Last updated on August 23rd, 2019 at 04:46 pm
Table of Contents:
8.The risk of the goods
9.Right of withdrawal
10.Duty to investigate
12.Buyer’s rights: part 1
13.Buyer’s rights: part 2
This acquisition is regulated by the below standard terms of sale for consumer purchases of goods over the Internet. With consumer sales refers to sales of goods to consumers who do not primarily acting in business activity, and when the seller acting in business with the sale of goods over the internet. The contract is prepared and recommended for use by the Consumer Ombudsman.
Consumer purchases over the Internet is governed mainly by the Contracts, consumer law, marketing law, consumer law and commerce law, these laws give consumers mandatory rights. The terms of the contract should not be construed as a limitation of the statutory rights, but poses major parties’ rights and obligations for trade. The seller can choose to offer the buyer better terms than those stated in the sales conditions.
In cases where the contract does not directly provide the solution to a problem, the contract must be supplemented with relevant statutory provisions.
The agreement between buyer and seller consists of information the seller provides the purchase in order solution in the site (including without limitation information about the nature, quantity, quality, other characteristics, price and delivery), any direct correspondence between the parties (eg e-mail) as well sales conditions.
Upon conflict between the information the seller has provided for the purchase in order solution in the online store, direct correspondence between the parties and the terms of the sale conditions, the direct correspondence between the parties and the information given in order solution in front of the sale conditions, unless it is contrary to binding legislation.
The Seller is the legal entity that is selling the goods for the Buyer.
The buyer is the person making the booking. and pays for the goods to the Seller.
Prices, which are quoted in the shop include VAT.
Information on the total cost buyer shall pay, inclusive of all taxes (VAT, customs, etc.) and delivery costs (freight, shipping, billing fee, packaging, etc.) as well as specification of the individual elements of the total price given in order solution before booking has been made. (Product Deliveries to Svalbard or Jan Mayen will be sold without the addition of merverdiavgift.1)
4. Contracts entered
The agreement is binding for both parties when the buyer’s order is received by the seller.
A party is not bound by the agreement if it has been writing or typing error in the quotation from the seller in order solution in the site or in the buyer’s order, and the other party realized or should have realized that it was such a mistake.
5. Order Confirmation
Once the seller receives the buyer’s order, the Seller shall without undue delay confirm the order by sending an order confirmation to the buyer.
It is recommended that the buyer verifies that the order confirmation matches the order with respect to the number, product type, price etc. Is it not match the order and order confirmation, the buyer should contact the seller as soon as possible.
The seller may demand payment for the goods from the time it is sent from the seller to the buyer.
Offering merchant for billing, the invoice issued to the buyer for shipment of goods. Maturity date shall be set at a minimum of 14 days from the buyer receives the shipment.
The seller specific need to require advance payment from the buyer, for example in the manufacture of purchase, the seller may require this.
Buyers under 18 years can only pay directly at the seller’s delivery of the goods or the delivery of goods by postoppkrav.6
Delivery of goods from seller to buyer’s on the way, in the place and at the time specified in the order solution in the online store.
If delivery time 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. Seller shall ensure that the goods are sent to the buyer, he is obliged to get the item shipped to your destination in an appropriate manner and on usual terms for such transportation. The destination is the buyer unless otherwise agreed between the parties.
8. The risk of the goods
The risk of the goods passes to the buyer when the goods are taken over by the buyer under the agreement. If the delivery time has come and the buyer fails to acquire an item that is placed at his or her disposal by agreement, however, the risk of loss or damage caused by characteristics of the product itself.
The buyer may cancel the purchase of the product after cooling Act bestemmelser7. Withdraw means that the buyer a reason to return goods to the seller even though there is no shortage at it and even if it is not delivered.
The buyer must give the seller notice of the use of the right of withdrawal within 14 days after the goods, the prescribed information on the right of withdrawal and return form is received. Receives buyer regret form and the required information at a later date than by delivery of the item, begin the withdrawal period to run from the day the buyer receives the return form and information. If the buyer has not received sufficient information or return form, the withdrawal period still go out 3 months after receipt. If the buyer has not received information about the withdrawal at all, the deadline will be 1 year.
The message from the buyer to the seller on the use of the right of withdrawal should be consideration of evidence in writing (return form, e-mail, fax or letter) and must contain information about how the buyer will return the item to the seller.
Using undo court Item 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 date the seller receives goods or recall ballot or 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 return costs.
The buyer can examine the product before he or she regret the purchase. The product must still be delivered back to the seller in the same condition and quantity as it was when the buyer received it. Buyer should send the item back to the seller in its original packaging if possible.
The buyer can not regret the purchase of goods which deteriorate rapidly, goods which by their nature can not be returned, or on audio and video recordings (including CDs, DVDs) or computer applications where the seal is broken. The latter exception applies only if the seller clearly stated whether the conditions for withdrawal of the right of withdrawal on the seal.
10. Examination of the goods
When the buyer receives the item, it is recommended that he or she reasonable extent examine whether it complies with the order, if it has been damaged in transit or if it otherwise lacks.
If the item does not match the order or missing, the buyer must notify the seller when complaints cf. Contract item 11.
If there is a shortage of goods, the buyer must within a reasonable time after he or she discovered it, give the seller notice that he or she will invoke lack. The deadline can not be shorter than two months from the time the consumer discovered the defect. Complaints must still happen later than two years after the buyer took the goods. If the goods or part of it is supposed to last considerably longer, the warranty period of five years.
The delay requirements must be selling within a reasonable time after the delivery time has come and the goods are not delivered.
If the item is paid by credit card, the buyer may also choose to advertise and submit claims directly to the creditor (credit card company) .8
Message to the seller or the creditor should be in writing (e-mail, fax or letter).
12. Buyer’s rights: part 1
If the seller does not deliver the goods or supply it too late according to the agreement between the parties, and this is not due to the buyer or the buyer, the buyer according to the rules of consumer Chapter 5 circumstances withhold payment, demand fulfillment, terminate the contract and claim damages from the seller.
Fulfillment: If the seller does not deliver the goods at the time of delivery, the buyer may insist on the purchase and set a reasonable accessory deadline for compliance from the seller. The buyer can not demand performance if there is an obstacle that the seller can not overcome or if compliance would cause such a big disadvantage or cost to the seller that there are significantly disproportionate to the buyer’s interest in the seller meets. Difficulty falling away within a reasonable time, consumer demand fulfillment.
Termination: The buyer may cancel the agreement with the seller if the delay is significant or if the seller does not deliver goods within the additional period for compliance as the buyer has specified. The buyer may not terminate the contract while the deadline expires, unless the seller has said he or she did not meet the deadline.
Replacement: The buyer may also claim compensation for losses they suffer as a result of the delay of Seller ref. Consumer § 24.
The buyer must submit claims to the seller when complaints cf. This contract section 11.
13. Buyer’s rights: part 2
If the item is defective and this is not due to the buyer or the buyer, the buyer according to the rules of consumer law, Chapter 6 in the circumstances withhold payment, choose between rectification and replacement, demand reduction, require the agreement raised and compensation from the seller.
Correction or replacement: If the item has a defect, the buyer may require the seller to rectify the defect or replace the same item. The seller may refuse buyer requirement if the implementation of the requirement is impossible or causes the seller unreasonable costs.
Seller shall make no law or replacement within a reasonable time. Correction or replacement shall be made at no cost to the buyer, without the risk that the buyer does not cover their expenses and without significant inconvenience to the buyer. Seller can not make more than two attempts repair or replacement the same defect, unless there are special reasons that make further attempts are reasonable.
Although buyer does not require repair or replacement, the seller may offer repair or replacement if this happens without delay. If the seller makes such repair or replacement, the buyer can not demand a price reduction or uplift.
Price reduction: If the deficiency is not corrected or replace, the buyer may request a proportional price reduction.
Elevation: Rather than discount the buyer may terminate the contract, except when the defect is immaterial.
Replacement: The buyer may also claim compensation for financial losses they suffer as a result of the product is faulty ref. Consumer § 33.
The buyer must submit claims to the seller when complaints cf this contract section 11. The rules concerning complaints shall in addition to, and independent of, the rules on withdrawal and any guarantees by the seller.
14. The Seller’s rights
If the buyer fails to pay or meet other obligations under the agreement, and this is not due to the seller or conditions of the seller, the seller in accordance with the rules of consumer law, Chapter 9 in the circumstances withhold the goods, demand fulfillment of the agreement, require the agreement raised and compensation from buyer. The seller may also circumstances could charge interest on late payments, collection charges and charges related to non-prepaid unclaimed goods.
Fulfillment: If the buyer does not pay, the seller may insist on the purchase and require the buyer to pay the purchase price (true). If the goods are not delivered, the seller loses his right if he delays unreasonably before submitting his claim.
Elevation: The major payment default or material breach by the buyer, the seller may terminate the contract. The seller can not increase after the price has been paid.
The seller may also terminate the contract if the buyer does not pay within a reasonable extension deadline set by the seller. The seller can not increase while the deadline expires, unless the buyer has declared that he or she will not pay.
Replacement: The seller may claim damages from the buyer for financial losses they suffer as a result of breach of contract by the buyer cf. Consumer § 46.
Interest on overdue payments / collection charges: If the buyer fails to pay the purchase price under the contract, the seller may claim interest on the purchase price under the Act on Interest on Overdue betaling.9 Insufficient payment claim may, after prior notification be sent to debt collection and Buyer then be held liable for charges under the Act on debt collection and other collection of overdue pengekrav.10
Fee uncollected non-prepaid goods: If the buyer fails to collect unpaid goods, the seller can charge the buyer a fee of £ + shipping trip / return. Fee shall cover a maximum of seller’s actual disbursements for delivering the goods to the buyer. Such fees can not be charged buyers under 18 år.11
Guarantee given by the seller or manufacturer, the purchaser rights in addition to the rights the buyer already has under applicable law. A guarantee thus involves no restrictions on the buyer the right to claim and claims for delay or missing in paragraph 12 and 13.
16. Personal information
Unless the buyer agrees otherwise, the seller may only collect and store the personal information that is necessary for the seller to carry out obligations under the Agreement. The personal information to the buyer under 15 years can not be obtained unless the seller has the consent of parents or guardians. Purchaser personal data may only be disclosed to others if it is necessary for the merchant to implement the agreement with the buyer, or legal case.
The seller can only obtain the buyer’s social security if there is an objective need for secure identification and such acquisition is necessary.
If the seller will take the buyer’s personal data for other purposes, such as to send the buyer advertising or information beyond what is required to implement the agreement, the seller must obtain consent of the buyer at the conclusion of the Agreement. The seller must give the buyer information about what personal information will be used and who will use the personal information. Buyer’s consent must be voluntary and emitted by an active action, such as by check.
The buyer should easily be able to contact the seller, for example by telephone or e-mail 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 modify personal information.
17. Conflict Resolution
Parties shall seek to resolve any disputes amicably. The buyer can contact the Consumer Council for assistance in a dispute with the seller. If no amicable solution has been reached after mediation by the Consumer Council, the parties may request in writing that the Consumer Council promotes the dispute for Forbrukertvistutvalget.13 Resolution of Consumer Disputes Commission is legally four weeks after preaching. Before the decision is enforceable, the parties may, upon submission of the subpoena to the Consumer Disputes Commission, the decision reviewed by the district court.
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