Terms of sales

 Introduction

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 Authority.

For a better understanding of these Sales Conditions, see the Consumer Authority’s guidelines.

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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 pur- chase of goods between traders and consumers.

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2 Parts

The seller is: Helene Jellestad - Room & Wall Art

• Contact address: Bogstadveien 15B, 0355 Oslo

• Email: contac@roomandwallart.com

• Phone: (+47) 45 000 630

• VAT registration nr: 920.519.512

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.

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3 Price

The stated price for the good and services is the total price to be paid by the Purchaser. This price includes all taxes and except customs duty. The Purchaser shall not be charged for any further costs of which the Seller has not informed the Purchaser before the purchase.

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4 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.

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5 Payment

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

If the Purchaser uses a credit or debit card to make the payment, the Seller may hold the funds on the card when the order is placed. The card will be charged on the same day the good is sent.

 

Purchasers under the age of 18 may not pay via post-delivery invoicing.

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​6 Delivery

Delivery has taken place when the buyer, or his representative, has taken over the item.

 

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 customer's stated address at street level, subject to sufficient and satisfactorily arranged accessibility for transport/shipment to the stated address.

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7 Product risk

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.

 

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.

 

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 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 email).

 

It is possible to use the right of cancellation for 14 days after the purchase has been made as long as the product is in perfect condition when returned. 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.

 

Note! In case of cancellation/return, the customer will be charged an amount of 10% of the total purchase price for costs associated with the production, in addition to the total of the shipping costs and any customs duty. This amount will be deducted by the seller from the purchase sum before the money is returned to the card/account with which the customer paid for the ordered item.

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The seller is obliged to repay the purchase price minus 10% of the total purchase price for costs associated with the production, in addition to the total of the shipping costs and any customs duty, to the buyer without undue delay, and no later than 14 days from the seller receiving notification of the buyer's decision to exercise the right of withdrawal. This assumes that the seller has received the returned item in perfect condition from the buyer within these 14 days. The seller has the right to withhold payment until he/she has received the goods from the buyer and checked that the goods are in perfect condition.

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9 Delay and non-delivery - the buyer's rights and deadline for reporting claims

If the seller does not deliver the goods or delivers them late in accordance with the agreement between the parties, and this is not due to the buyer or conditions on the buyer's side, the buyer can, in accordance with the rules in Chapter 5 of the Consumer Purchase Act, terminate the agreement according to the circumstances.

 

In the case of claims for default powers, the notification should be in writing via email for reasons of evidence.

 

​Heaving:

If the seller does not deliver the goods at the time of delivery, the buyer must call on the seller to deliver within a reasonable additional deadline for fulfillment. If the seller does not deliver the goods within the additional deadline, the buyer can cancel the purchase. However, the buyer can cancel the purchase immediately if the seller refuses to deliver the item. The same applies if the buyer has informed the seller that the time of delivery is decisive.

 

If the item is delivered after the additional deadline set by the consumer or after the time of delivery that was decisive for the conclusion of the agreement, the claim for rescission must be made within 14 days after the buyer became aware of the delivery.

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10 Defects in the goods

The buyer's rights and deadline for complaints If there is a defect in the goods, the buyer must notify the seller within a reasonable time after it was discovered or should have been discovered that he or she wants to claim the defect.

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Wrong product than ordered:

​On receipt of the wrong product in relation to the actual order, the wrong product must be returned to the seller immediately and at the latest within one week after the customer received the wrong product. A new/correct product will be sent to the customer immediately when the incorrect product has been returned and received by the seller, and new products have been manufactured. 

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Complaints - damaged product due to manufacturing defects or shipping/transport:

Upon receipt of a damaged product due to a manufacturing defect or due to shipping, the customer must upon receipt of the product immediately and at the latest within one week of receiving the product, return the damaged product with attached photo documentation of the damage and shipping number, in order to promote a complain. A new corresponding product will be sent to the customer immediately when the damaged product has been returned and received by the seller, and new products have been manufactured. 

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Elevation:

If the item cannot be replaced by the seller, the buyer can also cancel the purchase.

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11 The seller's rights in the event of the buyer's default

If the buyer does not pay or fulfill the other obligations under the agreement or the law, and this is not due to the seller or circumstances on the seller's side, the seller may, in accordance with the rules in the Consumer Purchase Act, chapter 9, depending on the circumstances, withhold the goods, demand fulfillment of the agreement, demand the agreement be canceled as well as claim compensation from the buyer. The seller will also be able, depending on the circumstances, to demand interest for late payment, debt collection fees and a reasonable fee for uncollected goods.

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Fulfillment:

The seller can maintain the purchase and demand that the buyer pays the purchase price. If the goods have not been delivered, the seller loses his right if he waits an unreasonably long time to make the claim. ​

 

Elevation:

The seller can terminate the agreement if there is a significant payment default or other significant default on the part of the buyer. If the seller sets a reasonable additional deadline for fulfillment and the buyer does not pay within this deadline, the seller can cancel the purchase. ​ Interest in case of late payment/collection fee: If the buyer does not pay the purchase price in accordance with the agreement, the seller can claim interest on the purchase price in accordance with the Late Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to debt collection. The buyer can then be held liable for fees according to the Debt Collection Act. Fee for uncollected, non-prepaid goods: If the buyer fails to collect unpaid goods, the seller can charge the buyer a fee. The fee shall at most cover the seller's actual  expenditure to deliver the item to the buyer. Such a fee cannot be charged to buyers under the age of 18.

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12 Warranty

A guarantee given by the seller gives the buyer rights in addition to those the buyer already has under non-derogable legislation. A guarantee thus implies no restrictions on the buyer's right to complaint and claim in the event of delay or defects according to points 9 and 10.

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13 Personal data

The controller for collected personal data is the seller. Unless the buyer agrees to something else, the seller, in line with the Personal Data Act, can only obtain and store the personal data that is necessary for the seller to be able to carry out the obligations under the agreement. The buyer's personal data will only be disclosed to others if it is necessary for the seller to complete the agreement with the buyer, or in statutory cases.

 

14 Conflict resolution

Complaints must be addressed to the seller within a reasonable time, cf. points 9 and 10. The parties must try to resolve any disputes amicably. If this is not successful, the buyer can contact the Norwegian Consumer Protection Authority for mediation. The Norwegian Consumer Protection Agency is available at telephone 23 400 600 or www.forbrukertilsynet.no

 

The European Commission's complaints portal can also be used if you wish to lodge a complaint. It is particularly relevant if you are a consumer living in another EU country. 

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