Terms of sale

Standard terms of sale for consumer purchase of goods over the Internet.

This purchase is regulated in Norway by the Standard Sales Conditions for Consumer Purchases of Goods over the Internet, given below. Consumer purchases via the Internet are regulated primarily by the Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Cancellation Act and the E-Commerce Act, and these laws provide consumers with mandatory rights. These laws are available (in Norwegian) at www.lovdata.no. The terms of the contract are not to be understood as a limitation on legal rights, but present the parties’ most important rights and duties in regard to the purchase.

The Sales Conditions have been created and are recommended by the Norwegian Consumer Authority. For a better understanding of these Sales Conditions, see the Consumer Authority’s guidelines.

Definitions

Goods:.......... Item(s) or service(s) delivered by the Seller

Purchaser:.. The customer placing the contract

Seller:........... Rimfjord AS

Contents:

1. Contract
2. Parties
3. Price
4. Conclusion of Contract
5. Payment
6. Delivery
7. Product risk
8. Right to cancel

9. Delays and non-delivery: the Purchaser’s rights and time limit to make a claim

10. Defective goods: the Purchaser’s rights and time limit to give notice

11. Seller’s rights in case of Purchaser’s breach of contract

12. Warranties
13. Personal data

14. Conflict resolution

1. Contract

The contract consists of these Sales Conditions, information given in the ordering solution, and any specially agreed conditions. In the event of a conflict between pieces of information, precedence goes to what has been specially agreed between the parties, as long as this does not conflict with mandatory legislation.

In addition, the contract will be complemented by relevant statutory provisions that regulate the purchase of goods between traders and consumers.

2. Parties

The seller is Rimfjord AS, contact@rimfjord.no, Org.nr 935445051, and is designated in the following as the Seller. The purchaser is the consumer who places the order, and is designated in the following as the Purchaser.

3. Price

Domestic orders limited to Norway: The stated price for the Goods is the total price to be paid by the Purchaser. This price includes all taxes and additional costs, unless explicitly stated. The Purchaser shall not be charged for any further costs of which the Seller has not informed the Purchaser before the purchase.

International orders outside Norway: The stated price is the total cost exclusive Value Added Tax (VAT) for the Goods. The stated price shall be made clear to the Purchaser prior to purchase and included on all customs- and export documentation. Costs related to import to the Purchaser’s destination country (such as, but not limited to, tolls, destination country VAT and import handling fees, are not included in the stated price.

4. Conclusion of Contract

The Contract is binding for both parties as soon as the Seller has sent the Goods to the Purchaser. However, a party is not bound by the contract if there are orthographical or typological errors in the offer from the Seller in the ordering solution or in the Purchaser’s order, and the other party realised or should have realised that such an error was present.

5. Payment

The Seller may charge the Purchaser for the Goods from the time it is sent from the Seller to the Purchaser.

The Goods are sent/made available to the Purchaser when the invoice is paid by the Purchaser, and the payment is received by the Seller.

For specialized orders, including customization of design or products to meet the Purchaser’s requests, the Seller can demand an advance payment of parts or the whole price before it is sent from the Seller to Purchaser or when the Seller starts the work. This shall be done in agreement with the Purchaser.

6. Delivery

Delivery has occurred once the Purchaser or their representative has taken possession of the Goods.

If the delivery time is not stated in the ordering solution, the Seller shall deliver the Goods to the Purchaser within a reasonable time frame. For international orders, this time frame is destination country dependent and handled on a case-by-case basis. Delivery schedule of customized orders shall be agreed with the Purchaser.

The Goods shall be delivered to the Purchaser unless other, special arrangements are made between the parties.

7. Product risk

Product risk is assumed by the Purchaser as soon as the Goods are taken over by the Purchaser or their representative in accordance with Section 6.

8. Right to cancel

Unless the contract is exempt from the right to cancel, the Purchaser may cancel the order in accordance with the Cancellation Act. Goods created as a customized or one-off item for Purchaser is exempt from the right to cancel.

The Purchaser must inform the Seller that he/she will exercise this right within 14 days after the start of the cancellation period. This time limit includes all calendar days. If the period ends on a Saturday, Sunday or public holiday, the period will be extended until the next business day.
The deadline to exercise one’s right to cancel will be seen as met if notice is sent before the end of the cancellation period. The Purchaser has the burden of proof for demonstrating that the right has been asserted, and notice must therefore be submitted in writing (via the cancellation form, email or letter).

The cancellation period begins as follows:
• In the purchase of individual Goods (e.g. one delivery), the cancellation period will begin on the day after the Goods are received.
• If the purchase consists of several deliveries, the period will begin on the day after the final delivery is received.
• If a subscription is being sold, or the contract contains the regular delivery of identical Goods, the period begins on the day after the first shipment is received.

The cancellation period will be extended to 12 months after the end of the original period should the Seller not inform the Purchaser of the right to cancel and the standard cancellation form before the conclusion of the contract. This will also apply if information on terms and conditions, time limits and procedures for exercising the right to cancel is insufficient.  However, if the Seller gives this information during these 12 months, the cancellation period ends 14 days after the day the Purchaser received the information.

When the right to cancel is exercised, the good must be returned to the Seller within a reasonable amount of time. For domestic orders this is no later than 14 days after notice has been given on the intention to exercise the right. For international orders a proof of return shipping with tracking information must be provided no later than 14 days, as international shipments may take more than 14 days to arrive.

The Purchaser shall cover the direct costs associated with returning the Goods, unless otherwise agreed or the Seller has not informed the Purchaser that they have to cover the return costs. The Seller may not set fees for the Purchaser’s use of the right to cancel.

The Purchaser may check or test the Goods in an appropriate manner in order to determine the nature, properties and function of the Goods without affecting the right to cancel. If the checking or testing goes beyond what is reasonable and necessary, the Purchaser may be responsible for any reduction in the good’s original value. Some Goods may have the right to cancel voided if they are tested, this information shall be clearly stated by the Seller for relevant Goods.

The Seller is obligated to pay back the purchase sum to the Purchaser without undue delay, and no later than 14 days for domestic orders in Norway after the Seller received notice on the Purchaser’s decision to exercise the right to cancel. The Seller has the right to retain the repayment until it has received the Goods from the Purchaser, or until the Purchaser has documented that the Goods have been sent back.

9. Delays and non-delivery: the Purchaser’s rights and time limit to make a claim

If the Seller does not deliver the good or delivers it late according to the terms of the parties’ contract, and this is not due to the Purchaser or to conditions on the part of the Purchaser, the Purchaser may, in accordance with Chapter 5 of the Consumer Purchases Act, withhold the purchase sum, demand performance of the contract, terminate the contract and/or demand compensation from the Seller, according to the relevant circumstances.

For demands of remedy for breach of contract, notice should be given in writing for the purposes of documentation (e.g. by email).

Performance

The Purchaser may affirm the purchase and demand performance from the Seller. However, the Purchaser may not demand performance if there is a barrier to performance the Seller cannot overcome, or if performance would cause a great disadvantage or expense to the Seller that is out of proportion to the Purchaser’s interest in the performance. Should these obstacles be removed within a reasonable amount of time, the Purchaser may demand performance.

The Purchaser loses their right to demand performance if they wait an unreasonably long time to make the claim.

Termination

If the Seller does not deliver the Goods at the time set for delivery, the Purchaser shall call on the Seller to deliver within a reasonable additional time frame for performance. If the Seller does not deliver the Goods within the additional time frame, the Purchaser may cancel the purchase.

The Purchaser may however cancel the purchase immediately if the Seller refuses to deliver the Goods. This also applies to cases in which delivery at the agreed time was a decisive factor in the conclusion of the contract, or if the Purchaser has informed the Seller that the delivery time is a decisive factor.

If the item is delivered after the additional time frame set by the consumer or after the delivery time that was a decisive factor in the conclusion of the contract, termination must be asserted within a reasonable time frame after the Purchaser was informed of the delivery.

Compensation

The Purchaser may demand compensation for losses incurred as a result of the delay. This does not apply to cases in which the Seller can assert that the delay was due to obstacles outside the Seller’s control that could not have reasonably been foreseen at the time the contract was concluded, could not have been avoided or the consequences of which could not have been overcome.

10. Defective goods: the Purchaser’s rights and time limit to give notice

If the Goods are defective, the Purchaser must notify the Seller that they wish to invoke the defect within a reasonable amount of time after the defect was discovered or should have been discovered. The Purchaser is always considered to have given timely notice if it occurs within two months after the defect was discovered or should have been discovered. Notice may be given no later than two years after the Purchaser took possession of the Goods. If the Goods or parts of it are meant to last considerably longer than two years, this deadline is extended to five years. Damages as a result of expected wear- and tear, wrongful use or abuse of the Goods by Purchaser is not considered a defect of the Goods.

If the Goods has a defect and this is not due to the Purchaser or to conditions on the part of the Purchaser, the Purchaser may, in accordance with Chapter 6 of the Consumer Purchases Act, withhold the purchase sum, choose between repair and replacement, demand a price reduction, demand that contract be terminated and/or demand compensation from the Seller, according to the relevant circumstances.

Notice shall be given to the Seller in writing.

Repair or replacement

The Purchaser may choose between having the defect repaired or replaced with an equivalent item. The Seller may however oppose the Purchaser’s claim if carrying out the claim is impossible or causes the Seller to incur unreasonable expenses. Repair or replacement shall be performed within a reasonable amount of time. The Seller does not as a rule have the right to more than two attempts to cure for the same defect.

Price reduction

The Purchaser may demand a suitable price reduction if the Goods are not repaired or replaced. This means that that relation between the reduced and originally agreed price corresponds to the relation between the item’s value in defective condition and the condition according to the original contract. If special circumstances call for it, the price reduction may instead correspond to the defect’s impact on the Purchaser.

Termination

If the Goods is not repaired or replaced, the Purchaser may also cancel the purchase in cases where the defect is significant.

11. Seller’s rights in case of Purchaser’s breach of contract

If the Purchaser does not pay or otherwise fulfil their duties according to the contract and/or the law, and this is not due to the Seller or to conditions on the part of the Seller, the Seller may, in accordance with the rules in Chapter 9 of the Consumer Purchases Act, withhold the Goods, demand performance of the contract, terminate the contract and demand compensation from the Purchaser, according to the relevant circumstances. The Seller may also, according to the relevant circumstances, charge interest for late payment, a collection fee and a reasonable fee for uncollected goods.

Fulfillment

If the Purchaser does not pay, the Seller may affirm the purchase and demand that the Purchaser pay the purchase sum. If the Goods are not delivered, the Seller will lose its right if it takes an unreasonably long time to make the claim.

Termination

Upon significant nonpayment breach or any other significant breach by the Purchaser, the Seller may terminate the contract. However, the Seller may not terminate the contract after the purchase sum has been paid. The Seller may also terminate the purchase if the Purchaser does not pay within a reasonable additional time frame for fulfilment set by the Seller.

Interest relating to late payment/collection fee

If the Purchaser does not pay the purchase sum specified in the contract, the Seller may charge interest on the purchase sum according to the Act Relating to Interest on Overdue Payments. In cases where payment is not made, the debt may be sent for collection after a warning has been issued, and the Purchaser may then be held responsible for fees according to the Act relating to Debt Collection and Other Debt Recovery.

Fees for uncollected, non-prepaid items

If the Purchaser fails to collect unpaid goods, the Seller may charge the Purchaser a fee. The fee shall at maximum cover the Seller’s actual expenses for delivering the Goods to the Purchaser. Purchasers under 18 years of age cannot be charged this fee.

12. Warranties

Warranties given by the Seller or manufacturer give the Purchaser additional rights beyond those mandatory rights they have by mandatory law. Thus, a warranty does not imply any limitation on the Purchaser’s right to give notice or make claims in case of delay or defect according to Sections 9 and 10.

13. Personal data

The Seller is the party responsible for handling collected personal data. Unless the Purchaser consents otherwise, the Seller may only obtain and store whatever personal data is necessary for the Seller to complete its duties according to the contract. The Purchaser’s personal data shall only be given to others if this is necessary for the Seller to fulfil the contract with the Purchaser, or in cases where this is required by law.

14. Conflict resolution

Claims must be directed to the Seller within a reasonable time frame in accordance with Sections 9 and 10. The parties shall attempt to resolve any disputes out of court. If this is not successful, the Purchaser may contact the Consumer Authority for mediation. The Consumer Authority can be reached on (+47) 23 400 600 or at www.forbrukerradet.no.