PATTERNS & HAND-DYED YARNStandard terms of sale for consumer purchases of goods over the Internet
Introduction
This purchase is governed by the standard terms of sale below for consumer purchases of goods over the Internet. Consumer purchases over the internet are mainly governed by the Norwegian Contracts Act (avtaleloven), the Norwegian Consumer Purchases Act (forbrukerkjøpsloven), the Norwegian Marketing Control Act (markedsføringsloven), the Norwegian Right of Withdrawal Act (angrerettloven) and the Norwegian E-Commerce Act (ehandelsloven), and these Acts give the consumer mandatory rights. The Acts are available at www.lovdata.no. The terms of this agreement shall not be understood as any limitation of the statutory rights, but set out the parties' most important rights and obligations for the transaction.
These terms of sale have been prepared and recommended by the Norwegian Consumer Authority (Forbrukertilsynet). For a better understanding of these terms of sale, see the Norwegian Consumer Authority's guidance here.
The agreement consists of these terms of sale, the information provided in the ordering system and any specially agreed terms. In the event of any conflict between the information, what has been specially agreed between the parties takes precedence, provided that it does not conflict with mandatory legislation.
The agreement will also be supplemented by relevant statutory provisions governing the purchase of goods between traders and consumers.
The seller is Ingvill Karine Freland, Østnorflata 21, 7884 SØRLI, ingvill.freland@outlook.no, 90577419, 991 128 859, and is hereinafter referred to as the seller.
The buyer is the consumer who places the order, and is hereinafter referred to as the buyer.
The stated price for the goods and services is the total price the buyer is to pay. This price includes all taxes, charges and additional costs. The buyer shall not bear any additional costs that the seller has not provided information about before the purchase.
The agreement is binding on both parties once the buyer has sent their order to the seller.
However, the agreement is not binding if there has been a typing or keying error in the seller's offer in the ordering system of the online shop or in the buyer's order, and the other party realised or ought to have realised that such an error existed.
Payment and the sending of PDF patterns are set up so that this takes place automatically and immediately after payment. Because the amount is charged before the goods are sent, the payment is regarded as an advance payment, and it is important that the consumer is aware of this.
When paying by invoice, the invoice is issued to the buyer when the goods are dispatched. The payment deadline is stated on the invoice and is at least 14 days from receipt.
Buyers under 18 years of age cannot pay by subsequent invoice.
Delivery has taken place when the buyer, or the buyer's representative, has taken possession of the item.
If the time of delivery is not stated in the ordering system, 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 specially agreed between the parties.
The risk for the goods passes to the buyer when the buyer, or the buyer's representative, has had the goods delivered in accordance with clause 6.
Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw from the purchase of the goods in accordance with the Right of Withdrawal Act.
The buyer must notify the seller of the exercise of the right of withdrawal within 14 days from the date on which the period begins to run. All calendar days are included in the period. If the period ends on a Saturday, public holiday or religious holiday, the period is extended to the nearest working day.
The withdrawal period is deemed to have been observed if notice is sent before the period expires. The buyer bears the burden of proof that the right of withdrawal has been exercised, and the notice should therefore be given in writing (withdrawal form, e-mail or letter).
The withdrawal period begins to run:
- For purchases of individual goods, the withdrawal period runs from the day after the goods have been received.
- If a subscription is sold, or the agreement involves the regular delivery of identical goods, the period runs from the day after the first consignment has been received.
- If the purchase consists of several deliveries, the withdrawal period runs from the day after the last delivery has been received.
The withdrawal period is extended to 12 months after the expiry of the original period if, before the agreement is concluded, the seller does not provide information that there is a right of withdrawal and provide the standardised withdrawal form. The same applies if information on the conditions, time limits and procedure for exercising the right of withdrawal is not provided. If the trader provides the information within these 12 months, the withdrawal period will nevertheless expire 14 days after the day on which the buyer received the information.
When the right of withdrawal is exercised, the goods must be returned to the seller without undue delay and no later than 14 days after notice of the exercise of the right of withdrawal has been given. The buyer covers the direct costs of returning the goods, unless otherwise agreed or the seller has failed to inform the buyer that the buyer is to cover the return costs. The seller may not charge a fee for the buyer's exercise of the right of withdrawal.
The buyer may try or test the goods in a proper manner in order to establish the nature, characteristics and functioning of the goods, without losing the right of withdrawal. If trying or testing the goods goes beyond what is proper and necessary, the buyer may be held liable for any reduction in the 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 was notified of the buyer's decision to exercise the right of withdrawal. The seller is entitled to withhold the payment until the seller has received the goods from the buyer, or until the buyer has provided documentation that the goods have been sent back.
If the seller does not deliver the goods, or delivers them late in relation to 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 in chapter 5 of the Consumer Purchases Act and depending on the circumstances, withhold the purchase price, demand performance, terminate the agreement and/or claim compensation from the seller.
When claiming remedies for breach of contract, the notice should be given in writing for evidential reasons (for example by e-mail).
Performance
The buyer may uphold 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 entail such great inconvenience or cost for the seller that it is substantially disproportionate to the buyer's interest in the seller's performance. Should 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 an unreasonably long time before making the claim.
Termination
If the seller does not deliver the goods at the time of delivery, the buyer shall request the seller to deliver within a reasonable additional period for performance. If the seller does not deliver the goods within the additional period, 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 notified the seller that the time of delivery is decisive.
If the item is delivered after the additional period set by the consumer, or after the time of delivery 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 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 which could not reasonably have been taken into account at the time the agreement was concluded, or avoided, or the consequences of which could not reasonably have been overcome.
If there is a defect in the goods, the buyer must, within a reasonable time after the defect was discovered or ought to have been discovered, notify the seller that he or she intends to invoke the defect. The buyer has always complained in time if this is done within 2 months of the date on which the defect was discovered or ought to have been discovered. A complaint can 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 substantially longer than two years, the deadline for complaints 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, under the rules in chapter 6 of the Consumer Purchases Act and depending on the circumstances, withhold the purchase price, choose between repair and replacement, demand a price reduction, demand that the agreement be terminated and/or claim compensation from the seller.
Complaints to the seller should be made in writing.
Repair or replacement
The buyer may choose between demanding that the defect be repaired or that an equivalent item be delivered. The seller may nevertheless oppose the buyer's demand if carrying it out is impossible or would cause the seller unreasonable costs. Repair or replacement shall be carried out within a reasonable time. As a general rule, the seller is not entitled to make more than two attempts at remedying 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 ratio between the reduced price and the agreed price corresponds to the ratio between the value of the item in its defective condition and in the condition required by the contract. If there are special reasons for doing so, the price reduction may instead be set equal to the significance of the defect to the buyer.
Termination
If the goods have not been repaired or replaced, the buyer may also terminate the purchase when the defect is not insignificant.
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 rules in chapter 9 of the Consumer Purchases Act and depending on the circumstances, withhold the goods, demand performance of the agreement, demand that the agreement be terminated and claim compensation from the buyer. Depending on the circumstances, the seller may also be entitled to claim interest on late payment, a debt collection fee 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 or she waits an unreasonably long time before making the claim.
Termination
The seller may terminate the agreement if there is a material breach of payment or other material breach on the part of the buyer. However, the seller may not terminate if the entire purchase price has been paid. If the seller sets a reasonable additional period for performance and the buyer does not pay within this period, the seller may terminate the purchase.
Interest on 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 under the Norwegian Act on Interest on Overdue Payments (forsinkelsesrenteloven). In the event of non-payment, the claim may, after prior notice, be sent for debt collection. The buyer may then be held liable for fees under the Norwegian Debt Collection Act (inkassoloven).
Fee for uncollected goods not paid in advance
If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee may 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.
A guarantee given by the seller or the manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A guarantee therefore entails no limitations on the buyer's right to complain and to make claims in the event of delay or defects under clauses 9 and 10.
The data controller for the personal data collected is the seller. Unless the buyer consents otherwise, the seller may, in accordance with the Norwegian Personal Data Act (personopplysningsloven), only collect and store the personal data necessary for the seller to be able to fulfil the obligations under the agreement. The buyer's personal data will only be disclosed to others if this is necessary for the seller to carry out the agreement with the buyer, or in cases provided for by law.
Complaints shall be addressed to the seller within a reasonable time, cf. clauses 9 and 10. The parties shall try to resolve any disputes amicably. If this is not successful, the buyer may contact the Norwegian Consumer Council (Forbrukerrådet) for mediation. The Norwegian Consumer Council can be reached by telephone on 23 400 500 or www.forbrukerradet.no.
The European Commission's complaints portal can also be used if you wish to submit a complaint. This is particularly relevant if you are a consumer resident in another EU country. The complaint is submitted here: http://ec.europa.eu/odr.
Downloadable files
With regard to the PDF files, it is not possible to return them. This is because they can easily be saved before being returned, so a return would not be genuine in this context.
Should there be anything you are not satisfied with, please get in touch by e-mail.