Conditions
Standard Terms and Conditions for Consumer Purchases of Goods over the Internet
Table of Contents
Introduction
- The Agreement
- The Parties
- Prices
- Conclusion of the Agreement
- Order Confirmation
- Payment
- Delivery
- Risk of Loss
- Right of Withdrawal
- Inspection of Goods
- Complaints Regarding Defects and Time Limits for Claims Due to Delay
- Buyer's Rights in Case of Delay
- Buyer's Rights in Case of Defects
- Seller's Rights in Case of Buyer's Breach
- Warranty
- Personal Data
- Dispute Resolution
- References
Introduction
This purchase is governed by the following standard terms and conditions for consumer purchases of goods over the Internet. A consumer purchase refers to the sale of goods to a consumer who is not acting primarily as part of a business activity, where the seller is acting in the course of business by selling goods online.
These terms have been prepared and recommended by the Norwegian Consumer Ombudsman.
Consumer purchases over the Internet are primarily regulated by the Norwegian Contracts Act, Consumer Purchases Act, Marketing Control Act, Right of Withdrawal Act, and E-commerce Act. These laws grant consumers mandatory rights. The provisions of this agreement shall not be interpreted as limiting any statutory rights but rather set out the parties' primary rights and obligations. The seller may choose to offer more favorable terms than those stated herein.
Where the agreement does not directly address a particular issue, it shall be supplemented by relevant statutory provisions.
1. The Agreement
The agreement between the buyer and seller consists of:
- The information provided by the seller in the online store’s ordering solution (including information about the nature, quantity, quality, characteristics, price, and delivery terms of the goods),
- Any direct correspondence between the parties (such as emails), and
- These terms and conditions.
In the event of any conflict between information provided in the ordering solution, direct correspondence, and these terms, direct correspondence and the ordering information shall prevail, provided this does not conflict with mandatory legislation.
2. The Parties
Seller:
Hettestrikk AS
Flusundvegen 95
6091 Fosnavåg, Norway
Email: elisabeth@hettestrikk.no
Phone: +47 917 88 245
Organization Number: 928 616 266
Buyer: The person placing the order.
3. Prices
All prices displayed in the online store include VAT.
Before the order is placed, the buyer shall be informed of the total amount payable, including all taxes, duties, and delivery costs (such as shipping, postage, invoicing fees, packaging, etc.), together with a breakdown of these charges.
Deliveries to Svalbard or Jan Mayen shall be sold without VAT.
4. Conclusion of the Agreement
The agreement becomes binding on both parties when the seller has received the buyer’s order.
However, neither party shall be bound if there has been an obvious typographical or input error in the seller’s offer or in the buyer’s order, and the other party knew or should have known that such an error existed.
5. Order Confirmation
Upon receiving the buyer’s order, the seller shall promptly send an order confirmation.
The buyer is encouraged to verify that the order confirmation matches the order regarding quantity, product type, price, etc. If discrepancies exist, the buyer should contact the seller as soon as possible.
6. Payment
The seller may require payment once the goods have been dispatched.
If payment is made by credit or debit card, the seller may reserve the purchase amount on the card for up to four days after the order is placed.
Where payment is made by credit card, applicable credit purchase legislation shall apply.
If invoicing is offered, the invoice shall be issued when the goods are dispatched. The payment due date must be at least 14 days after the buyer receives the goods.
If there is a specific need for advance payment, such as for custom-made goods, the seller may require it.
Buyers under the age of 18 may only pay upon delivery or by cash on delivery.
7. Delivery
Delivery shall take place in the manner, at the place, and at the time specified in the online store’s ordering solution.
If no delivery date is specified, the seller shall deliver the goods within a reasonable time and no later than 30 days after the order was placed.
Where the seller is responsible for shipping, the goods shall be transported appropriately and under normal conditions for such transport.
Unless otherwise agreed, the destination shall be the buyer’s address.
8. Risk of Loss
Risk passes to the buyer when the goods have been received in accordance with the agreement.
If delivery is available and the buyer fails to take possession of the goods, the buyer nevertheless bears the risk of loss or damage resulting from the nature of the goods themselves.
9. Right of Withdrawal
The buyer may withdraw from the purchase in accordance with the Norwegian Right of Withdrawal Act.
This means the buyer may return the goods without providing any reason, even if there is no defect and the goods have been delivered correctly.
The buyer must notify the seller of the withdrawal within 14 days after receiving:
- The goods,
- Information regarding the right of withdrawal, and
- The withdrawal form.
If this information is received later, the withdrawal period starts from the date it is received.
If sufficient information or the withdrawal form is not provided, the withdrawal period expires three months after receipt of the goods. If no information is provided at all, the period extends to one year.
The notice of withdrawal should be in writing (withdrawal form, email, fax, or letter).
The goods must be returned within a reasonable period. The seller shall refund the full purchase price within 14 days after receiving the returned goods or proof of return.
The seller may not charge a fee for exercising the right of withdrawal but may require the buyer to pay return shipping costs.
The buyer may inspect the goods before deciding to withdraw but must return them in substantially the same condition and quantity as received. Original packaging should be used where possible.
The right of withdrawal does not apply to:
- Goods that deteriorate quickly,
- Goods that cannot be returned due to their nature,
- Audio/video recordings or computer software where the seal has been broken.
10. Inspection of Goods
Upon receiving the goods, the buyer should reasonably inspect them to verify that:
- They correspond to the order,
- They have not been damaged during transport,
- They are otherwise free from defects.
If defects are discovered, the buyer must submit a complaint as described in Section 11.
11. Complaints Regarding Defects and Delays
If a defect exists, the buyer must notify the seller within a reasonable time after discovering it.
The complaint period shall never be shorter than two months from discovery.
Complaints must be made no later than:
- Two years after receipt of the goods, or
- Five years if the goods are intended to last substantially longer.
Claims arising from delayed delivery must be made within a reasonable time after the delivery date has passed.
If payment was made by credit card, the buyer may also direct claims to the credit provider.
Complaints should be made in writing.
12. Buyer's Rights in Case of Delay
If the seller fails to deliver or delivers late, and the delay is not caused by the buyer, the buyer may:
- Withhold payment,
- Demand performance,
- Terminate the agreement,
- Claim damages.
The buyer may set an additional reasonable deadline for delivery.
If the delay is substantial, or delivery is not made within the additional period, the buyer may terminate the agreement.
The buyer may also claim compensation for losses resulting from the delay.
13. Buyer's Rights in Case of Defects
If the goods are defective and the defect is not attributable to the buyer, the buyer may:
- Withhold payment,
- Require repair,
- Require replacement,
- Request a price reduction,
- Terminate the agreement,
- Claim damages.
Repair or replacement must be carried out within a reasonable time and at no cost to the buyer.
The seller generally has no more than two attempts to remedy the same defect.
If repair or replacement is not completed, the buyer may demand a proportional price reduction.
The buyer may terminate the agreement if the defect is not insignificant.
The buyer may also claim compensation for financial losses caused by the defect.
14. Seller's Rights in Case of Buyer's Breach
If the buyer fails to pay or otherwise breaches the agreement, the seller may:
- Withhold delivery,
- Demand payment,
- Terminate the agreement,
- Claim damages.
The seller may also claim:
- Interest on overdue payments,
- Debt collection fees,
- Fees for uncollected goods that were not prepaid.
Termination is only permitted in cases of material breach.
15. Warranty
Any warranty provided by the seller or manufacturer grants rights in addition to those already available under mandatory consumer protection legislation.
A warranty does not limit the buyer's statutory rights relating to defects or delays.
16. Personal Data
Unless otherwise agreed, the seller may only collect and store personal data necessary to fulfill the agreement.
Personal data relating to children under 15 may only be collected with parental or guardian consent.
The buyer's personal data may only be disclosed to third parties when necessary to perform the agreement or when required by law.
National identity numbers may only be collected when objectively necessary for secure identification.
If personal data is to be used for marketing or purposes beyond fulfilling the agreement, the seller must obtain the buyer's explicit consent.
The buyer must be informed about:
- What the data will be used for,
- Who will use the data.
Consent must be voluntary and given through an active action, such as ticking a checkbox.
The buyer must be able to easily contact the seller regarding personal data questions, corrections, or deletion requests.
17. Dispute Resolution
The parties shall attempt to resolve disputes amicably.
The buyer may contact the Norwegian Consumer Council (Forbrukerrådet) for assistance.
If mediation does not result in a solution, either party may request that the dispute be submitted to the Consumer Disputes Committee (Forbrukertvistutvalget).
Decisions become legally binding four weeks after notification unless challenged before the courts.
18. References
This section contains references to relevant Norwegian legislation, including:
- The VAT Act
- The Credit Purchase Act
- The Guardianship Act
- The Right of Withdrawal Act
- The Interest on Overdue Payments Act
- The Debt Collection Act
- The Personal Data Act
These statutes provide the legal basis for the rights and obligations described in these terms and conditions.
