This purchase is regulated by the Standard Sales Conditions for Consumer Purchases of Goods over the Internet, given below. By “consumer purchases” is meant here sales of goods to consumers who are not primarily acting for commercial purposes, and in which the seller is acting for commercial purposes by selling goods via the Internet. The contract is developed and its use recommended by the Consumer Ombudsman.
Consumer purchases via the Internet are regulated primarily by the Contract Act, the
Consumer Purchases Act, the Marketing Control Act, the Cancellation Act and the ECommerce Act, and these laws provide consumers with mandatory rights. The terms of the contract are not to be understood as a limitation on legal rights, but rather as presenting the parties’ most important rights and duties in regard to the purchase.
The seller may choose to offer the buyer better terms than what is stated in these Sales Conditions.
For cases in which the contract does not give a direct solution to an issue, the contract must be supplemented by relevant legal provisions.
A contract between a buyer and seller consists of the information regarding the purchase given by the seller in the ordering section of the online shop (including e.g. information on the nature of the good, its quantity, quality, other properties, price and conditions of delivery), any direct correspondence between the parties (such as e-mail), as well as these Sales Conditions.
In the event of conflict between the information regarding the purchase given by the seller in the ordering section of the online shop, the direct correspondence between the parties and the terms given in the sales conditions, the direct correspondence between the parties and the information given in the ordering section will prevail upon the sales conditions. The sales conditions will however prevail if the information given by the seller or the correspondence contain terms in conflict with binding legislation.
3. PARTIES SELLER
Company name: Bjørn Dæhlie – Active Brands AS
Contact address: P.B. 22 Vollebekk, 0516 Oslo / Kabelgaten 6, 0580 Oslo, Norway
Telephone number: +47 56519808
Company registration number: 995 767 813
The buyer is the person who places the order.
All prices in the webshop are shown in NOK with 25% VAT. Shipping costs are excluded. Prices are subject to change without further notice if VAT rate, taxes and/or other duties change.
VAT is automatically deducted on deliveries to Svalbard & Jan Mayen at checkout.
You may be charged import duties by your country. Please note that we are not responsible for those charges, nor can we predict if your order will be subject to import duties. Please consult your local customs office for more information.
5. CONCLUSION OF A CONTRACT
The contract is binding for both parties as soon as the seller receives the buyer’s order.
However, a party is not bound by the contract if orthographical or typological errors have occurred in the offer made by the seller in the ordering section of the online shop or in the buyer’s order, and the other party realized or should have realized that such an error was present.
6. ORDER CONFIRMATION
The buyer will receive an email confirmation stating that the seller has received the buyer’s order. The seller will send an order confirmation when the goods are ready to be delivered.
It is recommended that the buyer check the order confirmation against the order with regard to quantity, product type, price etc. If there is a discrepancy between the order and the order confirmation, the buyer should contact the seller as soon as possible.
The seller may charge the buyer for the good at the time it is sent from the seller to the buyer.
If the buyer uses a credit card or debit card to make the payment, the seller may hold the funds on the card for the order for up to four days from the time the order is placed.
When paying by credit card, the Credit Sales Act will be applicable.
If the seller offers post-delivery invoicing, the invoice shall be issued when the good is dispatched. The due date shall be set to a minimum of 14 days from when the buyer receives the delivery.
If the seller has a particular need to require advance payment from the buyer, as is the case with goods that are to be manufactured or adapted for the buyer, the seller may require this.
Buyers under 18 years of age may only pay directly when the seller delivers the good or by cash on delivery by post.
8. DELIVERY ETC.
Delivery of the good from seller to buyer shall occur in the manner, place and at the time stated in the ordering section of the online shop.
If the delivery time is not stated in the ordering section, the seller shall deliver the good to the buyer within reasonable time and no later than 30 days after the order is placed by the customer. If the seller is to ensure that the good is sent to the buyer, he/she is required to have the good dispatched to the destination in an appropriate way and under normal conditions for such transport. The destination is to the buyer unless other, special agreements are made between the parties.
9. PRODUCT RISK
Product risk becomes the responsibility of the buyer as soon as the item is taken over by the buyer according to the contract. If at the time of delivery, the buyer neglects to take over a product that is placed at his/her disposal according to the contract, the buyer nonetheless holds the risk of loss or damage due to properties of the product itself.
10. RIGHT OF CANCELLATION
The buyer may change his/her mind and use the right of cancellation of the agreement according to the provisions of the Cancellation Act. A right of cancellation means that the buyer may return a good to the seller without reason, even if it does not have any defects and even if it has not yet been delivered.
The buyer must inform the seller that he/she will exercise this right within 14 days after the good, the prescribed information concerning the right, and the cancellation period form has been received. If the buyer receives the cancellation period form and the necessary information at a later time than the time of product delivery, the cancellation period will begin on the day that the buyer receives the cancellation period form and information. If the buyer has not received sufficient information or a cancellation period form, the cancellation period will expire three months after the good is received. If the buyer has not received any information about the right of cancellation at all, the period will be one year.
For reasons of certification, the information from the buyer to the seller concerning the exercise of the cancellation right should be in writing (cancellation period form, e-mail, fax or letter), and must contain information on how the buyer will return the good to the seller.
When the cancellation right is exercised, the good must be returned to the seller within a reasonable amount of time. The seller must pay back the entire purchase price of the good within 14 days of the day the seller receives the good or a note/slip to collect the good, or the good is placed at the seller’s disposal. The seller may not
set fees for the customer’s use of the cancellation right, although the seller may require that the buyer pay the costs associated with returning the good.
The buyer may check the good before he/she cancels the purchase. However, the good must be deliverable to the seller in approximately the same condition and quantity as it was when the buyer received it. The buyer should return the good to the seller in its original packaging, if possible.
The buyer may not cancel purchases of items that deteriorate quickly, items which due to their nature cannot be returned, sound or video recordings (including CDs and DVDs) or computer software on which the seal is broken. The latter exception only applies if the seller has clearly stated the terms for the lapse of the cancellation right on the seal.
11. CHECKING THE GOOD
When the buyer receives the good, it is recommended that he/she to a reasonable extent checks whether it corresponds with the order, whether it has been damaged during transport or if it is defective in any other way.
If the good does not correspond with the order or is defective, the buyer must notify the seller of this in a claim; cf. Point 11 of this contract.
12. DEFECT CLAIMS AND TIME LIMIT FOR REPORTING CLAIMS IN THE EVENT OF DELAY
If the good is defective, the buyer must inform the seller within a reasonable amount of time that he/she would like to make a defect claim. The time limit for this may never be less than two months from the time the consumer discovered the defect. The claim must, however, be made within two years from the time that the buyer took over the good. If the good or parts of it are meant to last for a significantly longer period of time, the time limit for the claim will be five years.
In case of delay, a claim must be made to the seller within a reasonable amount of time after the set time of delivery has arrived and the good is not delivered.
If the good is paid for by credit card, the buyer may also choose to send a claim directly to the credit issuer (the credit card company).
The notice to the seller or credit issuer should be in writing (e-mail, fax or letter).
13. BUYER’S RIGHTS REGARDING DELAYS
If the seller does not deliver the good or delivers it later than what was agreed between the parties, and this is not due to the buyer or circumstances on the buyer’s side, the buyer may, according to the regulations listed in Chapter 5 of the Consumer Purchases Act and depending on the circumstances, hold back the payable amount, demand fulfilment, terminate the contract and demand compensation from the seller.
Fulfilment: If the seller does not deliver the good at the set time of delivery, the buyer may adhere to the purchase and set a reasonable additional time limit for fulfilment by the seller. However, the buyer may not demand fulfilment if there is an obstacle to fulfilment which the seller cannot overcome or if fulfilment will involve a disadvantage or cost so great for the seller that it stands in significant disproportion to the buyer’s interest in having the seller fulfil the purchase. If these difficulties cease within a reasonable amount of time, the consumer may require fulfilment.
Termination: The buyer may terminate the contract with the seller if the delay is significant or if the seller does not deliver the good within the additional time limit for fulfilment the buyer has set. However, the buyer may not terminate the contract before the additional time limit is reached, unless the seller has stated that he/she will not fulfil within this time limit.
Compensation: Furthermore, the buyer may demand compensation for losses incurred due to delay caused by the seller; cf. Consumer Purchases Act section 24.
The buyer must report any claim to the seller; cf. Point 11 of this contract.
14. BUYER’S RIGHTS REGARDING DEFECTS
If the good is defective and this is not the fault of the buyer or due to conditions on the buyer’s side, the buyer may, according to the regulations of the Consumer Purchases Act, Chapter 6 and depending on the circumstances, withhold the payment, choose between correction and redelivery, demanding a discount, demanding the contract terminated and compensation from the seller.
Correction or redelivery: If the good is defective, the buyer may require that the seller correct the error or redeliver an equivalent good. The seller may object to the buyer’s requirement if fulfilment of the requirement is impossible or involves unreasonable expenses for the seller.
The seller shall complete the correction or redelivery within a reasonable amount of time. The correction or redelivery shall be done without expense for the buyer, without the risk that the buyer will not have his/her expenses covered and without significant inconvenience for the buyer. The seller may not attempt correction or redelivery more than twice for the same defect, unless there are special reasons making further attempts reasonable.
Even if the buyer claims neither correction nor redelivery, the seller may offer correction or redelivery if this is done without delay. If the seller provides such correction or redelivery, the buyer may not demand a discount or termination of the contract.
Discount: If the defect is not corrected or redelivered, the buyer may demand a proportionate discount.
Termination: Instead of a discount, the buyer may terminate the contract, except in the case of insignificant defects.
Compensation: The buyer may also demand compensation for financial losses suffered as a result of the product defect; cf. Consumer Purchases Act section 33.
The buyer must present any claims to the seller; cf. Point 11 of this contract. The regulations concerning claims apply in addition to and independently of the regulations concerning the cancellation right and any warranties given by the seller.
15. SELLER’S RIGHTS IN CASE OF BUYER’S BREACH OF CONTRACT
If the buyer fails to pay or otherwise fulfil his/her contractual duties, and this is not the fault of the seller or conditions on the seller’s side, the seller may, according to the regulations in Chapter 9 of the Consumer Purchases Act and depending on the circumstances, withhold the good, demand fulfilment of the contract, demand the contract terminated along with compensation from the buyer. The seller may also, depending on the circumstances, charge interest in case of delayed payment, a
collection fee and a fee for non-prepaid, uncollected goods.
Fulfilment: If the buyer does not pay, the seller may adhere to the purchase and demand that the buyer pays its cost (fulfilment). If the good is not delivered, the seller will lose his/her right if he/she waits unreasonably long to make the demand.
Termination: Upon significant non-payment breach or any other significant breach by the buyer, the seller may terminate the contract. However, the seller may not terminate the contract after the payment has been made.
The seller may also terminate the purchase if the buyer does not pay within a reasonable additional due date for fulfilment set by the seller. However, the seller may not terminate the purchase before the additional due date, unless the buyer has stated that he/she will not pay.
Compensation: The seller may demand compensation from the buyer for financial losses incurred as a result of a contractual breach from the buyer’s side; cf. Consumer Purchases Act section 46.
Interest relating to delayed payment/collection fee: If the buyer does not pay the amount specified in the contract, the seller may charge interest on the amount, according to the Act Relating to Interest on Overdue Payments. In cases where payment is not made, the debt may be sent for collection after a warning has been issued, and the buyer may then be held responsible for fees according to the Act relating to Debt Collection and Other Debt Recovery.
Fees for uncollected, non-prepaid items: If the buyer fails to collect unpaid items, the seller may charge the buyer with a fee plus return shipping. The fee shall at maximum cover the seller’s actual expenses in delivering the good to the buyer. Such a fee cannot be charged to buyers under 18 years of age.
Warranties given by the seller or producer gives the buyer additional rights beyond those mandatory rights he/she has by law. Thus, a warranty does not imply any limitation on the buyer’s right to make claims or demands in case of delay or defects according to Points 12 and 13.
17. PERSONAL DATA
Unless the buyer consents otherwise, the seller may only obtain and save whatever personal data is necessary for the seller to complete his/her duties according to the contract. Personal data of buyers under 15 years of age may not be obtained unless the seller has obtained consent from parents or guardians. The buyer’s personal data shall be given to others only if this is necessary for the seller to fulfil the contract with the buyer, or in cases where this is required by law.
The seller may only obtain the buyer’s national identification number if there is an actual need for secure identification and such obtainment is necessary.
If the seller wishes to use the buyer’s personal data for other purposes, such as sending advertisements or information to the buyer beyond what is necessary to fulfil the contract, the seller must obtain consent from the buyer upon conclusion of the contract. The seller must inform the buyer of how the personal data will be used and who will use it. The buyer’s consent must be voluntary and given actively, e.g. by ticking a box.
It shall be simple for the buyer to contact the seller, for instance by telephone or email, if he/she has questions concerning the seller’s use of personal data or if he/she wishes the seller to delete or change the personal data.
18. CONFLICT RESOLUTION
The parties shall attempt to resolve any disputes amicably. The buyer may contact the Consumer Council of Norway for assistance in cases of dispute with the seller. If an amicable resolution is not attained after mediation by the Consumer Council, the parties may request in writing that the Consumer Council present the dispute to the Consumer Disputes Commission. Decisions made by the Consumer Disputes Commission are legally valid for four weeks after pronouncement. Before the decision becomes legally valid, the parties may, by sending a writ of summons to the Consumer Disputes Commission, bring the decision before the District Court.