Terms of sale
Introduction
This purchase is governed by the following standard terms and conditions for consumer purchases of goods over the Internet. Consumer purchases over the Internet are mainly regulated by the Contract Act, the Consumer Purchase Act, the Marketing Act, the Right of Withdrawal Act and the E-commerce Act, and these laws give the consumer inalienable rights. The laws are available at www.lovdata.no. The terms of this agreement shall not be understood as any limitation of the statutory rights, but set out the parties' most important 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 order solution and any separately agreed terms. In the event of any conflict between the information, what has been specifically agreed between the parties takes precedence, unless it conflicts with mandatory legislation.
The agreement will also be supplemented by relevant legal provisions that regulate the purchase of goods between traders and consumers.
2. The parties
The 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/seller.
Buyer is the consumer who places the order, and is hereinafter referred to as the buyer/purchaser.
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 costs. Additional costs that the seller has not informed about before the purchase shall not be borne by the buyer.
4. Conclusion of the agreement
The agreement is binding on both parties once the buyer has sent their order to the seller.
However, the agreement is not binding if there has been a typing or typing error in the seller's offer in the ordering solution in the online store or in the buyer's order, and the other party realized or should have realized that there was such an error.
5. Payment
The seller may demand payment for the item from the time it is shipped from the seller to the buyer.
If the buyer uses a credit or debit card to pay, the seller can reserve the purchase price on the card when ordering. The card will be charged the same day the item is shipped.
When paying by invoice, the invoice to the buyer is issued upon shipment of the goods. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt.
Buyers under the age of 18 cannot pay with a subsequent invoice.
6. Delivery
Delivery has occurred when the buyer, or his representative, has taken possession of the item.
If the delivery time is not stated in the order solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the order from the customer. The goods shall be delivered to the buyer unless otherwise specifically agreed between the parties.
7. The risk of the goods
The risk for the goods passes to the buyer when he, or the buyer's representative, has received the goods in accordance with clause 6.
8. Right of withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may cancel the purchase of the item 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 period. The period includes all calendar days. If the period ends on a Saturday, public holiday or public holiday, the period is extended to the nearest working day.
The cancellation period is considered to have been met if notification is sent before the expiry of the period. The buyer has the burden of proof that the right of cancellation has been exercised, and the notification should therefore be made in writing (cancellation form, email or letter).
The withdrawal period begins to run:
- When purchasing individual items, the cancellation period will run from the day after the item(s) are received.
- If a subscription is sold, or the agreement involves regular delivery of identical goods, the deadline runs from the day after the first shipment is received.
- If the purchase consists of multiple deliveries, the cancellation period will run 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 inform the buyer before the conclusion of the contract that there is a right of withdrawal and a standardized withdrawal form. The same applies in the event of a lack of information about the conditions, deadlines and procedure for exercising the right of withdrawal. If the trader ensures that the information is provided during these 12 months, the withdrawal period nevertheless expires 14 days after the day on which 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 of notification of the exercise of the right of withdrawal. The buyer covers the direct costs of returning the goods, unless otherwise agreed or the seller has failed to inform that the buyer will cover the return costs. The seller cannot set a fee for the buyer's exercise of the right of withdrawal.
9. Delay and non-delivery - buyers' 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 circumstances on the buyer's side, the buyer may, in accordance with the rules in Chapter 5 of the Consumer Purchase Act, withhold the purchase price, demand fulfillment, terminate the agreement and/or demand compensation from the seller, depending on the circumstances.
When claiming default powers, the notification should be in writing (for example, email) for evidentiary reasons.
10. Defects in the goods - the buyer's rights and complaint period
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 he or she will claim the defect. The buyer has always made a complaint in time if this occurs within 2 months from the time the defect was discovered or should have been discovered. Complaints can 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 significantly longer than two years, the complaint period is five years.
If the goods have 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 the Consumer Purchase Act, Chapter 6, depending on the circumstances, withhold the purchase price, choose between correction and replacement, demand a price reduction, demand the agreement be terminated and/or demand compensation from the seller.
Complaints to the seller should be made in writing.
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 part, 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 terminated and demand compensation from the buyer. The seller may also, depending on the circumstances, demand interest for late payment, collection fees and a reasonable fee for uncollected goods.
Fulfillment
The seller can maintain the purchase and demand that the buyer pay the purchase price. If the item is not delivered, the seller loses his right if he waits an unreasonable amount of time to file the claim.
Raising
The seller may terminate the agreement if there is a material default on payment or other material breach by the buyer. However, the seller may not terminate if the full purchase price has been paid. If the seller sets a reasonable additional deadline for fulfillment and the buyer does not pay within this deadline, the seller may terminate 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 may claim interest on the purchase price in accordance with the Late Payment Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to debt collection. The buyer may then be held liable for fees in accordance with the Debt Collection Act.
Fee for uncollected, non-prepaid items
If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee shall not exceed the seller's actual expenses for delivering the goods to the buyer. Such a fee may not be charged to buyers under the age of 18.
12. Warranty
A warranty provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A warranty therefore does not imply any limitations on the buyer's right to make complaints and claims in the event of delay or defects under clauses 9 and 10.
13. Personal data
The data controller for the collected personal data is the seller. Unless the buyer consents otherwise, the seller may, in accordance with the Personal Data Act, only collect 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 be able to carry out the agreement with the buyer, or in cases prescribed by law.
14. Conflict resolution
Complaints must be addressed to the seller within a reasonable time, cf. points 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is unsuccessful, the buyer may contact the Norwegian Consumer Authority for mediation. The Norwegian Consumer Authority is available by telephone at 23 400 600 or www.forbrukertilsynet.no .
The European Commission's complaint portal can also be used if you wish to file a complaint. This is particularly relevant if you are a consumer residing in another EU country. The complaint is filed here: http://ec.europa.eu/odr .