THE TERMS

THE CONTRACT BELOW HAS BEEN PREPARED AND RECOMMENDED FOR USE BY THE NORWEGIAN CONCUMER AGENCY. IT CORRESPONDS TO STANDARD SALES CONDITIONS FOR CONSUMER PURCHASES OF GOODS OVER THE INTERNET. 

 

THE CONTRACT

 

Introduction:

This purchase is governed by the following standard terms and conditions of sale for consumer purchases of goods over the Internet. Consumer purchases here mean the sale of goods to consumers who do not mainly shop as part of business activities, and when the seller acts in business activities with sales of goods over the internet. The contract has been prepared and recommended for use by the Norwegian Consumer Agency. Consumer purchases over the Internet are mainly regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act and the E-Commerce Act, and these laws give consumers inalienable rights. The terms of the contract are not to be construed as limiting the statutory rights, but set out the parties' most important rights and obligations for trade. The seller may choose to offer the buyer better terms than those set out in these terms of sale. In cases where the contract does not directly provide the solution to a problem, the contract must be supplemented with relevant legal provisions.

 

1. The agreement

The agreement between buyer and seller consists of the information the seller provides about the purchase in the ordering solution in the online store (including information about the item's nature, quantity, quality, other properties, price and delivery conditions), any direct correspondence between the parties (eg e-mail) and these terms of sale. In the event of a conflict between the information provided by the seller about the purchase in the ordering solution in the online store, direct correspondence between the parties and the terms of the terms of sale, direct correspondence between the parties and the information given in the ordering solution precedes the terms of sale.

 

2. The Parts

SELLER Helene Jellestad - ROOM & WALL ART

Bogstadvegen 15A, 0355 Oslo, Norway

E-mail: contact@roomandwallart.com

Phone: (+47) 45 000 630

Organization number: 920519512.

BUYER is the person who makes the order.

 

3. Prices

The prices, which are stated in the online store, include VAT and shipping (by our carrier). Information about the total costs the buyer must pay, including all taxes (VAT, customs, and the like) and delivery costs (shipping, postage, invoice fee, packaging, etc.) as well as specification of the individual elements in the total price, is given in the ordering solution before ordering. Deliveries of goods to Svalbard or Jan Mayen shall be sold without the addition of VAT (see photo note 1).

 

4. Entering into an agreement

The agreement is binding on both parties when the buyer's order is received by the seller. However, one party is not bound by the agreement if there have been typing or typing errors in the offer from the seller in the ordering solution in the online store 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 must without undue delay confirm the order by sending an order confirmation to the buyer. It is recommended that the buyer checks that the order confirmation matches the order in terms of quantity, item type, price, etc. If there is no correspondence between the order and the order confirmation, the buyer should contact the seller as soon as possible.

 

6. Payment

The seller can demand payment for the item from the time it is sent from the seller to the buyer. If the buyer uses a credit card (see footnote 2) or debit card (see footnote 3) for payment, the seller can reserve the purchase price on the card when ordering for up to 4 days from the order (see photo note 4). When paying by credit card, the law on credit purchases etc. apply (see photo note 5). If the seller offers post-invoicing, the invoice to the buyer shall be issued when the item is shipped. The due date must be set at a minimum of 14 days from the time the buyer receives the shipment. If the seller has a special need to demand advance payment from the buyer, for example for manufacturing purchases, the seller can demand this.

 

Buyers under the age of 18 can only pay directly upon the seller's delivery of the item or upon delivery of the item by postal order (see photo note 6).

 

7. Delivery etc.

Domestic shipping: Orders from Room & Wall Art are sent free of charge and will be delivered to the customer's door by our carrier. Estimated arrival time is normally within 14 days from when the order was received by Room & Wall Art. 

 

​Abroad shipping: For goods delivered outside of Norway please note; orders from Room & Wall Art are sent free of charge but may be imposed customs duties on import! The amount of potential customs duty depends on the tariffs of the country that the customer has ordered the goods to. The customs duty will be charged the customer directly and this part of the process will not be managed by Room & Wall.

 

(Delivery of the item from the seller to the buyer takes place in the manner, at the place and at the time specified in the ordering solution in the online store. If the delivery time is not stated in the order solution, the seller must deliver the item to the buyer within a reasonable time and no later than 30 days after the order from the customer. If the seller is to ensure that the goods are sent to the buyer, he is obliged to have the goods transported to the destination in a suitable manner and on normal terms for such transport. The place of destination is with the buyer unless otherwise agreed between the parties.)

 

​8. The risk of the item

The risk for the item passes to the buyer when the thing is taken over by the buyer in accordance with the agreement. If the delivery time has come and the buyer fails to take over an item that is made available to him or her under the agreement, the buyer still has the risk of loss or damage due to properties of the item itself.

 

9. Right of withdrawal

Products from Room & Wall Art are produced upon order by customer. When the order is made it goes directly to the producer and can hence not be changed nor be canceled after the payment has gone through.

 

10. Examination of the item

When the buyer receives the item, it is recommended that he or she to a reasonable extent check whether it is in accordance with the order, whether it has been damaged during transport or whether it otherwise has defects. If the item does not match the order or has defects, the buyer must notify the seller in the event of a complaint, cf. clause 11 of the contract.

 

11. Complaint in case of defect and deadline for reporting claims in case of delay

In the event of the receipt of;

 

The wrong goods in accordance to actual order

The wrong goods must be returned to Room & Wall Art immediately and no later than one week after the reception. A new item will be shipped to the customer immediately when the wrong goods is returned and received by Room & Wall Art.

 

Damaged goods due to production error, or damaged goods due to freight

The customer must document the damage by photo and return the damaged item - attached the photo documentation and freight number, immediately and no later than one week after the reception, in order to promoting a complaint. A new item will be shipped to the customer immediately when the damaged goods is returned and received by Room & Wall Art.

 

Refund

In situations such as the above mentioned the order can be adjourned upon request by the customer and the full amount willl be returned to the credit card or PayPal acount that was charged in accordance to the purchase.

 

In the event of a delay, claims must be made to the seller within two weeks after the delivery time has come and the item has not been delivered. If the item is paid for with a credit card, the buyer can also choose to complain and send claims directly to the credit provider (the credit card company) (see photo note 8). The message to the seller or creditor should be in writing (email, fax or letter).

 

12. Buyer's rights in case of delay

If the seller does not deliver the goods or delivers them too late in accordance with the agreement between the parties, and this is not due to the buyer or circumstances on the buyer's side, the buyer may, in accordance with the rules in Chapter 5 of the Consumer Purchases Act, withhold the purchase price, demand fulfillment, terminate the agreement and claim compensation from the seller.

 

Fulfillment: If the seller does not deliver the item at the time of delivery, the buyer can maintain the purchase and set a reasonable additional deadline for fulfillment from the seller. However, the buyer may not demand fulfillment if there is an obstacle that the seller cannot overcome or if fulfillment will entail such a great inconvenience or cost for the seller that it is in significant disproportion to the buyer's interest in the seller fulfilling. If the difficulties disappear within a reasonable time, the consumer can demand fulfillment.

 

Cancellation: The buyer may terminate the agreement with the seller if the delay is significant or if the seller does not deliver the goods within the additional deadline for fulfillment set by the buyer. The buyer can still not terminate the agreement while the additional deadline is running, unless the seller has said that he or she will not fulfill within the deadline.

The buyer must report claims to the seller in the event of a complaint, cf. section 11 of this contract.

 

13. Buyer's rights in the event of a defect

In the event of the receipt of damaged goods due to production error, or damaged goods due to freight: 

The customer must document the damage by photo and return the damaged item - attached the photo documentation and freight number, immediately and no later than one week after the reception, in order to promoting a complaint. A new item will be shipped to the customer immediately when the damaged goods is returned and received by Room & Wall Art.

 

In situations such as the above mentioned the order can be adjourned upon request by the customer and the full amount will be returned to the credit card or PayPal acount that was charged in accordance to the purchase.

 

14. 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, and this is not due to the seller or circumstances on the seller's part, the seller may, according to the rules in the Consumer Purchase Act chapter 9, withhold the item, demand fulfillment of the agreement, demand termination of the agreement and compensation from buyer. The seller may also, depending on the circumstances, be able to claim interest for late payment, collection fee and fee for non-prepaid uncollected goods.

 

Fulfillment: If the buyer does not pay, the seller can maintain the purchase and demand that the buyer pays the purchase price (fulfillment). If the item is not delivered, the seller loses his right if he waits unreasonably long to advance the claim.

Termination: In the event of a material default or other material default by the buyer, the seller may terminate the agreement. However, the seller can not withdraw after the purchase price has been paid. The seller can also cancel the purchase if the buyer does not pay within a reasonable additional deadline for fulfillment set by the seller. However, the seller can not withdraw while the additional deadline runs, unless the buyer has said that he or she will not pay.

Compensation: The seller can demand compensation from the buyer for financial loss he or she suffers as a result of a breach of contract on the part of the buyer, cf. the Consumer Purchases Act § 46.

 

Interest on late payment / collection fee: If the buyer does not pay the purchase price in accordance with the agreement, the seller can demand interest on the purchase price in accordance with the Act on interest on late payment.9 In case of non-payment, the claim can, after prior notice, be sent for collection. then be held liable for fees under the Debt Collection Act and other collection of overdue monetary claims (see photo note 10).

 

Fee for uncollected non-prepaid goods: If the buyer fails to collect unpaid goods, the seller can charge the buyer a fee of NOK 1000 + return shipping. The fee shall at most cover the seller's actual outlay for delivering the goods to the buyer. Such a fee cannot be charged to buyers under the age of 18 (see photo note 11).

 

15. Warranty

Warranty given by the seller or manufacturer gives the buyer rights in addition to the rights the buyer already has under mandatory legislation. A guarantee thus does not imply any restrictions on the buyer's right to complaint and claims in the event of delay or defects pursuant to items 12 and 13.

 

16. Personal information (see photo note 12)

Room & Wall Art follow international requirements for privacy when shopping online. Here you will find information about what kind of personal information is collected when you visit our website and how the information is processed. Customers Privacy

​Unless the buyer agrees to something else, the seller can only collect and store the personal information necessary for the seller to be able to carry out the obligations under the agreement. The personal information of the buyer under the age of 15 cannot be obtained unless the seller has the consent of parents or guardians. The buyer's personal information shall only be disclosed to others if it is necessary for the seller to implement the agreement with the buyer, or in statutory cases. The seller can only obtain the buyer's social security number if there is a factual need for secure identification and such collection is necessary. If the seller wants to use the buyer's personal information for other purposes, for example to send the buyer advertising or information beyond what is necessary to complete the agreement, the seller must obtain the buyer's consent at the conclusion of the agreement. The seller must provide the buyer with information about what the personal information will be used for and about who will use the personal information. The buyer's consent must be voluntary and given by an active action, for example by ticking.

 

The buyer must be able to easily contact the seller, for example by telephone or e-mail if he or she has questions about the seller's use of personal information or if he or she wants the seller to delete or change the personal information.

 

17. Conflict resolution

The parties shall endeavor to resolve any disputes amicably. The buyer can contact the Consumer Council to get assistance in a possible dispute with the seller. If an amicable solution is not reached after mediation in the Consumer Council, the parties may request in writing that the Consumer Council submit the dispute to the Consumer Disputes Committee (see footnote 13). Decisions by the Consumer Disputes Committee are final four weeks after service. Before the decision is final, the parties may, by submitting a summons to the Consumer Disputes Committee, bring the decision before the district court.

 

Footnotes:

1. See Act of 19 June 1969 no. 66 on value added tax § 16.

2. A credit card is a payment card where the settlement for the purchase takes place afterwards by the creditor (credit card company) sending the cardholder an invoice with a demand for payment.

A debit card is a payment card linked to a deposit account. Use of the card means that the user's account is debited and the amount is transferred to the payee's account.

4. Cf. model agreement prepared by the joint contract committee for Sparebankforeningen's and Finansnæringens main organization - Agreement terms for credit cards and billing cards - consumer relations item 12 and design terms prepared by Sparebankforeningen and Finansnæringens main organization for payment cards item 11.

5. Act of 21 June 1985 no. 82 on credit purchases etc.

6. Persons under the age of 18 can only pay in the aforementioned ways as they cannot incur debt, cf. the Act of 22 April 1927 on guardianship of minors (vgml.) § 2.

7. Act of 21 December 2000 no. 105 on the duty to provide information and the right of withdrawal, etc. in the case of distance selling and sale outside a fixed point of sale (the Right of Withdrawal Act).

8. Act of 21 June 1985 no. 82 on credit purchases etc. § 8.

9. Act of 17 December 1976 no. 100 on interest in the event of late payment.

10. Act of 13 May 1988 no. 26 on debt collection activities and other collection of overdue monetary claims.

11. Fees can not be charged to persons under 18 years of age as they cannot incur debt, cf. vgml. § 2.

12. See Act of 14 April 2000 no. 31 on the processing of personal data.

13. See Act of 28 April 1978 no. 18 on the handling of consumer disputes.