Standard terms and conditions of sale for consumer purchases of goods over the Internet
Table of Contents:
Introduction
1. The Agreement
2. The Parties
3. Prices
4. Conclusion of the Agreement
5. Order Confirmation
6. Payment
7. Delivery etc.
8. Risk in the Goods
9. Right of Withdrawal
10. Duty to Inspect
11. Complaint for Defect and Deadline for Claim in Case of Delay
12. The Buyer’s Rights in Case of Delay
13. The Buyer’s Rights in Case of Defect
14. The Seller’s Rights in Case of the Buyer’s Breach
15. Warranty
16. Personal Data
17. Dispute Resolution
18. Source List
Introduction:
This purchase is governed by the standard terms and conditions of sale below for consumer purchases of goods over the Internet. Consumer purchase means the sale of goods to a consumer who is not primarily acting as part of a business, and where the seller is acting in business with the sale of goods over the internet. The contract has been prepared and recommended for use by the Consumer Ombudsman.
Consumer purchases over the Internet are mainly governed by the Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Withdrawal Act and the E-Commerce Act, and these laws give consumers non-waivable rights. The terms of the contract shall not be construed as limiting any statutory rights, but set out the parties’ main rights and obligations in the transaction. The seller may choose to offer the buyer better terms than those set out in these terms of sale.
In cases where the contract does not directly provide the solution to an issue, it must be supplemented by relevant statutory provisions.
1. The Agreement
The agreement between the buyer and the seller consists of the information the seller provides about the purchase in the ordering process in the online store (including, among other things, information about the goods’ type, quantity, quality, other characteristics, price and delivery terms), any direct correspondence between the parties (for example e-mail), as well as these terms of sale.
In the event of any conflict between the information the seller has provided about the purchase in the ordering process in the online store, direct correspondence between the parties and the terms of sale, the direct correspondence between the parties and the information provided in the ordering process shall prevail over the terms of sale, provided this does not conflict with mandatory law.
2. The Parties
Seller Company name: Purenordic AS
Contact address: Jongsåsveien 21, 1338 Sandvika
E-mail: it@purenordic.life
Phone number: 22941090
Organization number: 925247847
The buyer is the person placing the order.
3. Prices
The prices stated in the online store include value added tax.
Information about the total costs the buyer must pay, including all charges (value added tax, customs duties, and similar) and delivery costs (shipping, postage, invoice fee, packaging, etc.) as well as a breakdown of the individual elements of the total price, is provided in the ordering process before the order is placed. (Goods delivered to Svalbard or Jan Mayen shall be sold without added value added tax. (1)
4. Conclusion of the 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 has been a writing or typing error in the seller’s offer in the ordering process in the online store or in the buyer’s order, and the other party knew or should have known that such an error existed.
5. Order Confirmation
When the seller has received 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 checks that the order confirmation matches 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.
6. Payment
The seller may demand payment for the goods from the time they are sent from the seller to the buyer.
If the buyer uses a credit card (2) or debit card (3) for payment, the seller may reserve the purchase amount on the card when the order is placed for up to 4 days from the order date. (4)
For payment by credit card, the Act relating to Credit Purchases, etc. applies. (5)
If the seller offers invoicing after delivery, the invoice to the buyer shall be issued when the goods are dispatched. The due date shall be set to at least 14 days from when the buyer receives the shipment.
If the seller has a special need to require advance payment from the buyer, for example in the case of made-to-order purchases, the seller may require this.
Buyers under 18 years of age may only pay directly upon the seller’s delivery of the goods or upon collection of the goods via cash on delivery. (6)
7. Delivery etc.
Delivery of the goods from the seller to the buyer takes place in the manner, at the place and at the time specified in the ordering process in the online store.
If no delivery time is stated in the ordering process, the seller shall deliver the goods to the buyer within a reasonable time and no later than 30 days after the customer's order. If the seller is to ensure that the goods are sent to the buyer, the seller is obliged to have the goods transported to the destination in an appropriate manner and under the usual terms for such transport. The destination is the buyer's address unless otherwise specifically agreed between the parties.
8. Risk in the Goods
The risk for the goods passes to the buyer when the item is taken over by the buyer in accordance with the agreement. If the delivery time has arrived and the buyer fails to take over a good that has been made available to him or her under the agreement, the buyer nevertheless bears the risk of loss or damage caused by the characteristics of the goods themselves.
9. Right of Withdrawal
The buyer may cancel the purchase of the goods pursuant to the provisions of the Right of Withdrawal Act (7). The right of withdrawal means that the buyer may return the goods to the seller without reason even if there is no defect in them and even if they have not been 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 withdrawal and the withdrawal form have been received. If the buyer receives the withdrawal form and the necessary information at a later time than upon delivery of the goods, the withdrawal period begins on the day the buyer receives the withdrawal form and the information. If the buyer has not received sufficient information or the withdrawal form, the withdrawal period will nevertheless expire 3 months after the goods are received. If the buyer has not received information about the right of withdrawal at all, the period will be 1 year.
The buyer's notice to the seller regarding use of the right of withdrawal should for evidential reasons be in writing (withdrawal form, e-mail, fax or letter), and it must include information on how the buyer will return the goods to the seller.
When using the right of withdrawal, the goods 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 day the seller receives the goods or the collection notice or the goods have been made available to the seller. The seller may not impose fees for the buyer’s use of the right of withdrawal, but the seller may require the buyer to pay the costs of return shipping.
The buyer may inspect the product before withdrawing from the purchase. However, the goods must still be capable of being returned to the seller in approximately the same condition and quantity as when the buyer received them. The buyer should return the goods to the seller in the original packaging if possible.
The buyer cannot withdraw from the purchase of goods that deteriorate quickly, goods that by their nature cannot be returned, or audio and video recordings (including CDs, DVDs) or computer programs where the seal has been broken. The latter exception applies only if the seller has clearly and distinctly informed the buyer of the conditions for the loss of the right of withdrawal when the seal is broken.
Exceptions to the right of withdrawal – foodstuffs and dietary supplements
Several of the products we sell are classified as foodstuffs and may be exempt from the right of withdrawal under Section 22 of the Right of Withdrawal Act, as such goods may deteriorate or have limited shelf life. This applies, among other things, to vitamins and dietary supplements.
10. Inspection of the Goods
When the buyer receives the goods, it is recommended that he or she, to a reasonable extent, checks whether they conform to the order, whether they have been damaged during transport, or whether they otherwise have defects.
If the goods do not conform to the order or have defects, the buyer must notify the seller by complaint pursuant to clause 11 of the contract.
11. Complaint for Defect and Deadline for Claim in Case of Delay
If there is a defect in the goods, the buyer must, within a reasonable time after discovering it, notify the seller that he or she will invoke the defect.
The deadline can never be shorter than two months from the time the consumer discovered the defect. However, a complaint must be made no later than two years after the buyer took over the goods. If the goods or parts of them are intended to last significantly longer, the complaint period is five years.
In case of delay, a claim must be made to the seller within a reasonable time after the delivery time has arrived and the goods have not been delivered.
If the goods were paid for by credit card, the buyer may also choose to complain and send the claim directly to the credit provider (credit card company).(8)
The notice to the seller or credit provider should be in writing (e-mail, fax or letter).
12. The Buyer’s Rights in Case of Delay
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, under the rules of Chapter 5 of the Consumer Purchases Act, depending on the circumstances, withhold the purchase price, demand performance, terminate the agreement and claim compensation from the seller.
Performance: If the seller does not deliver the goods at the delivery time, the buyer may maintain the purchase and set a reasonable additional period for performance from the seller. However, the buyer cannot demand performance if there is an impediment that the seller cannot overcome or if performance would involve such a great inconvenience or cost for the seller that it is in material disproportion to the buyer's interest in performance by the seller. If the difficulties cease within a reasonable time, the consumer may demand performance.
Termination: The buyer may terminate the agreement with the seller if the delay is material or if the seller does not deliver the goods within the additional period for performance set by the buyer. However, the buyer may not terminate the agreement while the additional period is running, unless the seller has said that he or she will not perform within the period.
Compensation: The buyer may also claim compensation for loss he or she suffers as a result of the seller's delay, cf. Section 24 of the Consumer Purchases Act.
The buyer must notify the seller of the claim by complaint pursuant to clause 11 of this contract.
13. The Buyer’s Rights in Case of Defect
If the goods have a defect and this is not due to the buyer or circumstances on the buyer's side, the buyer may, under the rules of Chapter 6 of the Consumer Purchases Act, depending on the circumstances, withhold the purchase price, choose between repair and replacement, demand a price reduction, demand termination of the agreement and compensation from the seller.
Repair or replacement: If the goods have a defect, the buyer may demand that the seller remedy the defect or replace the goods with equivalent goods. The seller may object to the buyer's claim if carrying it out is impossible or causes unreasonable costs for the seller.
The seller shall carry out the repair or replacement within a reasonable time. Repair or replacement shall be carried out free of charge to the buyer, without risk that the buyer will not recover his or her expenses and without substantial inconvenience to the buyer. The seller may not make more than two attempts at repair or replacement for the same defect unless there are special reasons making further attempts reasonable.
Even if the buyer does not request repair or replacement, the seller may offer repair or replacement if this is done without delay. If the seller provides such repair or replacement, the buyer may not demand a price reduction or termination.
Price reduction: If the defect is not remedied or replaced, the buyer may demand a proportionate price reduction.
Termination: Instead of a price reduction, the buyer may terminate the agreement, except when the defect is insignificant.
Compensation: The buyer may also demand compensation for financial loss he or she suffers as a result of the goods having a defect, cf. Section 33 of the Consumer Purchases Act.
The buyer must notify the seller of the claim by complaint pursuant to clause 11 of this contract. The rules on complaints apply in addition to, and independently of, the rules on the right of withdrawal and any warranties provided by the seller.
14. The Seller’s Rights in Case of the Buyer’s Breach
If the buyer does not pay or otherwise fulfil the obligations under the agreement, and this is not due to the seller or circumstances on the seller's side, the seller may, under the rules of Chapter 9 of the Consumer Purchases Act, depending on the circumstances, withhold the goods, demand performance of the agreement, terminate the agreement and claim compensation from the buyer. The seller may also, depending on the circumstances, claim interest for late payment, collection fees and a fee for uncollected goods not paid in advance.
Performance: If the buyer does not pay, the seller may maintain the purchase and demand that the buyer pay the purchase price (performance). If the goods have not been delivered, the seller loses this right if he or she waits unreasonably long to make the claim.
Termination: In the event of material payment default or other material breach by the buyer, the seller may terminate the agreement. However, the seller may not terminate after the purchase price has been paid.
The seller may also terminate the purchase if the buyer does not pay within a reasonable additional period for performance set by the seller. However, the seller may not terminate while the additional period is running 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 the buyer's breach of contract, cf. Section 46 of the Consumer Purchases Act.
Interest on late payment/collection fee: If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price pursuant to the Act on Interest on Overdue Payments.(9) In the event of non-payment, the claim may, after prior notice, be sent to debt collection, and the buyer may then be held liable for fees pursuant to the Act relating to Debt Collection Activities and Other Recovery of Overdue Monetary Claims.(10)
Fee for uncollected unpaid goods: If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee of kr + round-trip shipping. The fee shall at most cover the seller's actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age. (11)
15. Warranty
A warranty given by the seller or the manufacturer gives the buyer rights in addition to the rights the buyer already has under mandatory law. A warranty therefore does not limit the buyer's right to complain or claim remedies in case of delay or defects under clauses 12 and 13.
16. Personal Data (12)
Unless the buyer agrees otherwise, the seller may only collect and store the personal data necessary for the seller to fulfil its obligations under the agreement. The personal data of buyers under 15 years of age may not be collected unless the seller has consent from a parent or guardian. The buyer's personal data may only be disclosed to others if this is necessary for the seller to carry out the agreement with the buyer, or in cases required by law.
The seller may only collect the buyer's personal identity number if there is a legitimate need for secure identification and such collection is necessary.
If the seller wishes to use the buyer's personal data for other purposes, for example to send the buyer advertising or information beyond what is necessary to carry out the agreement, the seller must obtain the buyer's consent when the agreement is concluded. The seller must inform the buyer what the personal data will be used for and who will use the personal data. The buyer's consent must be voluntary and given by an active action, for example by ticking a box.
The buyer must be able to easily contact the seller, for example by phone 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 change the personal data.
17. Dispute Resolution
The parties shall try to resolve any disputes amicably. The buyer may contact the Consumer Council for assistance in any dispute with the seller. If an amicable solution is not reached after mediation by the Consumer Council, the parties may request in writing that the Consumer Council bring the dispute before the Consumer Disputes Committee.13 Decisions of the Consumer Disputes Committee become legally binding four weeks after service. Before the decision becomes legally binding, the parties may, by filing a writ with the Consumer Disputes Committee, bring the decision before the district court.
18. Source List
1. See Act of 19 June 1969 No. 66 on Value Added Tax Section 16.
2. A credit card is a payment card where settlement for the purchase takes place afterward, by the credit provider (credit card company) sending the cardholder an invoice with a demand for payment.
3. A debit card is a payment card linked to a deposit account. Use of the card means that the user's account is debited and the amount is transferred to the payee's account.
4. Cf. model agreement prepared by the joint contract committee of the Savings Bank Association and Finance Norway – Terms and conditions for credit cards and billing cards – consumer relations, item 12, and model terms prepared by the Savings Bank Association and Finance Norway for payment cards, item 11.
5. Act of 21 June 1985 No. 82 on Credit Purchases, etc.
6. Persons under 18 years of age may only pay in the aforementioned ways since they cannot incur debt, cf. Act of 22 April 1927 on Guardianship for Minors (vgml.) Section 2.
7. Act of 21 December 2000 No. 105 on information duties and the right of withdrawal, etc. in distance selling and sales outside fixed retail premises (the Right of Withdrawal Act).
9. Act of 17 December 1976 No. 100 on interest on overdue payments.
10. Act of 13 May 1988 No. 26 on debt collection activities and other recovery of overdue monetary claims.
11. A fee may not be charged to persons under 18 years of age, as they cannot incur debt, cf. vgml. Section 2.
12. See Act of 14 April 2000 No. 31 on the Processing of Personal Data.
Some ingredients may be listed under different, but technically correct, names. For example, silisium may also be referred to as silicon, depending on scientific terminology, supplier designations, or context.
These terms refer to the same mineral and do not imply any change to the product's composition, quality, or function.
