Standard conditions for online consumer purchase

Table of content

 

1. The agreement
2. The parties
3. Price
4. Entering into an agreement
5. Order confirmation
6. Payment
7. Delivery etc.
8. Liability and risk- responsibility for the merchandise
9. Statutory cancelation right/ The Cancelation Act
10. Duty/ right to examine the merchandise
11. defect claims, (reklamasjoner) and the deadline to put forth the claim in the case of delays
12. The buyers rights in the case of delays
13. The buyers rights in the case of defect or incomplete service / product
14. The sellers right in the case of default on the part of the buyer
15. Warranty
16. Personal information
17. Conflict resolution
18. references

Introduction 

 

This purchase is regulated by the following standard conditions of online sales for consumer purchase. The term “consumer purchase” in this context refers to the sale of merchandise to a consumer. A consumer who is not mainly buying as a part of business activity, but as a private consumer and that/when the seller engages/acts in a way that is to be considered business related activities, (“næringsvirksomhet”), selling goods/merchandise online. The contract is made by, and recommended by, The Consumer Authority (“Forbrukerombudet”)

Online consumer purchases are mainly regulated by “Avtaleloven” (Act relating to conclusions of agreements, the right to deposit an item of debt, limitation of claims). Consumer Purchases Act, The Marketing Control Act The Cancellation Act] and Electronic Commerce Act.

These laws give the consumer inalienable rights. The terms in this contract are not to be taken as a limitation in the aforementioned statutory/ inalienable rights, but lists the parties most important rights and duties with regards to the deal. The seller may choose to offer the buyer better terms than what is listed in these conditions.

In cases where the contract does not directly give solution to the problem at hand, it is necessary to supply with additional relevant rules and regulations/acts.

1.  The Agreement

The agreement between buyer and seller consists of the information the seller gives in the payment solution in the online store. (This includes among other things information pertaining to the state, quantity and quality of the merchandise, as well as other qualities. Such as, (but not limited to) price, and conditions surrounding delivery and information regarding correspondence between the parties. For instance per email, as well as these sales – conditions.

In the case of conflicting information between the information the seller has provided, in the payment solution in the online store, direct correspondence and the terms in the sales conditions. Direct correspondence between the parties and the information given in payment solution will be given more weight than the sales conditions. Given that this does not then conflict with binding legislation.

2. The parties

Seller Name of Company: Høst & Vår AS

Contact address Kvernelandsvegen 325, 4355 Kverneland

Email: support@hostandvar.com                                       

Organisational ID Number 924868503

The term “buyer” in this context refers to the person who places/makes the order.

3. Prices

The prices given in the online store include VAT.

Information regarding the total cost to be paid by the buyer, including all taxes (VAT customs and so forth). As well as shipping, handling, postage, packaging, in voice fee and so on). Furthermore, specification of these separate elements will be supplied in the payment solution prior to finalizing the order. Goods ordered to Svalbard or Jan Mayen are to be sold without VAT. (1)

4. Entering into the agreement

The agreement is considered binding for both parties when the buyers order has been received by the seller.

However, one is not bound by the agreement in the case of typos or typing errors in the offer from the seller. This includes in the payment solution in the the online store, or in the order made by the buyer. As long as the other part in the agreement realized, or should have realized that such an error had occurred.

5. Order confirmation

When the seller has received the buyers order, the seller shall without unfounded delay, confirm the order by sending an order confirmation to the buyer.

It’s recommended that the buyer takes caution to control that the order confirmation is compliant with/equal to the order being made, with regards to number, type of goods, price and so on. If the order and the order confirmation do not match, the buyer should contact the seller as soon as possible.

6. Payment

The seller is in his or hers right to demand payment for the merchandise from the time the merchandise is sent to the buyer.

If the seller offers post- invoicing, the invoice to the buyer should be issued upon shipment of the goods. The due date must be at least 14 days from the time the buyer receives the shipment.

If the seller has a special/founded need to demand up- front payment from the byer, for instance in the case of manufacturing purchases, the seller may do so.

In cases where the buyer is under the age of 18, the buyer may only pay directly when the seller delivers the goods. Or upon picking up the goods after having it delivered through the postal service. (6)

7. Delivery, Duties & Taxes etc.

Delivery of the goods from the seller to the buyer, happens in the way and at the location/ at the time specified upon ordering the goods in the online store.

If time of delivery is not given upon making the order, the seller must deliver the goods to the buyer within a reasonable time frame. This should not be later than 10 days after the order is made. If it falls upon the seller to ensure that the goods are sent to the buyer, it is his duty to have the goods delivered to the destination. It should also be in a suitable manner and within the normal terms and conditions for transportation. “Destination” is here to be defined as being at the buyer’s place, unless otherwise specifically agreed upon between the parties.

All import taxes and duties are included and paid by Host and Var.

8.  Liability/ risk- responsibility for the goods.

Risk- responsibility /liability for the goods is transferred to the buyer, when the item in question, is received by the buyer as per the agreement. If the delivery time has arrived and the buyer does not take into his or her care a product that is being put to his or her disposal as per the agreement, the byer still bears the risk- responsibility/liability, connected to loss or damage owing to the inherent properties of the product or goods itself.

9.  Statutory Cancelation Rights (The Cancelation Act)

The buyer has the right to cancel the purchase of the goods as per The Cancellation Act (7). The Cancellation Act gives the buyer the right to return the goods to the seller without specified reason. Even if there are no faults or defects with the merchandise. This also applies even though/if the merchandise has not yet been delivered.

The buyer must give the seller notice of his use of The Cancellation Act within 14 days after the merchandise, the information, and the right of cancelation form has been received. If the buyer receives the form and the necessary information at a later point than the delivery of the goods, the 14 day time window for cancelation is calculated from the day the buyer receives the cancelation form and the necessary information.

The message from the buyer to the seller concerning the use of The Cancellation Act should, for the sake of its potential use as evidence, be given in writing. (Via the cancelation form, email, telefax or letter). The message must contain information as to how the buyer will return the merchandise to the seller.

In the case that the buyer makes use of the rights given to him via The Cancellation Act, the merchandise must be delivered to the seller within 14 days. The seller is duty-bound to pay back the whole purchase price within 30 days from the day the seller receives the merchandise, pick-up note, or the merchandise is made available to, (that is to say), put at the disposal of the seller. The seller may not impose fees upon the buyer if he uses The Cancellation act. But the seller may demand that the buyer covers the costs of returning the goods.

The buyer may examine the product before he or she makes use of The Cancellation act. Nevertheless, the merchandise must be able to be returned to the seller in the same condition and quantity as was the case when the buyer received it. The buyer shall, if possible, send the merchandise to the seller in int`s original packaging.

10. Examination of the product

When the buyer receives the product, it is recommended that he or she, to a reasonable extent, examines if it matches and is in compliance with the placed order, if it has been damaged under transport, or if it has faults/flaws/defects.

If the product does not match/is not in compliance with the order that was placed, or if it has flaws/ defects, the buyer must notify the seller with a “defect- complaint”, see point 11 of this contract.

11. “Defect- complaint” (“reklamasjon”) and deadline to file a claim with regards to delays.

If there are faults or defects on the merchandise, the buyer must shortly after he or she has discovered them, notify the seller that he or she intends to file a claim with regards to the defect(s)/faults.

In the case of delays in delivery, a claim must be filed to the seller within a reasonable time frame after the originally agreed upon delivery date/time has expired.

If the merchandise has been paid with a credit card, the buyer may choose to send/file the claim directly to the credit provider. (8)

The notification / claim to the seller or credit provider ought to be in written form. (For example via email, telefax or letter).

12. The buyers rights in the case of delays

If the seller is not able to deliver the product, or if the delivery is too late with regards to the agreement between the parties, and that this lateness is not due to conditions on the part of the buyer, the buyer may, according to the rules in The Consumer Purchase Act chapter 5, depending on the circumstances, withhold the purchase- price, demand fulfilment, terminate the agreement, and demand compensation from the seller.

Fulfilment/completion:  if the seller is not able to deliver on the agreed upon time, the buyer may maintain the purchase and put forth a reasonable extended deadline for completion/ fulfilment from the seller. The buyer might not however, demand fulfilment/completion if there is a hindrance that the seller cannot overcome. Or if the completion / fulfilment would lead to a disadvantage or cost of such a magnitude/extent, that it constitutes a significant mismatch in favour of the buyer. If the hindrance disappears within a reasonable time frame, the buyer may demand fulfilment/ completion.

Cancelation: The buyer may terminate the agreement with the seller if the delay is significant, or if the seller does not deliver the merchandise within the additional/ extended deadline for completion/ fulfilment, (as determined by the byer). However, the buyer may not terminate the agreement while this additional deadline is still in effect, unless the seller has said that he or she will not complete/ fulfil within the deadline.

Compensation The buyer might demand compensation for loss that he or she has sustained, as a consequence of the delay on the part of the seller ref. Consumer Purchases Act § 24.

The buyer must give notice of the “defect claim” to the seller (“reklamasjon”) ref this contract, point 11.

13. The buyers rights in the case of a defect.

If the merchandise has a defect and this is not the buyers fault, or due to conditions on the part of the buyer, the buyer may, according to the rules of The Consumer Purchase Act Chapter 6, depending on the circumstance, withhold the purchase price, or choose between having the defect fixed, getting re-delivery of an equivalent product,  getting a price reduction, demanding a termination of the agreement, and getting compensation from the seller.

Correcting the defect or re- delivery: If the delivery has a defect, the buyer might demand the seller correct the defects or re- delivers an equivalent product. The seller may oppose the buyers demand if the completion of the demand Is impossible, or causes the seller unreasonable costs.

The seller may make the correction or re-delivery within a reasonable time frame. Re – delivery or correction must be made without cost to the buyer, and without risk of the buyer not getting his or her expenses covered. As well as without substantial disadvantage on the part of the buyer. The seller may not make more than two attempts at making the correction or completing the re-delivery, (provided it is the same defect). Unless there are special circumstances that make additional attempts reasonable.

Even though the buyer neither demands correction or re-delivery, the seller may offer correction or re-delivery, provided that this happens without delay. If the seller ensures that re – delivery or correction meets this requirement, the buyer may not demand a price reduction or termination of the agreement.

Price reduction: If the defect may not be corrected, or an equivalent product not be re- delivered, the buyer may demand a reasonable price reduction.

Instead of a price reduction, the buyer may demand a cancelation of the agreement, except for when the defect is insignificant.

Compensation: The buyer may also demand compensation for economic loss he or she has sustained as a consequence of the defect on the merchandise. Ref. The Consumer Purchase act § 33

The buyer must put forth a “defect- claim” ref. this contract, point 11. The rules concerning “defect claims (“reklamasjon”) apply in addition to, and independent of, the rules regarding The Cancelation Act, as well as any other warranties made by the seller.

14. The sellers rights in case buyer defaults

If the buyer does not pay (defaults payment), or fails to fulfil other obligations as per the agreement, and this is not due to the seller or conditions on behalf of the seller, the seller may, according to the rules of The Consumer Purchase act chapter 9, depending on the circumstances, withhold the merchandise, demand fulfilment of the agreement, demand the agreement to be terminated, and demand compensation from the buyer. The seller may also, depending on the circumstances, be able to demand interest in the case of late payment, including (debt) collection fees and fees in the case of non- prepaid and uncollected merchandise.

Fulfilment/ completion: If the buyer does not pay, the seller may still maintain the purchase and demand that the buyer pays the purchase price. If the merchandise is not delivered, the seller loses his right if he waits an unreasonable amount of time to make/ put forth the claim.

Termination/Cancelation: in the case of considerable/ significant payment default, or other substantial default on the part of the buyer, the seller may terminate the agreement. If so, the seller may not terminate the agreement after the purchase price has been paid.

In this case the seller may also terminate/ cancel the purchase if the buyer does not make payment within a reasonable additional/extended deadline determined by the seller. The seller may not terminate/ cancel the purchase while this deadline is still in effect, unless the buyer has said that he or she will not pay.

Compensation: The seller may demand compensation from the buyer for economic loss he or she sustains as a consequence of a breach of contract on the part of the buyer ref. The Consumer Purchase Act § 46.

Interest in the case of delayed payment / collection fees: If the buyer does not pay the purchase price as per the agreement, the seller may demand interest on the purchase price as per the law regarding interest on delayed payment. (9). In the case of missing payment, the demand may, after prior notice, be sent to debt collection. The buyer may then be held responsible for fees in accordance with the laws on debt collection activities and other debt collection of default payment claims. (10).

Fees in the case of uncollected and non- prepaid merchandise: If the buyer avoids picking up unpaid merchandise, the seller may incur upon the buyer a fee of NOK     + shipping roundtrip. The fee must not be bigger than what is required to cover the seller’s actual expenses in delivering the merchandise to the buyer. Such a fee may not be applied to persons under the age of 18. (11).

15. Warranty

The warranty given by the seller or producer, gives the buyer rights in addition to the rights that the buyer already has as a result of mandatory legislation. A warranty may therefore not constitute a limitation in the buyers rights to “defect claims”, or to demands/claims due to delays in delivery, or unfulfilled conditions as per point 12 and 13 of this contract.

16.Personal Information (12)

Unless the buyer agrees otherwise, the seller may only collect and store the necessary personal information required for the seller to fulfil his commitments as per the agreement. The personal information of buyers under the age of 15 may not be collected unless the buyer has permission from parents or guardians. The buyers personal information may only be handed over to others if it is necessary for the seller to be able to complete the agreement with the buyer, or in the cases where it is required as per mandatory legislation.

The seller may collect the buyers personal ID – number if there is an objective need for this to ensure identification, and such identification is necessary

If the seller wishes to use the buyers personal information for other purposes, such as sending the buyer advertisements or information beyond that which is necessary to complete the deal, the seller must get the buyers consent at the point of entering into the deal. The seller must give the buyer information regarding how/to what end the personal information will be used, and who shall be using it. The buyer’s consent must be given of his or her own volition as a result of an active action on the buyers part, such as putting a checkmark in a box.

The buyer shall easily be able to contact the seller. For instance via telephone or email, if he or she has questions regarding the sellers use of personal information, or if he or she wishes that the seller deletes or changes the personal information.

17. Conflict resolution

The parties shall intend to resolve disputes amicably. The buyer may contact The Consumer council for help regarding a dispute with the seller. If an amicable solution may not be reached after mediation in The Consumer Council, the parties may enquire that The Consumer Council put forth the dispute to the Consumer Dispute Council/Committee. 13. Decisions reached by The Consumer Dispute Council/ Committee are legally binding four weeks after announcement. Prior to the decision being legally binding, the parties may, by sending a subpoena to The Consumer Dispute Council, put the decision forth to the District Court.

18. References:

1. See act as of 19th of June 1969 nr 66 regarding VAT § 16.

2. A credit card is a payment card where the payment/ settlement for the purchase happens after the fact, by the credit card company (credit provider) sending the cardholder an invoice demanding payment.

3.A debit card is a payment card tied to a deposit account. Use of the card will lead to the amount in question being deducted from the account, and the amount will be transferred to the payees’ account.

4.Ref. “Pattern agreement” made by the contract committee of “ for Sparebankforeningens og Finansnæringens hovedorganisasjon» – Terms of agreement/ Conditions for credit- purchase and Invoice- cards – Consumer conditions point 12 and pattern agreement made by “Sparebankforeningen og Finansnæringens hovedorganisasjon” for payment cards, point 11.

5. Act of June 21st 2985 nr. 82 regarding credit purchase etc.

6. Persons under the age of 18 may only pay using the aforementioned ways. Given that they are not legally able to incur debt, as per the act of 22nd of April 1927. Ref. The Guardianship Act § 2.

7. Act of 21st of December 2000 nr. 105 concerning the duty to provide information and The Cancelation Right etc in instances of distant selling and sales made outside of fixed sales location (The Cancelation Act).

9. Act of 17th of December 1976 nr 100 regarding Interest on overdue Payments.

10. Act of 13th of May 1988 nr. 26 concerning debt collection and other collection of overdue monetary claims.

11. Fees may not be demanded of persons under the age of 18 as they are not allowed to incur debt Ref The Guardianship Act § 2.

12. See act dated 14th of April 2000 nr. 31 concerning the processing of personal data.  Personal Data Act.