disadvantage for the buyer. The seller can not make more than two attempts to rectify or resign for the same defect, unless there are special reasons that allow further attempts to be reasonable. Even if the buyer does not require correction or replacement, the seller may offer rectification or replacement if this happens without delay. If the seller makes such corrections or redeployment, the buyer may not demand a price reduction or cancellation. Price reduction: If the defect is not corrected or returned, the buyer may request a relative price reduction. Elevation: Instead of 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 goods having a defect, cf. section 33 of the Consumer Procurement Act. The buyer must report to the seller by complaint cf. clause 11 of this contract. In addition, and regardless of the rules of cancellation and any warranties made by the seller.
15. SELLER’S RIGHTS BY THE BUYER’S FAILURE
If the buyer does not pay or meet the other obligations under the agreement, and this is not due to the seller or seller relationship, the seller may, in accordance with the rules of Consumer Purchase Act Chapter 9, after the circumstances, keep the goods back, demand fulfillment of the agreement, demand the agreement raised and replace the buyer. The seller may also require interest on late payment, collection fee and fee for unpaid unpaid items. In the case of non-payment, the claim may be sent to the debtor in advance, and the buyer may then be held liable for fees pursuant to the law on collection and other recovery of overdue monetary requirements. Fee for unpaid non-prepaid goods: If the buyer fails to collect unpaid goods, the seller may charge a buyer with a fee of the equivalent of NOK. 70 + shipping return. The fee shall cover the seller’s actual outlay to deliver the item to the buyer. Such a fee can not be charged to buyers under 18 years of age.
Compliance: If the buyer does not pay, the seller can maintain the purchase and demand that the buyer pay the purchase price (fulfillment). If the goods are not delivered, their seller loses right if he waits unreasonably for a long time to promote the claim.
Remedy: In the case of material breach of payment or other material breach of the buyer, the seller may terminate the agreement. The seller can not, however, raise after the purchase price is paid. The seller may also raise the purchase if the buyer does not pay within a reasonable time limit for fulfillment set by the seller. The seller can not, however, raise while the additional deadline expires, 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 breach of contract from the buyer cf. the Consumer Purchasing Act §46.
Interest on late payment / collection fee: If the buyer does not pay the purchase price under the agreement, the seller may claim interest on the purchase price pursuant to interest on late payment.
Warranty provided by the seller or the manufacturer gives the buyer rights in addition to the rights the buyer already has in accordance with indelible legislation. A warranty thus does not imply any restrictions on the buyer’s right to complaint and claims for delay or lack of items 12 and 13.
17. PERSONAL INFORMATION
Unless the buyer agrees to anything else, the seller may only retrieve and store the personal information necessary for the seller to be able to fulfill the obligations under the agreement. Personal data for buyers under 15 years can not be obtained unless the seller has consent from parents or guardians. The buyer’s personal information shall only be disclosed to others if it is necessary for the seller to have the agreement with the buyer, or in a statutory case.
The seller can only collect the buyer’s social security number if there is a need for secure identification and such collection is required. If the seller wishes to use the buyer’s personal information for other purposes, for example, to send the buyer advertisements or information beyond what is necessary to complete the agreement, the seller must obtain the buyer’s consent at the time of the contract. The seller must provide the buyer with information about what the personal information will be used for and about who will use the personal information. The buyer’s consent must be voluntary and handed in by an active act, such as by ticketing. The buyer should be able to easily contact the seller, for example by phone or email if he or she has questions about the seller’s use of personal information or if he or she wishes the seller to delete or change the personal information. The personal information that the buyer provides to the seller may use the information to send you an email, newsletter, customer review request via Trust Pilot and Facebook ads.
If the buyer has questions about personal information related to him or wishes to make use of the buyer’s right to rectification, barring, deletion, etc. pursuant to the Personal Information Act, the buyer may contact the seller on telephone 004746433000 or by email: mail @ olivita.com [/ antispam_email]
18. CONFLICT SOLUTION
The parties shall endeavor to resolve any dispute in agreement. The buyer can contact the Consumer Council to get assistance in any dispute with the seller. If a memorable solution is not obtained after brokering in the Consumer Council, the parties may in writing request that the Consumer Council promote the dispute for the Consumer Rights Committee. Decisions by the Consumer Rights Committee are valid four weeks after the announcement. Before the decision is enforceable, the parties may, by submitting a letter to the Consumer Rights Committee, bring the decision to the District Court.