Sales Terms

Table of Contents:

Introduction

1. The Agreement

2. The Parties

3. Prices

4. Conclusion of Agreement

5. Order Confirmation

6. Payment

7. Delivery etc.

8. Risk of the goods

9. Right of withdrawal

10. Duty to examine

11. Complaint about defect and deadline for making claims in case of delay

12. Buyer's rights in case of delay

13. Buyer's rights in case of defect

14. Seller's rights in case of 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 for consumer purchases of goods over the Internet below. Consumer purchase here means the sale of goods to a consumer who does not primarily act as part of a business, and when the seller operates a business selling goods over the Internet. The contract is prepared and recommended for use by the Consumer Ombudsman.

Consumer purchases over the Internet are mainly regulated by the Contract Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act, and these laws provide consumers with non-derogable rights. The terms of the contract should not be understood as limiting the statutory rights but set out the parties' main rights and obligations for the transaction. The seller may choose to offer the buyer better terms than those stated in these terms and conditions of sale.

In cases where the contract does not directly provide a solution to an issue, the contract must be supplemented with relevant legal 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 system in the online store (including, among other things, information about the nature, quantity, quality, other characteristics, price, and delivery terms of the goods), any direct correspondence between the parties (for example, email), as well as these terms and conditions of sale.

 

2. The Parties
Seller Company Name: Purenordic AS
Contact address: Jongsåsveien 21, 1338 Sandvika
Email: it@purenordic.life
Phone number: 22941090                                        
Organization number: 925247847

The buyer is the person who places 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 fees (value added tax, customs duties, and similar) and delivery costs (freight, postage, invoice fees, packaging, etc.) as well as specification of the individual elements in the total price, is provided in the ordering system before the order is placed. (Goods deliveries to Svalbard or Jan Mayen shall be sold without addition of value added tax. (1)

 

4. Conclusion of Agreement

The agreement is binding for both parties when the buyer's order has been received by the seller.

A party is nevertheless not bound by the agreement if there has been a typing or input error in the offer from the seller in the ordering system in the online store or in the buyer's order, and the other party realized or should have realized 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 regarding 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 can demand payment for the item from the time it is sent from the seller to the buyer.

If the buyer uses a credit card (2) or debit card (3) Upon payment, the seller can reserve the purchase amount on the card at the time of order for up to 4 days from the order. (4)

When paying by credit card, the law on credit purchases etc. will apply. (5)

If the seller offers invoicing after delivery, the invoice to the buyer shall be issued upon shipment of the item. The due date shall be set to a minimum of 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 manufacturing purchases, the seller may require this. 

Buyers under 18 years old can only pay directly upon the seller's delivery of the item or upon collection of the item by cash on delivery. (6)

 

7. Delivery etc.

Delivery of the item from the seller to the buyer takes place in the manner, at the place, and at the time specified in the ordering system in the online store.

If the delivery time is not specified in the ordering system, the seller shall deliver the item 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 item is sent to the buyer, he is obliged to have the item transported to the destination in a suitable manner and under usual terms for such transport. The destination is at the buyer's location unless otherwise specifically agreed between the parties.

 

8. Risk for the item

The risk for the item passes to the buyer when the item is taken over by the buyer according to the agreement. If the delivery time has arrived and the buyer fails to take over an item that has been made available to him or her according to the agreement, the buyer still bears the risk of loss or damage caused by the characteristics of the item itself.

 

9. Right of withdrawal

The buyer can cancel the purchase of the item according to the provisions of the right of withdrawal law (7). The right of withdrawal means that the buyer can return the item to the seller without reason even if there is no defect and even if it has not been delivered.

The buyer must notify the seller of the exercise of the right of withdrawal within 14 days after receiving the goods, the prescribed information about the right of withdrawal, and the withdrawal form. If the buyer receives the withdrawal form and the necessary information later than upon delivery of the goods, the withdrawal period starts from 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 still expire 3 months after the goods are received. If the buyer has not received any information about the right of withdrawal at all, the deadline will be 1 year.

The notification from the buyer to the seller about exercising the right of withdrawal should preferably be in writing (withdrawal form, email, fax, or letter) for evidential purposes, and it must include information on how the buyer will return the item to the seller.

When exercising the right of withdrawal, the item must be returned to the seller within a reasonable time. The seller is obliged to refund the entire purchase price to the buyer within 14 days from the day the seller receives the item or the collection note, or the item is made available to the seller. The seller cannot charge fees for the buyer's use of the right of withdrawal, but the seller can require the buyer to pay the costs of return shipping.

The buyer may inspect the product before canceling the purchase. However, the item must be able to be returned to the seller in approximately the same condition and quantity as when the buyer received it. The buyer should return the item to the seller in the original packaging if possible. 

The buyer cannot cancel 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 only applies if the seller has clearly and explicitly informed about the conditions for losing the right of withdrawal on the seal.

 

10. Inspection of the item

When the buyer receives the item, it is recommended that he or she reasonably inspects whether it corresponds to the order, whether it has been damaged during transport, or if it otherwise has defects.

If the item does not correspond to the order or has defects, the buyer must notify the seller by complaint according to contract point 11.

 

11. Complaint about defects and deadline for reporting claims in case of delay

If there is a defect in the item, the buyer must notify the seller within a reasonable time after discovering it that he or she intends to invoke the defect.

The deadline can never be shorter than two months from the time the consumer discovered the defect. However, complaints must be made no later than two years after the buyer took possession of the item. If the item or parts of it are intended to last significantly longer, the complaint period is five years.

In case of delay, claims must be directed to the seller within a reasonable time after the delivery time has passed and the item has not been delivered.

If the item was paid for with a credit card, the buyer may also choose to complain and send a claim directly to the creditor (the credit card company).(8)

The notification to the seller or creditor should be in writing (email, fax, or letter).

 

12. The buyer's rights in case of delay

If the seller does not deliver the item or delivers it 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 the Consumer Purchases Act chapter 5, depending on the circumstances, withhold the purchase price, demand fulfillment, cancel the agreement, and claim compensation from the seller.

Performance: If the seller does not deliver the goods at the time of delivery, the buyer may uphold the purchase and set a reasonable additional deadline for performance by the seller. However, the buyer cannot demand performance if there is an obstacle that the seller cannot overcome or if performance would cause such a great inconvenience or cost to the seller that it is significantly disproportionate to the buyer's interest in the seller's performance. If the difficulties cease within a reasonable time, the consumer may demand performance.

Rescission: The buyer may rescind the agreement with the seller if the delay is significant or if the seller does not deliver the goods within the additional deadline for fulfillment set by the buyer. However, the buyer may not rescind the agreement while the additional deadline is running, unless the seller has stated that he or she will not fulfill within the deadline.

Compensation: The buyer may further claim compensation for loss suffered as a result of delay on the seller's part according to the Consumer Purchases Act § 24.

The buyer must notify the seller of claims by complaint according to this contract's section 11.

 

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, according to the rules in the Consumer Purchases Act chapter 6, depending on the circumstances, withhold the purchase price, choose between repair and replacement, demand a price reduction, demand rescission of the agreement, and compensation from the seller.

Repair or replacement: If the goods have a defect, the buyer may demand that the seller repair the defect or replace with equivalent goods. The seller may oppose the buyer's claim if carrying out the claim is impossible or causes the seller unreasonable costs.

The seller shall carry out the repair or replacement within a reasonable time. Repair or replacement shall be done at no cost to the buyer, without risk that the buyer will not be reimbursed for expenses, and without significant 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 that make further attempts reasonable.

Even if the buyer neither demands repair nor replacement, the seller may offer repair or replacement if this is done without delay. If the seller arranges such repair or replacement, the buyer cannot demand a price reduction or rescission.

Price reduction: If the defect is not remedied or replaced, the buyer may demand a proportional price reduction.

Rescission: Instead of a price reduction, the buyer may rescind the agreement, except when the defect is insignificant.

Compensation: The buyer may also claim compensation for financial loss suffered as a result of the goods having a defect according to the Consumer Purchases Act § 33.

The buyer must notify the seller of claims by complaint according to this contract's section 11. The rules on complaints apply in addition to, and independently of, the rules on the right of withdrawal and any guarantees provided by the seller.

 

14. The seller's rights in case of the buyer's breach

If the buyer does not pay or fulfill the other obligations under the agreement, and this is not due to the seller or circumstances on the seller's side, the seller may, according to the rules in the Consumer Purchases Act chapter 9, depending on the circumstances, withhold the goods, demand fulfillment of the agreement, demand the agreement to be rescinded, as well as compensation from the buyer. The seller may also, depending on the circumstances, demand interest on late payment, collection fees, and fees for non-prepaid uncollected goods.

Fulfillment: If the buyer does not pay, the seller may uphold the purchase and demand that the buyer pay the purchase price (fulfillment). If the goods are not delivered, the seller loses his right if he waits unreasonably long to assert the claim.

Cancellation: In case of significant payment default or other significant breach by the buyer, the seller may cancel the agreement. However, the seller may not cancel after the purchase price has been paid.

The seller may also cancel the purchase if the buyer does not pay within a reasonable additional deadline for fulfillment set by the seller. However, the seller may not cancel while the additional deadline is running, unless the buyer has stated that he or she will not pay.

Compensation: The seller may claim compensation from the buyer for financial loss suffered as a result of breach of contract by the buyer pursuant to the Consumer Purchases Act §46.

Interest on late payment/debt 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 Act on Interest on Late Payments.(9) In case of non-payment, the claim may, after prior notice, be sent to debt collection, and the buyer may then be held responsible for fees under the Debt Collection Act and other collection of overdue monetary claims.(10)

Fee for uncollected non-prepaid goods: If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee of NOK             + round-trip shipping. The fee shall at most cover the seller's actual expenses to deliver the goods to the buyer. Such a fee may not be charged to buyers under 18 years old. (11)

 

15. Warranty

A warranty given by the seller or manufacturer gives the buyer rights in addition to the rights the buyer already has under mandatory legislation. A warranty therefore does not limit the buyer's right to complaint and claims for delay or defects under sections 12 and 13.

 

16. Personal Data (12)

Unless the buyer consents to something else, the seller may only collect and store the personal data necessary for the seller to fulfill the obligations under the agreement. Personal data of buyers under 15 years old may not be collected unless the seller has consent from parents or guardians. The buyer's personal data shall only be disclosed to others if it is necessary for the seller to complete the agreement with the buyer, or in cases required by law.

The seller may only collect the buyer's personal identification number if there is a legitimate need for secure identification and such collection is necessary.