Standard terms and conditions for consumer purchases of goods online
Version 2.0 revised October 2015. Updated January 2018
Introduction:
This purchase is regulated by the standard sales terms and conditions for consumer purchases of goods online set out below. Consumer purchases online are mainly regulated by the Contract Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Cancellation Act, and the E-commerce Act, and these acts grant the consumer mandatory rights. The acts are available at www.lovdata.no. The terms of this agreement shall not be construed as any limitation of the statutory rights, but set out the parties' most important rights and obligations for the trade.
These sales terms have been prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these sales terms, see the Norwegian Consumer Authority's guide.
Table of Contents:
1] The Agreement
2] The Parties
3] Price
4] Conclusion of the agreement
5] Payment
6] Delivery
7] Risk of the goods 8] Right of cancellation
9] Delay and lack of delivery
- the buyer's rights and deadline for reporting claims
10] Defect in the goods - the buyer's rights and deadline for complaints
11] The seller's rights in case of the buyer's default
12] Warranty
13] Personal data
14] Conflict resolution
1] The Agreement
The agreement consists of these sales terms, information provided in the ordering solution, and any specially agreed terms. In the event of any conflict between the information, what has been specifically agreed between the parties shall take precedence, provided it does not conflict with mandatory legislation.
The agreement will also be supplemented by relevant legal provisions regulating the purchase of goods between businesses and consumers.
2] The Parties
The seller is
Avóra Equestrian,
Hemingveien 7b
0772 Oslo
post@avoraequestrian.com,
Tel: 40075779,
Org. no.: 834876582
and is referred to in the following as the seller.
The buyer is the consumer who places the order, and is referred to in the following 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 costs. The buyer shall not bear any additional costs that the seller has not informed about before the purchase.
4] Conclusion of the agreement
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 have been typing or writing errors in the offer from the seller in the ordering solution 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] Payment
The seller can demand payment for the goods from the time they are sent from the seller to the buyer.
If the buyer uses Vipps, a credit card, or a debit card for payment, the seller can reserve the purchase amount on the card at the time of order. The card is charged the same day as the goods are shipped.
When paying by invoice, the invoice is issued to the buyer upon shipment of the goods. 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.
6] Delivery
Delivery has taken place when the buyer, or their representative, has taken possession of the item.
If the delivery time is not 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 order from the customer. The goods shall be delivered to the buyer unless otherwise specifically agreed between the parties.
7] Risk of the goods
The risk for the goods passes to the buyer when they, or their representative, have had the goods delivered in accordance with point 6.
8] Right of cancellation
Unless the agreement is exempt from the right of cancellation, the buyer may cancel the purchase of the goods in accordance with the Right of Cancellation Act.
The buyer must notify the seller of the use of the right of cancellation within 14 days from the deadline beginning to run. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday, or day of rest, the deadline is extended to the nearest working day.
The cancellation deadline is considered met if the notice is sent before the expiration of the deadline. The buyer has the burden of proof that the right of cancellation has been exercised, and the notice should therefore be in writing (cancellation form, email, or letter).
The cancellation period begins to run:
• For the purchase of individual goods, the cancellation period will run from the day after the goods are received.
• If a subscription is sold, or the agreement involves regular delivery of identical goods, the deadline runs from the day after the first shipment is received.
• If the purchase consists of multiple deliveries, the cancellation period will run from the day after the last delivery is received.
The cancellation 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 cancellation and a standardized cancellation form. The same applies in the absence of information about terms, deadlines, and procedures for using the right of cancellation. If the merchant ensures that the information is provided during these 12 months, the cancellation period nevertheless expires 14 days after the day the buyer received the information.
When using the right of cancellation, the goods must be returned to the seller without undue delay and no later than 14 days from the notice of use of the right of cancellation is given. The buyer covers the direct costs of returning the goods, unless otherwise agreed or the seller has failed to inform that the buyer shall cover the return costs. The seller cannot set a fee for the buyer's use of the right of cancellation.
The buyer can try or test the goods in a responsible manner to determine the nature, characteristics, and function of the goods, without the right of cancellation being lost. If trying or testing the goods goes beyond what is responsible and necessary, the buyer may be liable for any reduced 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 from the seller receiving notice of the buyer's decision to use the right of cancellation. 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 sent back.
9] Delay and lack of delivery - the buyer's rights and deadline for reporting claims
If the seller does not deliver the goods or delivers them too late in accordance with the agreement between the parties, and this is not due to the buyer or conditions on the buyer's side, the buyer may, in accordance with the rules in Chapter 5 of the Consumer Purchases Act, depending on the circumstances withhold the purchase price, claim performance, terminate the agreement, and/or claim damages from the seller.
In the event of a claim for remedies for breach of contract, the notice should for evidentiary reasons be in writing (e.g., email).
Performance
The buyer can maintain the purchase and claim performance from the seller. However, the buyer cannot claim performance if there is an obstacle that the seller cannot overcome, or if performance will entail such a great inconvenience or cost for the seller that it is in significant disproportion to the buyer's interest in the seller performing. Should the difficulties cease within a reasonable time, the buyer can still claim performance.
The buyer loses their right to claim performance if they wait an unreasonably long time to present 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 deadline for performance. If the seller does not deliver the goods within the additional deadline, the buyer can terminate the purchase.
The buyer can, however, terminate the purchase immediately if the seller refuses to deliver the goods. The same applies if delivery at the agreed time was decisive for the conclusion of the agreement, or if the buyer has informed the seller that the delivery time is decisive.
If the item is delivered after the additional deadline the consumer has set or after the delivery time that was decisive for the conclusion of the agreement, a claim for termination must be asserted within a reasonable time after the buyer became aware of the delivery.
Damages
The buyer can claim damages for losses suffered as a result of the delay. This does not apply, however, if the seller proves that the delay is due to an obstacle beyond the seller's control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome the consequences of.
10] Defect in the goods
- the buyer's rights and deadline for complaints
If there is a defect in the goods, the buyer must, within a reasonable time after it was discovered or should have been discovered, notify the seller that they will invoke the defect. The buyer has always complained in time if it happens 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 took over 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 the goods have a defect and this is not due to the buyer or conditions on the buyer's side, the buyer may, in accordance with the rules in Chapter 6 of the Consumer Purchases Act, depending on the circumstances withhold the purchase price, choose between rectification and redelivery, claim a price reduction, claim the agreement terminated, and/or claim damages from the seller.
Complaints to the seller should be in writing.
Rectification or redelivery
The buyer can choose between claiming the defect rectified or the delivery of a corresponding item. The seller can, however, oppose the buyer's claim if the execution of the claim is impossible or causes the seller unreasonable costs. Rectification or redelivery shall be carried out within a reasonable time. The seller does not, in principle, have the right to make more than two attempts at remedy for the same defect.
Price reduction
The buyer can claim an appropriate price reduction if the goods are not rectified or redelivered. This means that the ratio between the reduced and agreed price corresponds to the ratio between the value of the item in a defective and contractual state. If special reasons speak for it, the price reduction may instead be set equal to the defect's significance for the buyer.
Termination
If the goods are not rectified or redelivered, the buyer can also terminate the purchase when the defect is not immaterial.
11] The seller's rights in case of the buyer's default
If the buyer does not pay or fulfill the other obligations according to the agreement or the law, and this is not due to the seller or conditions on the seller's side, the seller may, in accordance with the rules in Chapter 9 of the Consumer Purchases Act, depending on the circumstances withhold the goods, claim performance of the agreement, claim the agreement terminated, as well as claim damages from the buyer. The seller may also, depending on the circumstances, be able to claim interest on late payment, collection fees, and a reasonable fee for uncollected goods.
Performance
The seller can maintain the purchase and claim that the buyer pays the purchase price. If the goods are not delivered, the seller loses their right if they wait an unreasonably long time to present the claim.
Termination
The seller can terminate the agreement if there is a significant payment default or other significant default on the buyer's side. The seller cannot, however, terminate if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for performance and the buyer does not pay within this deadline, the seller can terminate the purchase.
Interest on late payment/collection fees
If the buyer does not pay the purchase price in accordance with the agreement, the seller can claim interest on the purchase price according to the Act on Interest on Overdue Payments. In case of lack of payment, the claim may, after prior notice, be sent to collection. The buyer may then be held liable for fees according to the Debt Collection Act.
Fee for uncollected non-prepaid goods
If the buyer fails to collect unpaid goods, the seller can charge the buyer a fee. The fee shall 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.
12] Warranty
A warranty given by the seller or the manufacturer gives the buyer rights in addition to those the buyer already has according to mandatory legislation. A warranty thus does not entail any limitations in the buyer's right to complain and claims in case of delay or defects according to 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 may, in accordance with the Personal Data Act, only collect and store the personal data that is necessary for the seller to be able to fulfill the obligations under the agreement. The buyer's personal data will only be disclosed to others if it is necessary for the seller to complete the agreement with the buyer, or in statutory cases.
14] Conflict resolution
Complaints are addressed to the seller within a reasonable time, cf. points 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is not successful, the buyer can contact the Norwegian Consumer Council for mediation. The Norwegian Consumer Council is available by phone 23 400 500 or www.forbrukerradet.no.