Revised October 2015, Version 2.0. Updated.
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 primarily regulated by the Contract Act, Consumer Purchase Act, Marketing Act, Right of Withdrawal Act, and E-commerce Act, and these laws provide consumers with non-negotiable rights. The laws are available at www.lovdata.no. The terms of this agreement should not be understood as limiting the statutory rights, but rather establish the parties' most important rights and obligations for the transaction.
The terms and conditions have been prepared and recommended by the Consumer Authority. For a better understanding of these terms and conditions, please refer to the Consumer Authority's guide.
1] Agreement
The agreement consists of these terms and conditions, information provided in the ordering solution, and any separately agreed terms. In the event of any conflict between the information, what has been specifically agreed between the parties shall prevail, provided it does not conflict with non-negotiable legislation.
The agreement will also be supplemented by relevant legal provisions that regulate the purchase of goods between businesses and consumers.
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2] Parties
The seller is [Genevieve Rahimi], [Ravnkollbakken 34, 0971 Oslo], [sales@genevieve.no], [96960707], [org no: 924435631], and referred to as the seller in the following.
The buyer is the consumer who places the order and referred to as the buyer in the following.
3] Price
The stated price for the goods and services is the total price the buyer shall pay. This price includes all taxes and additional costs. The buyer shall not bear any additional costs that the seller has not informed about before the purchase.
4] Conclusion of Agreement
The agreement is binding for both parties when the buyer has submitted their order to the seller.
However, the agreement is not binding if there has been a typographical or clerical 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 such an error.
Table of Contents:
1] Agreement
2] Parties
3] Price
4] Conclusion of Agreement
5] Payment
6] Delivery
7] 8] 9]
10] 11]
Risk of the goods
Right of withdrawal
Delay and non-delivery - buyer's rights and deadline to report claims
Defects in the goods - buyer's rights and deadline for complaints
Seller's rights in case of buyer's breach
Warranty Personal information
12]
13]
14] Conflict resolution
5] Payment
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The seller may demand payment for the goods from the moment they are sent from the seller to the buyer.
If the buyer uses a credit card or debit card for payment, the seller may reserve the purchase amount on the card upon ordering. The card will be charged on the same day 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 18 years old cannot pay with subsequent invoices.
6] Delivery
Delivery is considered complete when the buyer, or their representative, has taken possession of the item.
If the delivery time is not specified in the ordering solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the order from the customer. The goods shall be delivered to the buyer unless otherwise agreed between the parties.
7] Risk of the goods
The risk of the goods transfers to the buyer when they, or their representative, have received the goods in accordance with point 6.
8] Right of withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may cancel the purchase of the goods in accordance with the right of withdrawal law.
The buyer must notify the seller of the use of the right of withdrawal within 14 days from the start of the deadline. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday, or holiday, the deadline is extended to the nearest working day.
The deadline for exercising the right of withdrawal is considered met if the notification is sent before the expiration of the deadline. The buyer has the burden of proof that the right of withdrawal has been exercised, and therefore, the notification should be made in writing (withdrawal form, email, or letter).
The withdrawal period begins:
For the purchase of individual goods, the withdrawal period starts from the day after the goods are received.
For the sale of a subscription or an agreement involving regular delivery of identical goods, the period starts from the day after the first shipment is received.
If the purchase consists of multiple deliveries, the withdrawal period starts from the day after the last delivery is received.
The withdrawal period is extended to 12 months after the expiration of the original deadline if the seller does not inform the buyer before entering into the agreement that there is a right of withdrawal and provide a standardized withdrawal form. The same applies if the seller fails to provide information about the conditions, deadlines, and procedure for exercising the right of withdrawal. If the seller provides the information during these 12 months, the withdrawal period expires 14 days after the day the buyer received the information.
When exercising the right of withdrawal, the buyer must return the goods to the seller without undue delay and no later than 14 days after notifying the seller of the use of the right of withdrawal. The buyer bears the direct costs of returning the goods unless otherwise agreed or the seller has failed to inform the buyer that they are responsible for the return costs. The seller cannot charge a fee for the buyer's use of the right of withdrawal.
The buyer may try or test the goods in a proper manner to determine their nature, characteristics, and function without forfeiting the right of withdrawal. If the testing or examination of the goods goes beyond what is reasonable and necessary, the buyer may be liable for any diminished value of the goods.
The seller is obliged to refund the purchase amount to the buyer without undue delay and no later than 14 days after receiving notification from the buyer about their 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 documentation that the goods have been returned.
9] Delay and non-delivery - buyer's rights and deadline for reporting claims
If the seller does not deliver the goods or delivers them late according to the agreement between the parties, and this is not due to the buyer or circumstances on the buyer's side, the buyer may, according to the rules in Chapter 5 of the Consumer Purchase Act, withhold the purchase amount, demand performance, terminate the agreement, and/or claim compensation from the seller.
For claims regarding breach of contract, the notification should be in writing for evidentiary purposes (e.g., email).
• Performance
The buyer can insist on the purchase and demand performance from the seller. However, the buyer cannot demand performance if there is an obstacle that the seller cannot overcome, or if performance would result in such a significant inconvenience or cost for the seller that it is disproportionate to the buyer's interest in the seller fulfilling the agreement. If the difficulties disappear within a reasonable time, the buyer can still demand performance.
The buyer loses the right to demand performance if they unreasonably delay making the claim.
• Termination
If the seller does not deliver the goods on the delivery date, the buyer should urge the seller to deliver within a reasonable additional deadline for performance. If the seller does not deliver the goods within the additional deadline, the buyer can terminate the purchase.
However, the buyer can terminate the purchase immediately if the seller refuses to deliver the goods. The same applies if timely delivery 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 deadline set by the consumer or after the delivery time that was crucial for entering into the agreement, a claim for termination must be made within a reasonable time after the buyer became aware of the delivery.
• Compensation
The buyer can claim compensation for any loss 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 overcome.
10] Defect in the goods - buyer's rights and deadline for complaints
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 will invoke the defect. The buyer has always complained in time if it occurs within 2 months from when the defect was discovered or should have been discovered. A complaint can be made up to two years after the buyer took possession of the goods. If the goods or parts of them are intended to last significantly longer than two years, the complaint 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, according to the rules in Chapter 6 of the Consumer Purchase Act, withhold the purchase amount, choose between rectification and replacement, demand a price reduction, terminate the agreement, and/or claim compensation from the seller.
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It is recommended that the buyer submits a written complaint to the seller.
• Rectification or replacement
The buyer can choose between requesting the defect to be rectified or delivery of a corresponding item. However, the seller can oppose the buyer's request if fulfilling the demand is impossible or causes unreasonable costs for the seller. Rectification or replacement should be carried out within a reasonable time. In principle, the seller does not have the right to attempt rectification or replacement for the same defect more than twice.
• Price reduction
If the item is not rectified or replaced, the buyer can demand an appropriate price reduction. This means that the reduced price should correspond to the difference between the value of the item in a defective condition and its contractual condition. If there are special reasons, the price reduction can instead be set equal to the significance of the defect for the buyer.
• Termination
If the item is not rectified or replaced, the buyer can also terminate the purchase when the defect is not insignificant.
11] Seller's rights in case of buyer's breach
If the buyer fails to pay or fulfill other obligations according to the agreement or the law, and this is not due to the seller or circumstances on the seller's side, the seller can, according to the rules in the Consumer Purchase Act Chapter 9, under the circumstances, retain the item, demand fulfillment of the agreement, terminate the agreement, and claim compensation from the buyer. Depending on the circumstances, the seller can also demand interest for delayed payment, collection fees, and a reasonable fee for uncollected items.
• Fulfillment
The seller can insist on the purchase and demand that the buyer pays the purchase price. If the item has not been delivered, the seller loses this right if they wait unreasonably long to make the claim.
• Termination
The seller can terminate the agreement if there is a significant payment default or other significant breach on the buyer's side. However, the seller cannot terminate the agreement if the entire 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 can terminate the purchase.
• Interest for delayed payment/collection fee
If the buyer fails to pay the purchase price according to the agreement, the seller can demand interest on the purchase price according to the Delayed Payment Interest Act. In case of non-payment, the claim can, after prior notice, be sent to collection. The buyer may then be held responsible for fees according to the Collection Act.
• Fee for uncollected non-prepaid goods
If the buyer fails to collect unpaid goods, the seller can charge the buyer a fee. The fee should cover the seller's actual expenses for delivering the goods to the buyer, at a maximum. Such a fee cannot be charged to buyers under 18 years of age.
12] Warranty
A warranty provided by the seller or manufacturer gives the buyer additional rights in addition to those already granted by mandatory legislation. Therefore, a warranty does not limit the buyer's right to complaint and claims for delay or defects according to points 9 and 10.
13] Personal information
The seller is responsible for the processing of collected personal information. Unless the buyer agrees otherwise, the seller can, in accordance with the Personal Data Act, only collect and store the personal information necessary for the seller to fulfill their obligations under the agreement. The buyer's personal information will only be disclosed to others if necessary for the seller to fulfill the agreement with the buyer or in cases required by law.
14] Conflict resolution
Complaints should be directed to the seller within a reasonable time, as stated in points 9 and 10. The parties should attempt to resolve any disputes amicably. If this is not successful, the buyer can contact the Consumer Council for mediation. The Consumer Council can be reached at phone number 23 400 500 or www.forbrukerradet.no.