TERMS & CONDITIONS
Standard Sales Conditions for Consumer Purchases of Goods over the Internet
Norway: All prices are in NOK, included 25% mva.
Sweden: All prices are in SEK, included 25% VAT and taxes
Denmark: All prices are in DKK, included 25% VAT and taxes
EU countries: All prices are in EURO, included 25% VAT and taxes
Rest of the world: Prices are in EURO. VAT and taxes are not included.
Shipping cost per order NOK/SEK/DKK 95,- (EURO 10). Free delivery for orders over NOK/SEK/DKK 2000,- (EURO 220)
This purchase is regulated 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 man- datory 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 Ombuds- man. For a better understanding of these Sales Conditions, see the Consumer Ombudsman’s guide- lines at http://forbrukerombudet.no/asset/5332/ 1/5332_1.pdf
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 pur- chase of goods between traders and consumers.
The seller is KO&KO AS, Pb 81, 6099 Fosnavag, NORWAY, firstname.lastname@example.org, NO 996695530 / SE 502078283401, 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.
Conclusion of contract
The contract is binding for both parties as soon as the Purchaser has sent the order to the Seller.
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 of the online shop or in the Purchaser’s order, and the other party realised or should have realised that such an error was present.
PayPal. The Purchasers must not be under the age of 18.
Orders are normally sent within 2-3 days, and latest within10 days. Delivery has occurred once the Purchaser or his/ her representative has taken possession of the item.
Product risk is assumed by the Purchaser as soon as the item is taken over by the Purchaser or his/ her representative in accordance with Section 6.
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.
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 cancellation period begins as follows:
- In the purchase of individual goods, the cancellation period will begin on the day after the goods are received.
When the right to cancel is exercised, the good must be returned to the Seller within a reasonable amount of time and no later than 14 days after receiving the goods. The Purchaser must cover the direct costs associated with returning the goods.
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.
The Seller is obligated to pay back the purchase sum to the Purchaser without undue delay, and no later than 14 days after the Seller received the goods. The Seller has the right to retain the repayment until it has received the goods from the Purchaser.
Return adress: KO&KO AS, pb 81, 6099 FOSNAVAG, NORWAY.
The customer pays the return cost.
Delays and non-delivery: the Purchaser’s rights and time limit to make a claim
If the Seller does not deliver the goods 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 Consumer Purchases Act, withhold the purchase sum, demand performance of the contract, terminate the contract and. For demands of remedy for breach of contract, notice should be given in writing for the purposes of documentation (e.g. by email).
The Purchaser may affirm the purchase and demand performance from the Seller. The Purchaser may not however 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.
The Purchaser loses his/her right to demand performance if he/she waits an unreasonably long time to make the claim.
If the Seller does not deliver the good 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 good 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 good. 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.
Defective goods: the Purchaser’s rights and time limit to give notice
If the good is defective, the Purchaser must notify the Seller that he/she wishes to invoke the defect within a reasonable amount of time after the defect was discovered or should have been discovered.
Notice should be given to the Seller in writing. (E-mail: email@example.com)
Repair or replacement
The Purchaser may choose between having the defect repaired or the delivery of 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 Purchaser may demand a suitable price reduction if the goods is 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.
If the item is not repaired or replaced, the Purchaser may also cancel the purchase in cases where the defect is not immaterial.
Seller’s rights in case of Purchaser’s breach of contract
If the Purchaser does not pay or otherwise fulfil his/her 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 accor- dance with the rules in the Consumer Purchases Act, withhold the good, 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.
If the Purchaser does not pay, the Seller may affirm the purchase and demand that the Purchaser pay the purchase sum.
Upon significant non-payment 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 items
The fee corresponding to the actual cost of the return fee, shipping fee and handling, a total of
min. 25 euro.
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 con- tract. 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.
Claims must be directed to the Seller within a reasonable time frame. E-mail: firstname.lastname@example.org