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Terms of Sale
Introduction
This purchase is governed by the standard terms of sale for consumer purchases of goods over the Internet set out below. 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 grant the consumer non-waivable rights. The laws are available at www.lovdata.no. The terms of this agreement should not be understood as a limitation of the statutory rights, but set out the parties' main rights and obligations for the transaction.
The terms of sale have been prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these terms of sale, see the Norwegian Consumer Authority's guide here.
1. The Agreement
The agreement consists of these terms of sale, information provided in the ordering system and any specially agreed terms. In the event of any conflict between the information, what has been specially agreed between the parties takes precedence, provided it does not conflict with mandatory legislation.
The agreement will, in addition, be supplemented by relevant legal provisions that regulate the purchase of goods between traders and consumers.
2. The Parties
Seller is Loulouis, Raskenlundvegen 10, 3928 Porsgrunn, support@loulouis.no, 47 24 19 40, Treasure Group AS org.nr 931 414 135, and is hereinafter referred to as the seller.
Buyer is the consumer who places the order, and is hereinafter referred to as the buyer.
3. Price
The stated price for the goods and services is the total price the buyer shall pay. This price includes all taxes and additional charges. Additional costs that the seller has not informed the buyer about prior to purchase shall not be borne by the buyer.
4. Conclusion of Contract
The agreement is binding for both parties when the buyer has submitted their order to the seller.
The agreement is nevertheless not binding if there has been a typing or keying error in the seller's offer in the online store's ordering system or in the buyer's order, and the other party realized or should have realized that such an error existed.
5. Payment
The seller may demand payment for the goods from the time they are dispatched from the seller to the buyer.
If the buyer uses a credit card or debit card for payment, the seller may reserve the purchase amount on the card at the time of order. The card will be charged on the same day the goods are shipped.
When paying by invoice, the invoice to the buyer is issued upon dispatch of the goods. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt.
Buyers under 18 years of age cannot pay by subsequent invoice.
6. Delivery
Delivery is completed when the buyer, or their representative, has taken possession of the item.
If no delivery time is specified in the ordering system, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the customer's order. The goods shall be delivered to the buyer unless otherwise specifically agreed between the parties.
7. Risk in the Goods
The risk for the goods passes to the buyer when they, or the buyer's representative, have received the goods in accordance with section 6.
8. Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw the purchase of the goods in accordance with the Right of Withdrawal Act.
The buyer must notify the seller of the exercise of the right of withdrawal within 14 days from the start of the deadline. All calendar days are included in the deadline. If the deadline ends on a Saturday, public holiday or holiday, the deadline is extended to the next working day.
The withdrawal period is deemed to be met if notice is sent before the expiry of the period. The buyer bears the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be made in writing (withdrawal form, e‑mail or letter).
The withdrawal period begins to run:
- For the purchase of individual items, the withdrawal period runs from the day after the item(s) are received.
- If a subscription is sold, or the agreement involves regular delivery of identical goods, the period runs from the day after the first shipment is received.
- If the purchase consists of several deliveries, the withdrawal period runs from the day after the last delivery is received.
The withdrawal period is extended to 12 months after the expiry of the original period if the seller does not, before the conclusion of the contract, inform that there is a right of withdrawal and provide a standardized withdrawal form. The same applies if information about terms, deadlines and the procedure for exercising the right of withdrawal is missing. If the trader provides the information within these 12 months, the withdrawal period nevertheless expires 14 days after the day the buyer received the information.
When exercising the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days from the date the notice of withdrawal is given. The buyer shall bear the direct costs of returning the goods, unless otherwise agreed or the seller has failed to inform that the buyer must bear the return costs. The seller may not impose a fee for the buyer's exercise of the right of withdrawal.
9. Delay and Non-delivery - Buyers' Rights and Deadline for 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 circumstances on the buyer's side, the buyer may in accordance with the rules in Chapter 5 of the Consumer Purchases Act, as appropriate, withhold the purchase price, demand performance, cancel the contract and/or claim compensation from the seller.
For claims regarding breaches, the notification should for evidentiary reasons be in writing (for example e‑mail).
10. Defect in the Goods - Buyer's Rights and Complaint Deadline
If there is a defect in the goods, the buyer must within a reasonable time after it was discovered or should have been discovered, notify the seller that they intend to rely on the defect. The buyer has always complained in time if it is done within 2 months from when the defect was discovered or should have been discovered. A complaint can be made no later than two years after the buyer took over the item. If the item or parts of it are intended to last significantly longer than two years, the complaint period is five years.
If the item has a defect 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 6 of the Consumer Purchases Act, as appropriate, withhold the purchase price, choose between repair and replacement, demand a price reduction, demand cancellation of the contract and/or claim compensation from the seller.
Complaints to the seller should be made in writing.
11. Seller's Rights in Case of Buyer's Breach
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 Chapter 9 of the Consumer Purchases Act, as appropriate, withhold the goods, demand performance of the agreement, cancel the contract and claim compensation from the buyer. The seller may also, depending on the circumstances, claim interest on late payment, debt collection fees and a reasonable fee for uncollected goods.
Performance
The seller may insist on the purchase and demand that the buyer pay the purchase price. If the goods have not been delivered, the seller loses this right if they wait unreasonably long to make the claim.
Cancellation
The seller may cancel the agreement if there is material non-payment or other material breach by the buyer. However, the seller may not cancel if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for performance and the buyer does not pay within this deadline, the seller may cancel the purchase.
Interest on Late Payment/Debt Collection Fee
If the buyer does not pay the purchase price in accordance with the agreement, the seller may charge interest on the purchase price pursuant to the Interest on Overdue Payments Act. In case of non-payment, the claim may, after prior notice, be sent to debt collection. The buyer may then be held liable for fees under the Debt Collection Act.
Fee for Uncollected Non-Prepaid Goods
If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee shall at most cover the seller's actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age.
The fee for uncollected packages at Loulouis is 199 kr. This covers our actual shipping and handling costs. The fee does not apply to returns registered via our returns system.
12. Warranty
A warranty given by the seller or the manufacturer gives the buyer rights in addition to those the buyer already has under mandatory law. A warranty therefore does not limit the buyer's right to complain and claim for delay or defects under sections 9 and 10.
13. Personal Data
The data controller for collected personal data is the seller. Unless the buyer consents to something else, the seller may, in accordance with the Personal Data Act, only collect and store the personal data necessary for the seller to fulfil its obligations under the agreement. The buyer's personal data will only be disclosed to others if it is necessary for the seller to fulfil the agreement with the buyer, or in cases required by law.
14. Dispute Resolution
Complaints should be directed to the seller within a reasonable time, cf. sections 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is not successful, the buyer may contact the Norwegian Consumer Authority for mediation. The Norwegian Consumer Authority is available by phone at 23 400 600 or www.forbrukertilsynet.no.
The European Commission's Online Dispute Resolution platform can also be used if you wish to file a complaint. It is particularly relevant if you are a consumer residing in another EU country. The complaint is submitted here: http://ec.europa.eu/odr.