Standard terms of sale for consumer purchases of goods over the Internet
Introduction: This purchase is governed by the following standard terms of sale for consumer purchases of goods over the Internet. Consumer purchases over the Internet are primarily 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 the consumer with non-negotiable rights. The laws are available at www.lovdata.no. The terms of this agreement shall not be construed as limiting the statutory rights, but rather outline the principal rights and obligations of the parties for the transaction. The terms of sale have been prepared and recommended by the Consumer Authority. For a better understanding of these terms of sale, please refer to the Consumer Authority’s guide.
1] The Agreement: The agreement consists of these terms of sale, information provided in the ordering solution, and any separately agreed terms. In the event of any inconsistency between the information, what has been separately agreed between the parties shall prevail, provided it does not conflict with mandatory legislation. The agreement will also be supplemented by relevant statutory provisions governing purchases of goods between businesses and consumers.
2] The Parties: The seller is Gjendeosen Kiosk and Parking, Gjendevegen 231, 2683 Tessanden, email: post@visitgjende.no, with organization number 930954055. Gjendeosen Kiosk and Parking will hereinafter be referred to as the seller. The buyer is the consumer placing the order and will be referred to 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 fees and additional costs. Additional costs that the seller has not informed the buyer of before the purchase shall not be borne by the buyer.
4] Conclusion of the Agreement: The agreement is binding on both parties when the buyer has submitted their order to the seller. However, the agreement is not binding if there has been a typographical or technical error in the seller’s offer in the ordering solution on the website or in the buyer’s order, and the other party realized or should have realized such an error.
5] Payment: The seller may demand payment for the goods from the moment they are dispatched from the seller to the buyer. If the buyer uses a credit or debit card for payment, the seller may reserve the purchase amount on the card upon ordering. 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 upon shipment of the goods. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt. Buyers under 18 years of age cannot pay by subsequent invoice.
6] Delivery: Delivery occurs when the buyer or their representative has taken possession of the goods. If the delivery time is not specified in the ordering solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the order from the customer. The goods shall be delivered to the buyer unless otherwise agreed between the parties.
7] Risk of the Goods: The risk of the goods passes to the buyer when they or their representative have received the goods in accordance with point 6.
8] Right of Withdrawal: 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 use of the right of withdrawal within 14 days from when the period starts to run. The deadline includes all calendar days. If the deadline falls on a Saturday, holiday, or public holiday, the deadline is extended to the next working day. The withdrawal deadline is considered met if the notice is sent before the deadline expires. The buyer bears the burden of proving that the right of withdrawal has been exercised, and the notice should therefore be given in writing (withdrawal form, email, or letter). The withdrawal period starts: • For the purchase of individual items, the withdrawal period runs from the day after the item(s) are received. • If the purchase consists of multiple deliveries, the withdrawal period runs from the day after the last delivery is received. The withdrawal period is extended to 12 months after the expiry of the original deadline if the seller does not inform before the conclusion of the agreement that there is a right of withdrawal and standardized withdrawal form. The same applies if there is a lack of information about terms, deadlines, and procedure for using the right of withdrawal. If the seller provides the information during these 12 months, the withdrawal period expires 14 days after the day 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 from the notification of the use of the right of withdrawal. The buyer covers the direct costs of returning the goods unless otherwise agreed or the seller has failed to inform the buyer that they shall cover the return costs. The seller cannot impose a fee for the buyer’s use of the right of withdrawal. The buyer may test or examine the goods in a manner that is necessary to determine the nature, characteristics, and functioning of the goods without forfeiting the right of withdrawal. If the testing or examination of the goods goes beyond what is necessary and reasonable, the buyer may be liable for any diminished value of the goods. The seller is obligated to refund the purchase amount to the buyer without undue delay and no later than 14 days from the seller receiving notice of the buyer’s decision to use the right of withdrawal. The seller has the right to withhold payment until they have received the goods from the buyer or until the buyer has provided documentation that the goods have been returned.
9] Delay and Non-delivery – Buyer’s Rights and Deadline for Claims: If the seller does not deliver the goods or delivers them 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 Chapter 5 of the Consumer Purchases Act, under the circumstances, withhold the purchase amount, demand performance, terminate the agreement, and/or claim compensation from the seller. Claims for breach of contract should be made in writing (for example, by email). • 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 result in such significant inconvenience or cost for the seller that it is disproportionate to the buyer’s interest in having the seller fulfill. If the obstacles are eliminated within a reasonable time, the buyer may still demand performance. The buyer loses the right to demand performance if they unreasonably delay making the claim. • Termination: If the seller does not deliver the goods at the time of delivery, the buyer shall encourage 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 immediately terminate the purchase if the seller refuses to deliver the goods. The same applies if timely delivery was essential to the conclusion of the agreement, or if the buyer has informed the seller that the delivery time was essential. If the item is delivered after the additional period set by the consumer, or after the delivery time that was essential for the conclusion of the agreement, claims for termination must be asserted within a reasonable time after the buyer learned about the delivery. • Compensation: The buyer may claim compensation for any loss suffered as a result of the delay. However, this does not apply if the seller proves that the delay is due to circumstances beyond the seller’s control that could not reasonably have been considered at the time of the agreement, avoided, or overcome.
10] Defects in the Goods – Buyer’s Rights and Deadline for Complaints: If there is a defect in the goods, the buyer must notify the seller within a reasonable time after it was discovered or should have been discovered. The buyer has always complained in time if it is done within 2 months from when the defect was discovered or should have been discovered. Complaints can be made no later than two years after the buyer received the goods. If the goods or parts of them are intended to last significantly longer than two years, the complaint deadline is five years. If there is a defect in the goods and this is not due to the buyer or circumstances on the buyer’s side, the buyer may, according to the rules in Chapter 6 of the Consumer Purchases Act, under the circumstances, withhold the purchase amount, choose between rectification 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. • Rectification or Replacement: The buyer may choose between claiming rectification of the defect or delivery of equivalent goods. However, the seller may oppose the buyer’s claim if the implementation of the claim is impossible or causes the seller unreasonable costs. Rectification or replacement shall be carried out within a reasonable time. The seller, in principle, has no right to carry out more than two attempts to rectify the same defect. • Price Reduction: The buyer may demand an appropriate price reduction if the goods are not rectified or replaced. This means that the relationship between the reduced and agreed price corresponds to the relationship between the value of the defective and contractual condition of the goods. If there are special reasons for it, the price reduction may instead be equal to the significance of the defect for the buyer. • Termination: If the goods are not rectified or replaced, the buyer may also terminate the purchase when the defect is not insignificant.
11] Seller’s Rights in Case of Buyer’s Default: If the buyer does not pay or fulfill other obligations according to the agreement or the law, and this is not due to the seller or circumstances on the seller’s side, the seller may, according to the rules in Chapter 9 of the Consumer Purchases Act, under the circumstances, withhold the goods, demand performance of the agreement, terminate the agreement, and/or claim compensation from the buyer. The seller may also, under the circumstances, claim interest on overdue payments, collection fees, and a reasonable fee for uncollected goods. • Performance: The seller may uphold the purchase and demand that the buyer pays the purchase amount. If the goods are not delivered, the seller loses their right if they unreasonably delay making the claim. • Termination: The seller may terminate the agreement if there is a significant default in payment or other significant breach by the buyer. However, the seller cannot terminate if the entire purchase amount 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/Collection Fee: If the buyer does not pay the purchase amount according to the agreement, the seller may demand interest on the purchase amount according to the Late Payment of Debt Act. In case of non-payment, the claim may, after prior notice, be sent to debt collection. The buyer may then be held responsible for a fee according to the Debt Collection Act.
12] Warranty: A warranty provided by the seller or manufacturer gives the buyer additional rights in addition to those the buyer already has under mandatory legislation. Therefore, a warranty does not entail any limitations on the buyer’s rights to complaints and claims for delay or defects under points 9 and 10.
13] Personal Data: The data controller for collected personal data is the seller. Unless the buyer consents to something else, the seller, in accordance with the Personal Data Act, may only collect and store the personal information necessary for the seller to fulfill the obligations under the agreement. The buyer’s personal information will only be disclosed to others if necessary for the seller to fulfill the agreement with the buyer, or in cases required by law.
14] Conflict Resolution: Complaints shall be directed to the seller within a reasonable time, cf. points 9 and 10. The parties shall attempt to resolve any disputes amicably. If this fails, the buyer may contact the Consumer Council for mediation. The Consumer Council is available by phone at +47 23 40 05 00 or www.forbrukerradet.no.