Standard Terms and Conditions of Sale for Consumer Purchases of Goods Online

Introduction

These purchases are governed by the following standard terms and conditions of sale for consumer purchases of goods online.

Consumer purchases made online are primarily governed by the Norwegian Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Withdrawal Act, and the E-commerce Act. These laws grant consumers mandatory rights that cannot be limited.

The legislation is available at www.lovdata.no.

Nothing in these terms shall be interpreted as limiting any statutory rights. These terms set out the parties’ main rights and obligations in connection with the transaction.

These terms and conditions have been prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these terms, please refer to the Norwegian Consumer Authority’s guidance.

1. The Agreement

The agreement consists of these terms and conditions of sale, the information provided in the ordering solution, and any separately agreed terms.

In the event of any conflict between the information provided, any terms specifically agreed between the parties shall prevail, provided they do not conflict with mandatory 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 Kultur og Friluftsliv Dahl Produksjoner, Måltrostveien 8 C, 1404 Siggerud, Norway, email: post@hvaskjerioslo.org, organisation number: 826 923 202.

In these terms, Kultur og Friluftsliv Dahl Produksjoner is referred to as the Seller.

The buyer is the consumer who places the order and is referred to in these terms as the Buyer.

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 charges. The Buyer shall not bear any further costs that the Seller has not informed the Buyer of prior to the purchase.

4. Formation of the Agreement

The agreement becomes binding on both parties when the Buyer has submitted the order to the Seller.

However, the agreement is not binding if there has been a typographical or input error in the Seller’s offer in the online store’s ordering solution or in the Buyer’s order, and the other party realised, or ought to have realised, that such an error existed.

5. Payment

The Seller may require payment for the goods from the time they are dispatched from the Seller to the Buyer.

If the Buyer pays by credit card or debit card, the Seller may reserve the purchase amount on the card when the order is placed. The card will be charged on the same day the goods are dispatched.

If payment is made by invoice, the invoice will be issued to the Buyer when the goods are dispatched. The payment deadline will be stated on the invoice and shall be at least 14 days from receipt.

Buyers under the age of 18 may not pay by subsequent invoice.

6. Delivery

Delivery is deemed to have taken place when the Buyer, or the Buyer’s representative, has taken possession of the goods.

Unless the delivery date is stated in the ordering solution, the Seller shall deliver the goods to the Buyer without undue delay and no later than 30 days after the customer’s order.

The goods shall be delivered to the Buyer unless otherwise specifically agreed between the parties.

7. Risk

The risk for the goods passes to the Buyer when the Buyer, or the Buyer’s representative, has received the goods in accordance with Section 6.

8. Right of Withdrawal

Unless the agreement is exempt from the right of withdrawal, the Buyer may cancel the purchase in accordance with the Norwegian Right of Withdrawal Act.

The Buyer must notify the Seller of the use of the right of withdrawal within 14 days from the date on which the withdrawal period begins. All calendar days are included. If the deadline falls on a Saturday, public holiday, or bank holiday, it is extended to the next working day.

The withdrawal period is deemed to have been complied with if notice is sent before the expiry of the deadline. The Buyer bears the burden of proof that the right of withdrawal has been exercised, and the notice should therefore be given in writing, for example by withdrawal form, email, or letter.

The withdrawal period begins to run:

• for the purchase of a single item, from the day after the goods are received;

• if the purchase consists of multiple deliveries, from the day after the final delivery is received.

The withdrawal period is extended to 12 months after the expiry of the original withdrawal period if the Seller, before the agreement is concluded, does not inform the Buyer that a right of withdrawal exists and does not provide the standard 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 this information during those 12 months, the withdrawal period will nevertheless expire 14 days after the day on which 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 notice of withdrawal has been given.

The Buyer bears the direct cost of returning the goods, unless otherwise agreed or unless the Seller has failed to inform the Buyer that the Buyer must cover the return costs.

The Seller may not charge any fee for the Buyer’s use of the right of withdrawal.

The Buyer may examine or test the goods in a reasonable manner in order to determine their nature, characteristics, and function, without losing the right of withdrawal. If the examination or testing 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 price to the Buyer without undue delay, and no later than 14 days after the Seller received notice of the Buyer’s decision to exercise the right of withdrawal.

The Seller may withhold the refund until the goods have been received from the Buyer, or until the Buyer has provided documentation that the goods have been returned.

9. Delay or Non-Delivery – Buyer’s Rights and Deadline for 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, under the provisions of Chapter 5 of the Norwegian Consumer Purchases Act, depending on the circumstances, withhold payment, demand performance, terminate the agreement, and/or claim compensation from the Seller.

Any notice asserting remedies for breach should, for evidential purposes, be given in writing, for example by email.

Performance

The Buyer may uphold the purchase and demand performance from the Seller. However, the Buyer may not demand performance if there is an obstacle that the Seller cannot overcome, or if performance would cause the Seller such great inconvenience or cost that it would be substantially disproportionate to the Buyer’s interest in the Seller’s performance.

If the difficulties cease within a reasonable time, the Buyer may nevertheless demand performance.

The Buyer loses the right to demand performance if he or she waits unreasonably long before making the claim.

Termination

If the Seller does not deliver the goods at the agreed delivery time, the Buyer shall encourage the Seller to deliver within an additional reasonable deadline for performance.

If the Seller does not deliver the goods within this additional deadline, the Buyer may terminate the purchase.

However, the Buyer may terminate the purchase immediately if the Seller refuses to deliver the goods. The same applies if delivery at the agreed time was decisive for entering into the agreement, or if the Buyer has informed the Seller that the delivery time is decisive.

If the goods are delivered after the additional deadline set by the Buyer, or after the delivery time that was decisive 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 may claim compensation for losses suffered as a result of the delay.

However, this does not apply if the Seller demonstrates that the delay was 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 in its consequences.

10. Defects in the Goods – Buyer’s Rights and Complaint Deadline

If there is a defect in the goods, the Buyer must notify the Seller within a reasonable time after the defect was discovered or ought to have been discovered, stating that he or she intends to invoke the defect.

A complaint is always considered timely if made within two months from the time the defect was discovered or ought to have been discovered.

A complaint may be made no later than two years after the Buyer took possession of the goods. If the goods, or parts of them, are intended to last substantially longer than two years, the complaint deadline is five years.

If the goods are defective and this is not due to the Buyer or circumstances on the Buyer’s side, the Buyer may, under the provisions of Chapter 6 of the Norwegian Consumer Purchases Act, depending on the circumstances, withhold payment, choose between repair and replacement, demand a price reduction, terminate the agreement, and/or claim compensation from the Seller.

Complaints to the Seller should be made in writing.

Repair or Replacement

The Buyer may choose either to demand that the defect be remedied or that equivalent goods be supplied.

The Seller may nevertheless oppose the Buyer’s claim if fulfilling the claim is impossible or causes the Seller unreasonable costs.

Repair or replacement shall be carried out within a reasonable time. As a rule, the Seller is not entitled to make more than two attempts to remedy the same defect.

Price Reduction

The Buyer may demand an appropriate price reduction if the goods are not repaired or replaced.

This means that the relationship between the reduced and agreed price shall correspond to the relationship between the value of the goods in defective condition and their value in contractual condition. If special reasons justify it, the price reduction may instead be set equal to the significance of the defect for the Buyer.

Termination

If the goods are not repaired or replaced, the Buyer may also terminate the purchase, provided that the defect is not insignificant.

11. Seller’s Rights in the Event of the Buyer’s Breach

If the Buyer does not pay or fulfil the 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, under the provisions of Chapter 9 of the Norwegian 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, debt collection fees, and a reasonable fee for uncollected goods.

Performance

The Seller may uphold the purchase and demand that the Buyer pay the purchase price.

If the goods have not been delivered, the Seller loses this right if he waits unreasonably long before making the claim.

Termination

The Seller may terminate the agreement in the event of material breach of payment or other material breach by the Buyer.

However, the Seller may not terminate the agreement if the full purchase price has been paid.

If the Seller sets an additional reasonable deadline for performance and the Buyer does not pay within that deadline, the Seller may terminate the purchase.

Interest for Late Payment / Debt 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 Norwegian Act on Interest on Overdue Payments.

In the event of non-payment, the claim may, after prior notice, be referred to debt collection, and the Buyer may then be held liable for fees under the Norwegian Debt Collection Act.

Fee for Uncollected, Non-Prepaid Goods

If the Buyer fails to collect unpaid goods, the Seller may charge the Buyer a fee.

This fee shall not exceed the Seller’s actual expenses for delivering the goods to the Buyer. Such a fee may not be charged to buyers under the age of 18.

12. Guarantee

Any guarantee provided by the Seller or the manufacturer gives the Buyer rights in addition to those already granted under mandatory legislation.

A guarantee therefore does not imply any limitations on the Buyer’s right to make complaints or claims in the event of delay or defects under Sections 9 and 10.

13. Personal Data

The Seller is the data controller for any personal data collected.

Unless the Buyer consents otherwise, the Seller may only collect and store the personal data necessary for the Seller to fulfil its obligations under the agreement, in accordance with applicable data protection legislation.

The Buyer’s personal data will only be disclosed to others if necessary for the Seller to perform the agreement with the Buyer, or where required by law.

14. Dispute Resolution

Complaints shall be directed to the Seller within a reasonable time, cf. Sections 9 and 10.

The parties shall attempt to resolve any disputes amicably.

If this is not successful, the Buyer may contact the Norwegian Consumer Council for mediation.

The Norwegian Consumer Council can be reached by telephone at 23 40 05 00 or via www.forbrukerradet.no.