Terms of service
Terms and Conditions
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The Agreement
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The Parties
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Prices
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Conclusion of the Agreement
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Order Confirmation
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Payment
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Delivery, etc.
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Risk for the Goods
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Right of Withdrawal
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Duty to Inspect
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Complaints in the Event of Defect and Deadline for Notifying Claims in the Event of Delay
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Buyer’s Rights in the Event of Delay
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Buyer’s Rights in the Event of Defect
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Seller’s Rights in the Event of Buyer’s Breach
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Warranty
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Personal Data
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Dispute Resolution
INTRODUCTION:
This purchase is governed by the standard terms and conditions below for consumer purchases of goods over the Internet. A consumer purchase here refers to the sale of goods to a consumer who is not primarily acting as part of a business activity, and where the seller conducts business activity involving the sale of goods over the Internet. The contract is prepared and recommended for use by the Consumer Authority (Forbrukerombudet).
Consumer purchases over the Internet are mainly regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Withdrawal Act, and the E-Commerce Act, and these laws grant consumers non-derogable rights. The terms of this contract are not intended to limit any statutory rights, but set out the key rights and obligations of the parties to the transaction. The seller may choose to offer the buyer terms more favorable than those stated in these terms and conditions.
In cases where the contract does not directly provide a solution to an issue, the contract must be supplemented by the relevant statutory provisions.
1. THE AGREEMENT
The agreement between the buyer and the seller consists of the information provided by the seller about the purchase in the online store’s ordering solution (including, among other things, information about the nature, quantity, quality, and other characteristics of the goods, the price, and delivery terms), any direct correspondence between the parties (for example, email), and these terms and conditions.
In the event of a conflict between the information provided by the seller about the purchase in the ordering solution, direct correspondence between the parties, and the terms of these conditions, the direct correspondence and the information given in the ordering solution shall take precedence over the terms and conditions, provided this does not contravene mandatory legislation.
2. THE PARTIES
Seller
Company name: L A Larsen AS
Contact address: Svegeskogen 21, 4400 Flekkefjord
Email: info@larsen.no
Organization no.: 938 149 771
The buyer is the person who places the order.
3. PRICES
Information on the total costs the buyer must pay, including all charges (VAT, customs duties, and the like) and delivery costs (shipping, postage, invoicing fees, packaging, etc.), as well as a specification of the individual elements of the total price, is provided in the ordering solution before the order is placed. (Deliveries to Svalbard or Jan Mayen must be sold without VAT; please contact us before ordering.)
4. CONCLUSION OF THE AGREEMENT
The agreement is binding on both parties when the seller has received the buyer’s order.
However, a party is not bound by the agreement if a typographical or input error has occurred in the seller’s offer in the online ordering solution or in the buyer’s order, and the other party realized or should have realized that such an error existed.
5. ORDER CONFIRMATION
When the seller has received the buyer’s order, the seller shall, without undue delay, confirm the order by sending an order confirmation to the buyer.
The buyer is advised to check that the order confirmation corresponds with the order with respect to quantity, product type, price, etc. If there is any discrepancy between the order and the confirmation, the buyer should contact the seller as soon as possible.
6. PAYMENT
The seller may demand payment for the goods from the time they are dispatched by the seller to the buyer.
If the buyer uses a credit or debit card for payment, the seller may reserve the purchase amount on the card upon ordering for up to 4 days from the order date.
In the case of payment by credit card, the Credit Purchase Act will apply.
If the seller offers post-invoicing, the invoice shall be issued to the buyer upon dispatch of the goods. The due date shall be set to at least 14 days from the date the buyer receives the shipment.
If the seller has a particular need to demand advance payment from the buyer, for example in the case of made-to-order purchases, the seller may require this.
Buyers under the age of 18 may pay only upon delivery by the seller or via cash-on-delivery at the point of pickup.
7. DELIVERY, ETC.
Delivery of the goods from the seller to the buyer shall take place in the manner, at the place, and at the time stated in the online store’s ordering solution.
If the delivery time is not stated in the ordering solution, the seller shall deliver the goods to the buyer within a reasonable time and no later than 30 days after the customer’s order. If the seller is responsible for sending the goods to the buyer, the seller must have the goods transported to the place of destination in a suitable manner and on the usual terms for such transport. The place of destination is the buyer’s address unless otherwise expressly agreed by the parties.
8. RISK FOR THE GOODS
The risk for the goods passes to the buyer when the goods are taken over by the buyer pursuant to the agreement. If the delivery time has arrived and the buyer fails to take over goods that have been made available to him or her under the agreement, the buyer nevertheless bears the risk of loss or damage due to the goods’ own characteristics.
9. RIGHT OF WITHDRAWAL
The buyer may cancel the purchase in accordance with the provisions of the Right of Withdrawal Act. The right of withdrawal means that the buyer may return the goods to the seller without giving any reason, even if there is no defect and even if the goods have been delivered.
The buyer must notify the seller of the use of the right of withdrawal within 14 days after the goods, the prescribed information about the right of withdrawal, and the withdrawal form have been received. If the buyer receives the withdrawal form and the necessary information at a later time than delivery of the goods, the withdrawal period begins when the buyer receives the form and information. If the buyer has not received sufficient information or the withdrawal form, the withdrawal period will nevertheless expire 3 months after receipt of the goods. If the buyer has not received information about the right of withdrawal at all, the period is 1 year.
For evidentiary purposes, the buyer’s notice to the seller about using the right of withdrawal should be in writing (withdrawal form, email, fax, or letter), and must contain information on how the buyer will return the goods to the seller.
When exercising the right of withdrawal, the goods must be returned to the seller within a reasonable time. The seller is obliged to refund the entire purchase price to the buyer within 14 days from the day the seller receives the goods or a collection slip, or the goods are otherwise placed at the seller’s disposal. The seller may not charge fees for the buyer’s use of the right of withdrawal, but may require the buyer to pay the cost of return shipping.
The buyer may examine the product before withdrawing from the purchase. However, the goods must be returnable to the seller in approximately the same condition and quantity as when the buyer received them. The buyer should return the goods in the original packaging if possible.
The buyer cannot withdraw from the purchase of goods that deteriorate rapidly, goods that by their nature cannot be returned, or audio and video recordings (including CDs, DVDs) or computer software where the seal has been broken. The latter exception applies only if the seller has clearly and conspicuously informed about the conditions for the loss of the right of withdrawal on the seal.
10. DUTY TO INSPECT THE GOODS
When the buyer receives the goods, it is recommended that he or she, within a reasonable scope, check whether they conform to the order, whether they have been damaged during transport, or whether they otherwise have defects.
If the goods do not conform to the order or have defects, the buyer must notify the seller by lodging a complaint pursuant to section 11 of this contract.
11. COMPLAINTS IN THE EVENT OF DEFECT AND DEADLINE FOR NOTIFYING CLAIMS IN THE EVENT OF DELAY
If there is a defect in the goods, the buyer must, within a reasonable time after discovering it, notify the seller that he or she intends to invoke the defect. The period can never be shorter than two months from the time the consumer discovered the defect. Nevertheless, the complaint must 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 substantially longer, the complaint period is five years.
In the event of delay, claims must be directed to the seller within a reasonable time after the delivery time has arrived and the goods have not been delivered.
If the goods were paid for by credit card, the buyer may also choose to complain and send the claim directly to the credit provider (the credit card company).
The notice to the seller or the credit provider should be in writing (email, fax, or letter).
12. BUYER’S RIGHTS IN THE EVENT OF DELAY
If the seller does not deliver the goods or delivers them late according to the agreement between the parties, and this is not due to the buyer or circumstances on the buyer’s side, the buyer may, pursuant to Chapter 5 of the Consumer Purchases Act, as the case may be, withhold payment, demand performance, terminate the agreement, and claim damages from the seller.
Performance: If the seller does not deliver the goods at the agreed time of delivery, the buyer may uphold the purchase and set a reasonable additional deadline for performance by the seller. However, the buyer may not demand performance if there is an obstacle the seller cannot overcome or if performance would entail such a great inconvenience or cost to the seller that it would be disproportionate to the buyer’s interest in performance. If the difficulties cease within a reasonable time, the consumer may demand performance.
Termination: The buyer may terminate the agreement with the seller if the delay is substantial, or if the seller does not deliver the goods within the additional deadline for performance set by the buyer. However, the buyer cannot terminate the agreement while the additional deadline is running, unless the seller has stated that he or she will not perform within the deadline.
Damages: The buyer may further claim compensation for losses suffered as a result of the delay on the seller’s part, cf. section 24 of the Consumer Purchases Act.
The buyer must notify the seller of any claim by lodging a complaint pursuant to section 11 of this contract.
13. BUYER’S RIGHTS IN THE EVENT OF DEFECT
If the goods have a defect and this is not due to the buyer or circumstances on the buyer’s side, the buyer may, pursuant to Chapter 6 of the Consumer Purchases Act, as the case may be, withhold payment, choose between repair and replacement, demand a price reduction, terminate the agreement, and claim damages from the seller.
Repair or replacement: If the goods have a defect, the buyer may demand that the seller rectify the defect or deliver replacement goods. The seller may oppose the buyer’s demand if fulfilling it is impossible or would cause the seller unreasonable costs.
The seller shall carry out the repair or replacement within a reasonable time. Repair or replacement shall be carried out at no cost to the buyer, without risk that the buyer will not have expenses covered, and without significant inconvenience to the buyer. The seller may not make more than two attempts at repair or replacement for the same defect, unless special reasons make further attempts reasonable.
Even if the buyer neither demands repair nor replacement, the seller may offer repair or replacement if this is done without delay. If the seller provides such repair or replacement, the buyer may not demand a price reduction or termination.
Price reduction: If the defect is not remedied or replacement is not made, the buyer may demand a proportional price reduction.
Termination: Instead of a price reduction, the buyer may terminate the agreement, except where the defect is minor.
Damages: The buyer may also claim compensation for financial loss suffered due to the defect, cf. section 33 of the Consumer Purchases Act.
The buyer must notify the seller of any claim by lodging a complaint pursuant to section 11 of this contract.
The rules on complaints apply in addition to, and independently of, the rules on the right of withdrawal and any warranties provided by the seller.
14. SELLER’S RIGHTS IN THE EVENT OF BUYER’S BREACH
If the buyer does not pay or fulfill the other obligations under the agreement, and this is not due to the seller or circumstances on the seller’s side, the seller may, pursuant to Chapter 9 of the Consumer Purchases Act, as the case may be, withhold the goods, demand performance of the agreement, terminate the agreement, and claim damages from the buyer. The seller may also, where applicable, claim interest for late payment, collection fees, and fees for non-prepaid uncollected goods.
Performance: If the buyer does not pay, the seller may uphold the purchase and demand that the buyer pay the purchase price (performance). If the goods have not been delivered, the seller loses this right if he waits unreasonably long to assert the claim.
Termination: In the event of material default in payment or other material breach by the buyer, the seller may terminate the agreement. However, the seller cannot terminate after the purchase price has been paid.
The seller may also terminate the purchase if the buyer does not pay within a reasonable additional deadline for performance set by the seller. However, the seller cannot terminate while the additional deadline is running, unless the buyer has stated that he or she will not pay.
Damages: The seller may claim compensation from the buyer for financial loss suffered as a result of the buyer’s breach, cf. section 46 of the Consumer Purchases Act.
Interest for late payment/collection fees: If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price pursuant to the Act on Interest on Overdue Payments. In the event of non-payment, the claim may, after prior notice, be sent to collection, and the buyer may then be held liable for fees pursuant to the Debt Collection Act and other rules on the recovery of overdue monetary claims.
Uncollected packages will be charged a fee of NOK 200 + round-trip shipping on the applicable order, to cover our costs.
15. WARRANTY
Any warranty given by the seller or the manufacturer grants the buyer rights in addition to the rights the buyer already has under mandatory legislation. A warranty therefore does not limit the buyer’s right to complain or make claims in the event of delay or defects under sections 12 and 13.
16. PERSONAL DATA
Unless the buyer consents otherwise, the seller may only collect and store the personal data necessary for the seller to fulfill the obligations under the agreement. Personal data of buyers under the age of 15 cannot be collected unless the seller has consent from a parent or guardian. The buyer’s personal data shall only be disclosed to others if necessary for the seller to perform the agreement with the buyer, or in cases required by law.
The seller may only collect the buyer’s national identity number if there is an objective need for secure identification and such collection is necessary.
If the seller wishes to use the buyer’s personal data for other purposes—for example, to send the buyer advertising or information beyond what is necessary to perform the agreement—the seller must obtain the buyer’s consent at the time of contracting. The seller must inform the buyer about what the personal data will be used for and who will use it. The buyer’s consent must be voluntary and given by an active action, for example by ticking a box.
The buyer must be able to easily contact the seller, for example by telephone or email, if he or she has questions about the seller’s use of personal data or wishes the seller to delete or amend the personal data.
17. DISPUTE RESOLUTION
The parties shall attempt to resolve any disputes amicably. The buyer may contact the Norwegian Consumer Council (Forbrukerrådet) for assistance in any dispute with the seller. If an amicable solution is not achieved after mediation by the Consumer Council, the parties may submit a written request for the Consumer Council to refer the dispute to the Consumer Disputes Committee (Forbrukertvistutvalget). Decisions of the Consumer Disputes Committee become final four weeks after service. Before the decision becomes final, the parties may, by submitting a writ to the Consumer Disputes Committee, bring the decision before the district court.