Terms and Conditions

Important: These terms of sale were made by the Norwegian Consumer Protection Authority. The web version can be found here: https://lovdata.no/dokument/NLE/lov/2002-06-21-34

Introduction

This purchase is regulated by the below standard terms of sale for consumer purchases of goods over the Internet. Consumer purchases over the internet are mainly regulated by the Contracting Act, the Consumer Purchase Act, the Marketing Act, the Law of Withdrawal and the ECommerce Act, and these laws give the consumer mandatory rights. The laws are available on www.lovdata.no. The terms of this Agreement shall not be understood as any limitation of the statutory rights, but represent the most important rights and obligations of the parties for the trade.The terms of sale have been prepared and recommended by the Consumer Protection Authority. For a better understanding of these terms of sale, see the Consumer Protection Authority's guide here.

1. Agreement

The agreement consists of these terms of sale, information provided in the booking solution and, if applicable, special agreed terms. In the event of any conflict between the information, it is specifically agreed between the parties in front, provided that it does not contravene mandatory legislation.

The agreement will also be filled in by relevant legal provisions governing the purchase of goods between traders and consumers.

2. The parties

The seller is Magnar Moland, post@magnarmoland.no, hansbuseter 11 3750 drangedal Org no: 925086681, and is referred to in the following as the seller/seller.

The buyer is the consumer who makes the order and is referred to in the following as the buyer/buyer.

3. Price

The stated price of the item and services is the total price the buyer will pay. This price includes all fees and additional costs. Additional costs that the seller before the purchase has not been informed of, the buyer shall not bear.

4. Conclusion of agreement

The agreement is binding on both parties once the buyer has sent his order to the seller.

However, the agreement is not binding if there have been write or key 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 occurred.

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 at the time of payment, the seller may reserve the purchase price on the card at the time of booking. The card will be charged on the day of the item shipped.

When paying by invoice, the invoice to the buyer is issued upon shipment of the item. The payment deadline is stated in the invoice and is at least 14 days from receipt.

Buyers under the age of 18 cannot pay with subsequent invoice.

6. Delivery

Delivery is done when the buyer, or his representative, has taken over the thing.

If the time of delivery is not stated in the order solution, the seller shall deliver the item 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 agreed between the parties.

7. The risk of the item

The risk of the goods passes to the buyer when he, or his representative, has had the goods delivered

in accordance with clause 6.

8. Right of withdrawal

Unless the agreement is exempt from right of withdrawal, the buyer may undo the purchase of the goods under the Right of Withdrawal Act.

The buyer must notify the seller of the use of the right of withdrawal within 14 days from the time the deadline begins to run. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday or holiday, the deadline extends to the nearest business day.

The withdrawal period is considered complied with if notification has been sent before the expiry of the deadline. The buyer has the burden of proof that the right of withdrawal has been applied, and the notice should therefore be made in writing (withdrawal form, e-mail or letter).

The withdrawal deadline starts to run:
When purchasing individual items, the withdrawal period will run from the day after the item(s) is received.
A subscription, or the agreement involves regular delivery of identical goods, runs from the day after the first shipment is received.
If the purchase consists of several deliveries, the withdrawal period will run from the day after the last delivery has been received.

The withdrawal period is extended to 12 months after the end of the original deadline if the seller does not appear before the conclusion of the agreement that there is a right of withdrawal and a standardised withdrawal form. Similarly, in the event of a lack of notice of conditions, deadlines and procedure for using the right of withdrawal apply. If the trader provides the information during these 12 months, the withdrawal period still expires 14 days after the day the buyer received the information.

When using the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days from notification of the use of the right of withdrawal has been granted. The buyer covers the direct costs of returning the goods, unless otherwise agreed or the seller has failed to state that the buyer shall cover the return costs. The seller cannot set a fee for the buyer's use of the right of withdrawal.

The buyer may try or test the item in a proper manner to determine the nature, characteristics and function of the goods, without the right of withdrawal. If testing or testing of the goods goes beyond what is prudent and necessary, the buyer may be liable for any reduced value of the goods.

The seller is obliged to repay the purchase price to the buyer without undue delay, and no later than 14 days from the time the seller was notified of the buyer's decision to use the right of withdrawal. The seller has the right to withhold the payment until he has received the goods from the buyer, or until the buyer has submitted documentation that the goods have been sent back.

9. Delay and non-delivery - buyers' rights and deadline to file claims

If the seller does not deliver the goods or delivers it too late under the agreement between the parties, and this is not due to the buyer or conditions on the part of the buyer, the buyer may, according to the rules of the Consumer Purchase Act Chapter 5, in the circumstances, withhold the purchase price, demand fulfillment, terminate the agreement and/or claim compensation from the seller.

In the event of a claim for misconduct, the notification for the reasons for proof should be in writing (e.g. e-mail).

Fulfillment
The buyer can maintain the purchase and require fulfillment from the seller. However, the buyer cannot demand fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment will result in such a great inconvenience or cost to the seller that it is in material disproportion at the buyer's interest in the seller's fulfillment. Should the difficulties lapse away within a reasonable time, the buyer may still require fulfillment.

The buyer loses his or her right to demand fulfillment if he or she waits unreasonably long to make the claim.

Cancellation
If the seller does not deliver the goods at the time of delivery, the buyer shall encourage the seller to deliver within a reasonable additional deadline for fulfillment. If the seller does not deliver the item within the additional deadline, the buyer may cancel the purchase.

However, the buyer can cancel the purchase immediately if the seller refuses to deliver the item. The same applies if delivery at the agreed time was essential for the conclusion of the agreement, or if the buyer has informed the seller that the time of delivery is essential.

If the item is delivered after the additional deadline set by the consumer or after the time of delivery that was essential to the conclusion of the agreement, the requirement for termination must be made effective within a reasonable time after the buyer learned of the delivery.

Replacement
The buyer may claim compensation for suffered loss as a result of the delay. However, this does not apply if the seller agrees that the delay is due to obstruction beyond the seller's control which could not reasonably have been taken into account at the time of the agreement, avoided, or overcome the consequences of.

10. Shortage of the item - buyer's rights and warranty period

If there is a shortage of the item, the buyer must be purchased within a reasonable time after it was discovered or should have been discovered, notify the seller that he or she will invoke the defect. The buyer has always advertised on time if it happens within 2 months. from the defect was detected or should have been detected. Complaints can occur no later than two years after the buyer took over the item. If the item or part of it is intended to last substantially longer than two years, the claim period is five years.

If the goods have a defect and this is not due to the buyer or conditions on the buyer's part, the buyer may, according to the rules of the Consumer Purchase Act Chapter 6, in the circumstances, withhold the purchase price, choose between correction and redelivery, demand a price reduction, claim the agreement raised and/or claim compensation from the seller.

Complaints to the seller should be made in writing.

Correction or redelivery
The buyer can choose between requiring the defect corrected or the delivery of similar things. The seller may nevertheless object to the buyer's claim if the implementation of the claim is impossible or the seller has unreasonable costs. Correction or redelivery shall be made within a reasonable time. The seller is not entitled to make more than two relief attempts for the same shortage.

Price reduction
The buyer may require an appropriate price reduction if the item is not corrected or redelivered. This implies that the ratio of the discounted and agreed price corresponds to the ratio of the value of the thing in inadequate and contractual condition. If particular reasons speak for it, the price refusal may instead be equal to the importance of the defect to the buyer.

Cancellation
If the item has not been corrected or redelivered, the buyer may also cancel the purchase when the defect is not immaterial.

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

If the buyer does not pay or fulfils the other obligations under the agreement or the law, and this is not due to the seller or conditions on the part of the seller, the seller may, according to the rules of the Consumer Purchase Act Chapter 9, in the circumstances, withhold the goods, demand the fulfilment of the agreement, claim the agreement raised and claim compensation from the buyer. The seller may also, in the circumstances, charge interest in the event of a delayed payment, debt collection fee and a reasonable fee for unclaimed goods.

Fulfillment
The seller may maintain the purchase and require the buyer to pay the purchase price. If the item is not delivered, the seller loses his right if he waits unreasonably long to make the claim.

Cancellation
Seller may terminate the agreement if there is a material payment default or other material default on the part of the buyer. However, the seller cannot raise 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 cancel the purchase.

Fulfillment
The seller may maintain the purchase and require the buyer to pay the purchase price. If the item is not delivered, the

Interest on delayed payment/debt collection fee
If the buyer does not pay the purchase price under the agreement, the seller may charge interest on the purchase price under the Interest Rate Act. In the event of non-payment, the claim may, after prior notice, be sent to the Buyer may then be held liable for a fee pursuant to the Debt Collection Act.

Unclaimed non-prepaid goods charge
If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee shall cover the seller's actual expense seller to deliver the item to the buyer. Such a fee cannot be charged to buyers under the age of 18.

12. Warranty

Warranty given by the seller or manufacturer gives the buyer rights in addition to those already provided by the buyer under mandatory legislation. A warranty thus does not imply any limitations in the buyer's right to claim and claim in case of delay or defects pursuant to sections 9 and 10.

13. Personal Data

The data controller for collected personal data is the seller. Unless the buyer agrees otherwise, the seller may, in accordance with the Personal Data Act, only collect and store the personal data necessary for the seller 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 the statutory case.

14. Dispute Resolution

Who's obliged to submit, guidance, form and deadlines points 9 and 10. The parties shall endeavour to resolve any disputes amicably. If this is not successful, the buyer may contact the Consumer Council for mediation. The Consumer Council is available by phone 23 400 500 or www.forbrukerradet.no.