Kjøpsbetingelser

Standard sales terms for consumer purchases of goods over the internet.

Table of Contents:

Introduction

  1. The Agreement
  2. The Parties
  3. Prices
  4. Entering the Agreement
  5. Order confirmation
  6. Payment
  7. Delivery etc.
  8. Risk of Loss
  9. Cancellation Right
  10. Duty to Inspect
  11. Filling a Complaint in Cases of Defect and Time Limits for Filing a Claim in Cases of Delay
  12. Buyer’s Rights in Cases of Delay
  13. Kjøperens rettigheter ved mangel
  14. Seller’s Rights in Cases of Buyer’s Non-payment
  15. Warranty
  16. Personal Information
  17. Conflict Resolution
  18. Source List

Introduction:

This purchase is regulated by the following standard sales terms for consumer purchases of goods over the internet. Consumer purchase means in this case a sale of a product to a consumer who is not primarily purchasing as part of business activity, and the seller acts in business activity of selling goods over the internet. This agreement is created and recommended for this use by the Consumer Ombudsman.

Consumer purchases over the internet are mainly regulated by the Contract Act, the Consumer Sales Act, the Marketing Control Act, the Consumer Purchases Cancellation Act and the e-Commerce Act, under which the consumer has absolute rights. The terms of the agreement must not be understood as any limitation of statutory rights, but establish the parties’ most important rights and obligations regarding the transaction. The seller may choose to offer the buyer better terms than these sales terms provide.

In cases where the agreement does not clearly provide a solution for a problem, the agreement must be supplemented with relevant legal provisions.

  1. The Agreement

The agreement between the buyer and seller consists of the information the seller provides pertaining to the purchase in the store’s online ordering tool (such as details about the product’s characteristics, quantity, quality, other characteristics, price, and delivery terms), any direct correspondence between the parties (for instance email) and these sales terms.

In case of contradictions in the information the seller has provided about the purchase in the online store’s ordering tool, direct correspondence between the parties and the sales terms, direct correspondence between the parties and the information provided in the ordering tool take precedence over the sales terms, provided that it does not conflict with binding laws.

  1. The Parties
    Seller’s company name: Frii of Norway AS
    Contact address: Rigedalen 41, 4626 Kristiansand S
    Email: post@friiofnorway.no
    Telephone number: (+47) 404 00 986
    Business register number: 922020574

Kjøper er den person som foretar bestillingen.

  1. Prices

The prices, which are listed in the online store, include VAT.

Information about the total costs for the buyer, including all fees (VAT, customs etc.) and delivery costs (shipping, postage, invoice fees, packaging etc.) as well as the itemized elements of the total price, will be displayed in the ordering tool before the order is placed. (Delivery of goods to Svalbard or Jan Mayen are sold without VAT.) (1)

  1. Entering the Agreement

The agreement is binding for both parties when the buyer’s order has been received by the seller.

However, one party is not bound by the agreement if there is a spelling mistake or typo in the seller’s offer in the store’s online ordering tool or in the buyer’s order, and the other party realized or should have realized that there was such a mistake.

  1. Order Confirmation

When the seller has received the buyer’s order, the seller must without undue delay confirm the order by sending an order confirmation to the buyer.

It is recommended that the buyer verify that the order confirmation matches the order in terms of quantity, product type, price etc. If there is a discrepancy between the order and the order confirmation, the buyer should contact the seller as soon as possible.

  1. Payment

The seller may require payment for the product from the moment it is shipped from the seller to the buyer.

If the buyer uses a credit card (2) or a debit card (3) as the payment method, the seller may reserve the purchase amount on the card for up to 4 days from the placement of the order. (4)

For payment with a credit card, laws concerning credit purchases apply. (5)

If the seller offers post-invoicing, the invoice is issued to the buyer at the time of shipment of the product. The payment due date must be set for no less than 14 days from when the buyer receives the shipment.

If the seller has a special reason for requiring pre-payment from the buyer, for instance for a sale of goods made to specifications, the seller may require this.

Buyers under the age of 18 may only pay directly upon delivery of the product, either by the seller or by C.O.D. (6)

  1. Delivery etc.

Delivery of the product from the seller to the buyer takes place in the manner and at the place and time indicated in the ordering tool of the online store.

If the time of delivery is not stated in the ordering tool, the seller must deliver the product to the buyer within a reasonable time period and no more than 30 days after the order was placed by the customer. If the seller is responsible for the product being sent to the buyer, the seller is obligated to have the product transported to its destination in a suitable manner and on normal terms for such a transport. The destination is with the buyer, unless otherwise agreed upon by both parties.

  1. Risk of Loss

The risk of loss or damage of the product shifts to the buyer when the object is accepted by the buyer in accordance with the agreement. If the time of delivery has come and the buyer fails to accept a product that has been put at his or her disposal in accordance with the agreement, the buyer still bears the risk for loss or damage caused by characteristics of the product itself.

  1. Cancellation Right

The buyer may cancel the purchase of the product under the provisions of the Consumer Cancellation Right Act (7). Cancellation right means that the buyer may return the product to the seller without giving a reason, and even if it does not have any defects and even if it has not been delivered.

The buyer must notify the seller of his or her invocation of the Cancellation Right within 14 days after the product, the required information about the cancellation right, and the cancellation right form have been received. If the buyer receives the cancellation form and the required information at a later date than the delivery of the product, the cancellation period starts from the day the buyer receives the cancellation form and the information. If the buyer does not receive adequate information or the cancellation form, the cancellation period still expires 3 months after the product has been received. If the buyer does not receive any information about the cancellation right at all, the cancellation period will be 1 year.

The notification from the buyer to the seller regarding the invocation of the cancellation right should for evidence purposes be in written form (cancellation right form, email, fax or letter), and it must contain details on how the buyer will return the product to the seller.

When the cancellation right is invoked, the product must be returned to the seller within a reasonable time period. The seller is obligated to return the entire purchase amount to the buyer within 14 days from the day the seller receives the product or the claim check, or the product is put to the disposal of the seller. The seller may not charge fees for the buyer’s invocation of the cancellation right, but the seller may require that the buyer pays the cost of the return shipment.

The buyer may examine the product before he or she cancels the purchase. The product must, however, be returned to the seller in approximately the same condition and quantity as it was when the buyer received it. The buyer should return the product to the seller in the original packaging, if possible.

The buyer may not cancel purchases of products that deteriorate quickly; products which, due to their nature, cannot be returned; audio or video recordings (including CDs, DVDs); or software where the seal has been broken. The latter exception only applies if the seller clearly has informed the buyer of the terms of annulment of the cancellation right for the seal.

  1. Inspecting the Product

When the buyer receives the product it is recommended that he or she examines it to a reasonable extent to ensure that it matches the order and to see whether it has been damaged during transport or is in other ways defect.

If the product is not consistent with the order or has defects, the buyer must notify the seller if the buyer makes a complaint cf. subsection 11 of the agreement.

  1. Filing a Complaint in Cases of Defect and Time Limits for Filing a Claim in Cases of Delay

If the product has a defect, the buyer must within a reasonable time period after he or she discovered it, notify the seller that he or she intends to file a claim for the defect.

The time limit may never be less than two months from when the consumer discovered the defect. The complaint must, however, be made no later than two years after the buyer accepted the product. If the product or parts of it are intended to last considerably longer, the time limit for filing a complaint is five years.

In the case of delay, the claim must be made to the seller within a reasonable time period after the expected time of delivery has passed and the product has not been delivered.

If the product has been paid for with a credit card, the buyer may also choose to make a claim directly to the credit provider (the credit card company).(8)

The notification to the seller or the credit provider should be in written form (email, fax, or letter).

  1. Buyer’s Rights in Cases of Delay

If the seller does not deliver the product or delivers it too late according to the agreement between the parties, and this is not caused by the buyer or conditions on the buyer’s end, the buyer may under the provisions of the Consumer Sales Act, chapter 5, depending on the circumstances, demand fulfillment, cancel the agreement and claim damages from the seller.

Fulfilment: If the seller does not deliver the product at the expected time of delivery, the buyer may uphold the purchase and set a reasonable added time limit for fulfilment by the seller. The buyer may not, however, demand fulfilment if there is a hindrance which the seller cannot surmount or if fulfilment would entail a significantly disproportionate detriment or cost to the seller compared to the buyer’s interest in the seller’s fulfilment. If the difficulties disappear within a reasonable time, the consumer may demand fulfilment.

Rescission: The buyer may rescind the agreement with the seller if the delay is considerable or if the seller does not deliver the product within the additional time limit for fulfilment the buyer has set. The buyer may not, however, rescind the agreement if the additional time limit has not expired, unless the seller has pronounced that he or she will not be able to fulfil within the time limit.

Compensation: Furthermore, the buyer may demand compensation for losses he or she has incurred as a result of the delay from the seller cf. the Consumer Sales Act § 24.

The buyer must notify the seller when filing a complaint cf. subsection 11 in this agreement.

  1. Buyer’s Rights in Cases of Defect

If the product has a defect and this is not caused by the buyer or conditions on the buyer’s end, the buyer may under the provisions in the Consumer Sales Act, Chapter 6, depending on the circumstances, retain the purchase amount, choose between rectification and replacement delivery; demand a discount; demand rescission of the agreement; and claim damages from the seller.

Rectification or replacement delivery: If the product has a defect, the buyer may demand that the seller rectify the defect or replace the product with an equivalent product. The seller may oppose the buyer’s demand if the demand is impossible to execute or carries unreasonable costs for the seller.

The seller must rectify or replace the product within a reasonable period of time. Rectification or replacement delivery must be done free of charge to the buyer, without risk to the buyer that his or her expenses may not be covered, and without significant inconvenience to the buyer. The seller may not make more than two attempts at rectification or replacement delivery for the same defect, unless there are special reasons that make further attempts reasonable.

If the buyer demands neither rectification nor replacement delivery, the seller may still offer rectification or replacement delivery if this is executed without delay. If the seller arranges such rectification or replacement delivery, the buyer may not demand a price discount or rescission.

Price discount: If the defect is not rectified or replaced, the buyer may demand a proportionate price discount.

Rescission: Instead of a price discount, the buyer may rescind the agreement, except when the defect is insignificant.

Compensation: The buyer may also demand compensation for economical losses he or she suffers as a result of the product’s defect, cf. the Consumer Sales Act § 33.

The buyer must notify the seller when filing a complaint cf. subsection 11 of this agreement. The regulations regarding complaints apply in addition to, and independent of, the regulations regarding cancellation right and any warranties made by the seller.

  1. Seller’s Rights in Cases of Buyer’s Non-payment

If the buyer does not pay or does not fulfil other obligations under the agreement, and this is not caused by the seller or conditions on the seller’s end, the seller may under the provisions in the Consumer Sales Act, chapter 9, depending on the circumstances, retain the product; demand fulfilment of the agreement; demand rescission of the agreement; and compensation from the buyer. The seller may also, depending on the circumstances, demand interest for delayed payment, collection fees and fees for non-prepaid, unclaimed products.

Fulfilment: If the buyer does not pay, the seller may uphold the purchase and demand that the buyer pay the purchase amount (fulfilment). If the product is not delivered, the seller forfeits his or her right if he or she delays making the claim for an unreasonable length of time.

Rescission: In case of significant non-payment or other significant breach of agreement by the buyer, the seller may rescind the agreement. The seller may not, however, rescind after the purchase amount has been paid.

The seller may also rescind the sale if the buyer does not pay within a reasonable, added time limit, which the seller has set. The seller may not, however, rescind before the added time limit has expired, unless the buyer has stated that he or she will not pay.

Compensation: The seller may only claim compensation from the buyer for economic losses he or she suffers as a result of buyer’s breach of agreement cf. the Consumer Sales Act § 46.

Interest on delayed payment / collection fee: If the buyer does not pay the purchase amount according to the agreement, the seller may claim interest on the purchase amount under the Interest on Overdue Payments Act.(9) In the case of a missing payment, the claim, following prior notification, may be sent for collection, and the buyer may be held responsible for fees under the Act on Debt Collection and Other Recovery of Overdue Pecuniary Claims.(10)

Fees for unclaimed, non-prepaid products: If the buyer fails to claim unpaid products, the seller may charge the buyer with a fee of NOK + shipping both ways. The fee must cover no more than the seller’s actual expenses in delivering the product to the buyer. Such a fee may not be charged to buyers under the age of 18. (11)

  1. Warranty

A warranty given by the seller or the manufacturer grants the buyer rights in addition to the rights the buyer already has under absolute law. Therefore, a warranty does not imply any limitations to the buyer’s right to file complaints for delays or defects according to subsections 12 and 13.

  1. Personal Information (12)

Unless the buyer agrees otherwise, the seller may only collect and store the personal information that is necessary for the seller to execute his or her obligations in accordance with the agreement. Personal information of buyers under the age of 15 may not be collected unless the seller has consent from a parent or guardian. The buyer’s personal information may only be disclosed to others if it is necessary for the seller to fulfil the agreement with the buyer, or in order to comply with the law.

The seller may only collect the buyer’s personal identification number if there is an objective need for reliable identification and such collection is necessary.

If the seller wants to use the buyer’s personal information for other purposes, such as sending advertising material or information beyond what is necessary to fulfil the agreement, the seller must obtain the buyer’s consent at the entering of the agreement. The seller must give the buyer information on what the personal information will be used for and who will use the personal information. The buyer’s consent must be voluntary and given by performing an action, such as checking a box.

There must be a convenient method in place for the buyer to contact the seller, for instance by telephone or email, in case he or she has questions about the seller’s use of personal information or if he or she wishes the seller to delete or change their personal information.

  1. Conflict Resolution

The parties must try to solve any conflicts amicably. The buyer may contact the Consumer Council of Norway for assistance in any conflict with the seller. If an amicable solution is not reached after arbitration in the Consumer Council, the parties may petition in writing for the Consumer Council to bring the case before the Consumer Dispute Commission. 13 Decisions by the Consumer Dispute Commission are legally binding for four weeks after pronouncement. Before the decision is legally binding, the parties may, by filing a writ of summons with the Consumer Dispute Commission, bring the decision before the District Court.

  1. Source List
  2. See law of June 19, 1969, no. 66 regarding value-added tax § 16.
  3. A credit card is a payment card where the settlement for the purchase occurs after the purchase by the credit provider (the credit card company) sending the cardholder an invoice for the payment.
  4. A debit card is a payment card linked to a deposit account. Use of the card charges the user’s account and the amount is transferred to the payee’s account.
  5. Cf. the model agreement developed by the joint contract commission for the Norwegian Savings Banks’ Association and the Norwegian Financial Services Association – Terms of Agreement for credit cards and charge cards – consumer relationships subsection 12 and model conditions developed by The Norwegian Savings Banks’ Association and the Norwegian Financial Services Association regarding payment cards subsection 11.
  6. Law of June 21, 1985, no. 82 regarding credit purchases etc.
  7. Persons under the age of 18 may only pay using the above methods since they may not incur debts cf. law of April 22, 1927 regarding guardianship of minors (vgml.) § 2.
  8. Law of December 21, 2000 no. 105 regarding information requirement and statutory cancellation right etc. for distance sales and sales away from business premises (the Consumer Purchases Cancellation Act).
  9. Law of December 17, 1976 no. 100 regarding interest on overdue payment.
  10. Law of May 13, 1988 no. 26 regarding collection activities and other recovery of overdue pecuniary claims.
  11. See law of April 14, 2000 no. 31 regarding the processing of personal information.