Terms and Conditions for Products
Standard Terms of Sale for Consumer Purchases of Goods Over the Internet
Introduction
This purchase is governed by the following standard terms of sale for consumer purchases of goods over the Internet. Consumer purchases over the Internet are primarily regulated by the Contract Act, the Consumer Purchase Act, the Marketing Control Act, the Right of Withdrawal Act, and the E-commerce Act, which provide consumers with non-waivable rights. These laws are available at www.lovdata.no. The terms of this agreement should not be understood as limiting any statutory rights, but rather outlining the most important rights and obligations of the parties involved in the transaction.
The terms of sale have been prepared and recommended by the Consumer Authority. For a better understanding of these terms, see the Consumer Authority’s guide here.
1. The Agreement
The agreement consists of these terms of sale, the information provided in the ordering solution, and any special conditions agreed upon. In the event of a conflict between the information provided, what has been specifically agreed between the parties shall take precedence, provided it does not contravene non-waivable legislation.
The agreement will also be supplemented by relevant statutory provisions governing the purchase of goods between businesses and consumers.
2. The Parties
The seller is Walters Service AS, Dalsveien 89, 4634 Kristiansand, saksesliping@gmail.com, 929308824, and is hereafter referred to as the seller.
The buyer is the consumer who places the order, and is hereafter referred to as the buyer.
3. Price
The stated price for the goods and services is the total price the buyer must pay. This price includes all taxes and additional costs. Any additional costs that the seller did not inform the buyer about before the purchase shall not be borne by the buyer.
4. Contract Formation
The agreement is binding for both parties when the buyer has sent their order to the seller.
The agreement is not binding, however, if there have been typographical or clerical errors 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.
5. Payment
The seller may require payment for the goods from the time they are shipped from the seller to the buyer.
If the buyer uses a credit or debit card for payment, the seller may reserve the purchase amount on the card at the time of ordering. The card will be charged on the same day that the goods are shipped.
When paying by invoice, the invoice will be issued to the buyer upon shipment of the goods. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt.
Buyers under the age of 18 may not pay by deferred invoice.
6. Delivery
Delivery occurs when the buyer, or their representative, has taken possession of the goods.
If no delivery time is stated in the ordering solution, the seller must deliver the goods to the buyer without undue delay and no later than 30 days after the order was placed by the customer. The goods shall be delivered to the buyer unless otherwise specifically agreed between the parties.
7. Risk of the Goods
The risk of the goods passes to the buyer when they, or their representative, have taken possession of the goods in accordance with point 6.
8. Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw from the purchase of the goods in accordance with the Right of Withdrawal Act.
The buyer must notify the seller of their intention to exercise the right of withdrawal within 14 days from the start of the withdrawal period. The period includes all calendar days. If the period ends on a Saturday, public holiday, or festive day, the deadline is extended to the next working day.
The withdrawal period is considered observed if the notification is sent before the deadline expires. The buyer bears the burden of proof that the right of withdrawal has been exercised, so the notification should be made in writing (withdrawal form, email, or letter).
The withdrawal period starts:
- For the purchase of individual goods, from the day after the goods have been received.
- For the sale of a subscription, or if the agreement involves the regular delivery of identical goods, the period runs from the day after the first shipment has been received.
- If the purchase consists of several deliveries, the withdrawal period starts the day after the last delivery has been received.
The withdrawal period is extended to 12 months after the end of the original period if the seller does not provide information about the right of withdrawal and the standardized withdrawal form before the agreement is entered into. The same applies in the absence of information on conditions, deadlines, and procedures for exercising the right of withdrawal. If the business provides the information within these 12 months, the withdrawal period will still expire 14 days after the day 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 notification of the right of withdrawal has been given. The buyer covers the direct costs of returning the goods unless otherwise agreed or the seller has failed to inform the buyer that the buyer must cover the return costs. The seller may not charge a fee for the buyer’s use of the right of withdrawal.
The buyer may inspect or test the goods in a reasonable manner to determine the nature, characteristics, and function of the goods without losing the right of withdrawal. If the inspection or testing of the goods exceeds what is reasonable and necessary, the buyer may be held liable for any reduced value of the goods.
The seller is obliged to refund the purchase price to the buyer without undue delay and no later than 14 days from the day the seller was notified of the buyer’s decision to exercise the right of withdrawal. The seller has the right to withhold the refund until they have received the goods from the buyer or until the buyer has provided proof that the goods have been returned.
9. Delay and Non-Delivery – Buyer’s 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 of the Consumer Purchase Act Chapter 5, depending on the circumstances, withhold payment, demand fulfillment, cancel the agreement, and/or claim compensation from the seller.
To claim breach of contract, the notification should be made in writing for evidence purposes (e.g., email).
Fulfillment
The buyer may insist on the purchase and demand fulfillment from the seller. However, the buyer cannot demand fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment would involve such a significant disadvantage or cost for the seller that it is in gross disproportion to the buyer’s interest in the seller’s fulfillment. If the obstacles cease within a reasonable time, the buyer may still demand fulfillment.
The buyer loses the right to demand fulfillment if they wait unreasonably long to make the claim.
Cancellation
If the seller does not deliver the goods at the delivery time, the buyer must request the seller to deliver within a reasonable additional period. If the seller does not deliver the goods within the additional period, the buyer may cancel the purchase.
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 crucial for entering into the agreement, or if the buyer has notified the seller that the delivery time is crucial.
If the item is delivered after the additional period set by the consumer or after the delivery time that was crucial for entering into the agreement, the cancellation claim must be made within a reasonable time after the buyer became aware of the delivery.
Compensation
The buyer may claim compensation for any loss suffered due to the delay. However, this does not apply if the seller proves that the delay is due to an obstacle beyond the seller’s control, which could not reasonably have been taken into account at the time of the agreement, avoided, or overcome.
10. Defective Goods – Buyer’s Rights and Complaints Deadline
If there is a defect in the goods, the buyer must notify the seller within a reasonable time after discovering or should have discovered the defect, stating that they intend to invoke the defect. The buyer always has a valid complaint if it is made within 2 months of the defect being discovered or should have been discovered. The complaint can be made no later than two years after the buyer took possession of the goods. If the goods or parts thereof are intended to last significantly longer than two years, the complaints deadline 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 of the Consumer Purchase Act Chapter 6, depending on the circumstances, withhold payment, choose between rectification and replacement, demand a price reduction, cancel the agreement, and/or claim compensation from the seller.
Complaints to the seller should be made in writing.
Rectification or Replacement
The buyer may choose to demand rectification of the defect or delivery of equivalent goods. However, the seller may object to the buyer’s claim if fulfilling the claim is impossible or would impose unreasonable costs on the seller. Rectification or replacement must be made within a reasonable time. The seller is not generally entitled to more than two attempts to rectify the same defect.
Price Reduction
The buyer may demand a suitable price reduction if the goods are not rectified or replaced. This means that the ratio between the reduced and agreed price corresponds to the ratio between the value of the item in a defective and contract-compliant state. If special reasons justify it, the price reduction may instead be set at the defect’s significance for the buyer.
Cancellation
If the goods are not rectified or replaced, the buyer may also cancel the purchase if the defect is not insignificant.
11. Seller’s Rights in the Event of Buyer’s Breach of Contract
If the buyer does not pay or fulfill other obligations under the agreement or the law, and this is not due to the seller or circumstances on the seller’s side, the seller may, in accordance with the rules of the Consumer Purchase Act Chapter 9, depending on the circumstances, withhold the goods, demand fulfillment of the agreement, cancel the agreement, and/or claim compensation from the buyer. The seller may also, depending on the circumstances, charge interest on late payments, collection fees, and a reasonable fee for uncollected goods.
Fulfillment
The seller may insist on the purchase and demand that the buyer pays the purchase price. If the goods have not been delivered, the seller loses this right if they wait unreasonably long to make the claim.
Cancellation
The seller may cancel the agreement if there is significant non-payment or other significant breach of contract by the buyer. However, the seller may not cancel if the full purchase price has been paid. If the seller sets a reasonable additional period for fulfillment and the buyer does not pay within this period, the seller may cancel the purchase.
Interest on Late Payment/Collection Fee
If the buyer does not pay the purchase price according to the agreement, the seller may charge interest on the purchase price according to the Late Payment Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to a collection agency. The buyer may then be held liable for fees according to the Collection Agency Act.
Fee for Uncollected, Non-Prepaid Goods
If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee may only cover the seller’s actual costs of delivering the goods to the buyer. Such a fee may not be charged to buyers under 18 years of age.
12. Warranty
A warranty provided by the seller or manufacturer grants the buyer rights in addition to the rights the buyer already has under non-waivable legislation. A warranty does not limit the buyer’s right to complain and claim for delay or defects according to points 9 and 10.
13. Personal Data
The data controller for the collected personal data is the seller. Unless the buyer consents otherwise, the seller may only collect and store the personal data necessary to fulfill the seller’s obligations under the agreement, in accordance with the Personal Data Act. The buyer’s personal data will only be disclosed to others if it is necessary to fulfill the agreement with the buyer, or in legally mandated cases.
14. Dispute Resolution
Complaints should be directed to the seller within a reasonable time, see points 9 and 10. The parties should attempt to resolve any disputes amicably. If this is unsuccessful, the buyer may contact the Consumer Council for mediation. The Consumer Council is available at telephone number 23 400 500 or www.forbrukerradet.no.
The European Commission’s complaints portal can also be used if you wish to submit a complaint. This is particularly relevant if you are a consumer residing in another EU country. The complaint can be submitted here: http://ec.europa.eu/odr.