Introduction
This purchase is governed by the below standard sales conditions for consumer purchases of goods over the Internet. Consumer purchases over the internet are mainly regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Cancellation Act and the E-commerce Act, and these laws give the consumer inalienable rights. The laws are available at www.lovdata.no. The terms of this agreement are not to be understood as any limitation of the statutory rights, but set out the parties’ most important rights and obligations for the trade. The terms and conditions of sale have been prepared and recommended by the Norwegian Consumer Protection Authority. For a better understanding of these sales conditions, see the Norwegian Consumer Protection Authority’s guide here.
1. The Agreement
The agreement consists of these terms and conditions of sale, information provided in the ordering solution and any separately agreed terms. In the event of any conflict between the information, what is separately agreed between the parties takes precedence, as long as it does not conflict with mandatory legislation. The agreement will also be supplemented by relevant legal provisions that regulate the purchase of goods between traders and consumers.
2. The parties
The seller is KYS Norway AS, Litleåsveien 13, 5132 Nyborg, [email protected], +47 46 70 00 77, Organization no.: 933 222 365, and is hereinafter referred to as the seller/seller.
Buyer is the consumer who makes the order, and is referred to below as the buyer/purchaser.
3. Price
The stated price for the goods and services is the total price the buyer must pay. This price includes all taxes and additional costs. Additional costs that the seller has not informed about before the purchase shall not be borne by the buyer.
4. Conclusion of agreement
The agreement is binding for both parties when the buyer has sent his order to the seller.
The agreement is nevertheless not binding if there has been a writing or typing error 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 there was such an error.
5. The payment
The seller can demand payment for the item from the time it is sent from the seller to the buyer.
If the buyer uses a credit or debit card for payment, the seller can reserve the purchase price on the card when ordering. The card is charged on the same day the item is sent. When paying by invoice, the invoice is issued to the buyer when the goods are dispatched. The payment deadline appears on the invoice and is a minimum of 14 days from receipt.
Buyers under the age of 18 cannot pay with a subsequent invoice.
6. Delivery
Delivery has taken place when the buyer, or his representative, has taken over the thing. If no delivery time is stated in the order solution, the seller must deliver the goods to the buyer without undue delay and no later than 30 days after the order from the customer. The goods must be delivered to the buyer unless otherwise separately agreed between the parties.
7. The risk of the goods
The risk for the goods passes to the buyer when he, or the buyer’s representative, has had the goods delivered in accordance with point 6.
8. Right of withdrawal
Unless the agreement is exempt from the right of cancellation, the buyer can cancel the purchase of the goods in accordance with the Right of Cancellation Act.
The buyer must notify the seller of using the right of withdrawal within 14 days of the deadline starting to run. The deadline includes all calendar days. If the deadline ends on a Saturday, holiday or bank holiday, the deadline is extended to the nearest working day. The withdrawal period is deemed to have been met if notification is sent before the end of the period. The buyer has the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be made in writing (right of withdrawal form, e-mail or letter).
The cancellation period starts to run:
When purchasing individual items, the cancellation period will run from the day after the item(s) have been 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 several deliveries, the cancellation period will run from the day after the last delivery has been received.
The withdrawal period is extended to 12 months after the end of the original period if the seller does not inform the seller before the conclusion of the agreement that there is a right of withdrawal and a standardized withdrawal form. The same applies in the event of a lack of information on terms, deadlines and procedures for exercising the right of withdrawal. If the trader makes sure to provide the information during these 12 months, the cancellation period still expires 14 days after the day the buyer received the information. When using 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 being given. The buyer covers the direct costs of returning the item, unless otherwise agreed or the seller has failed to state that the buyer must cover the return costs. The seller cannot set a fee for the buyer’s use of the right of withdrawal.
The buyer can try or test the goods in a proper way to determine the nature, properties and function of the goods, without the right of withdrawal being lost. If testing or testing of the product goes beyond what is reasonable and necessary.