Terms of sale

Standard terms of sale for consumer purchase of goods over Internet

Introduction

This purchase is regulated by the standalone standard terms of sale for consumer purchase of goods over the Internet. With consumer purchases, here is the sale of goods to consumers who do not mainly act as part of business, and when the seller acts in business with the sale of goods over the Internet. The contract has been prepared and recommended used by the Consumer Ombudsman.

Consumer purchases over the Internet are mainly governed by the Agreement Act, the Consumer Purchasing Act, the Marketing Act, the Law of Considers and the Ecommerce Act, and these laws provide consumer non-compliance rights. The terms of the contract shall not be understood as any restriction on the statutory rights, but establish the parties’ main rights and obligations for the trade. The seller may choose to offer the buyer better terms than that stated in these terms of sale.

In cases where the contract does not directly provide the solution to a problem, the contract must be supplemented by relevant legal provisions.

1. Agreement

The agreement between the buyer and the seller consists of the information the seller provides for the purchase in the ordering solution in the online store (during, among other things, information on the nature of the goods, quantity, quality, other characteristics, price and delivery conditions), any direct correspondence between the parties (for example, email) as well as these terms of sale.

At the contrary between the information the seller has provided 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 provided in the ordering solution preceding the terms of the sale, so forth it does not conflict with binding legislation.

2. Parties

Seller Company Name: Jabiru Scandinavia AS
Contact address: Broadbuktnesveien 18, 9522 Kautokeino
Email: Post@jabiru.no
Phone number: +4797725593
Organization number: 985833966

Buyer is the person who makes the order.

3. Prices

The prices, which are stated in the online store, include value added tax.

Information on the total costs the buyer will pay, including all fees (value tax, customs, and the like) and delivery costs (suit, postage, invoice fee, packaging with further) as well as specifying the individual elements of the total price, is given in the ordering solution before ordering is made. (Vare deliveries to Svalbard or Jan Mayen shall be sold without the addition of value added tax. (1)

4. Agreement Inclusion

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 has been writing 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 it was such a mistake.

5. Order Confirmation

Once the seller has received the buyer’s order, the seller shall, without undue delay, confirm the order by sending an order confirmation to the buyer.
It is recommended that the buyer verify that the order confirmation is consistent with the order with respect to the number, product type, price, etc. there is no conformity between the order and the order confirmation, the buyer should contact the seller as soon as possible.

6. Payment

The seller may require payment for the item from the time it is sent from the seller to the buyer.

Dersome the buyer uses credit cards (2) or debit card (3) by payment, the seller may reserve the purchase price on the card at the order for up to 4 days from the order. (4)

For credit card payment, the Credit Purchase Act will come to use. (5)

Offers the seller after-invoicing, the invoice to the buyer shall be issued by shipment of the item. The maturity deadline shall be set at least 14 days from the buyer receiving the shipment.

Has the seller special needs to claim prepayment from the buyer, such as through impact purchases, the seller may require this.

Buyers under the age of 18 can only pay directly at the seller’s delivery of the item or by handing out the item by mailing requirements. (6)

7. Delivery etc.

Delivery of the item from the seller to the buyer takes place in that way, at the time specified in the ordering solution in the online store.

If the delivery time does not appear in the booking solution, the seller shall deliver the item to the buyer within a reasonable time and no later than 30 days of the order from the customer. Should the seller ensure that the item is sent to the buyer, he is obliged to have the item shipped to the destination in a suitable manner and on common terms for such transport. The place of determination is with the buyer unless otherwise separate is agreed between the parties.

8. The risk to the item

The risk to the item goes on to the buyer when the thing is taken over by the buyer under the agreement. If the delivery time has come and the buyer fails to take over a item made at his or her disposal after the agreement, the buyer still has the risk of loss or damage due to characteristics of the item itself.

9. Regret

The buyer may undo the purchase of the item under the provisions of the right of withdrawal law (7). Regret means that the buyer can return the item to the seller for no reason even if there is no shortage of it and even if it is not delivered.

The buyer must notify the seller of the use of the right of withdrawal within 14 days of the receipt of the item, the prescribed information on the right of withdrawal and the right of withdrawal form. Does the buyer receive an undo form and the necessary information at a later date than when delivering the item, the regret begins to run from the day the buyer receives the right of withdrawal form and the information. Has the buyer not received sufficient information or right of withdrawal form, the undo deadline will still expire 3 months after the item is received. As the buyer has not received information on right of withdrawal at all, the deadline will be 1 year.

The message from the buyer to the seller about the use of the right of withdrawal should be in writing (the right form, email, fax or letter), and it must contain information on how the buyer will return the item to the seller.

When using the right of withdrawal, the item must be returned to the seller within a reasonable time. The seller is obliged to repay the entire purchase price to the buyer within 14 days of the day the seller receives the item or the benefit portion or the item is made at the seller’s disposal. The seller cannot set fees for the buyer’s use of the right of withdrawal, but the seller may require the buyer to pay the cost of the return shipment.

The buyer can examine the product before he or she regrets the purchase. However, the item must be able to be returned to the seller in almost the same condition and amount as it was in when the buyer received it. The buyer should send the item back to the seller in the original packaging if possible.

The buyer cannot regret the purchase of goods that are deteriorating quickly, goods that, by their nature, cannot be rescheduled, or on audio and image recording (curing CDs, DVDs) or computer programs where the seal is broken. The latter exception applies only if the seller has clearly and clearly stated the conditions for the loss of withdrawal on the seal.

10. Survey of the item

When the buyer receives the item, it is recommended that he or she examine in reasonable extent whether it is in accordance with the order, whether it has been damaged during the transport or whether it otherwise has deficiencies.

If the item does not match the order or is missing, the buyer must report to the seller by advertising jf. paragraph 11 of the contract.

11. Advertising by deficiency and deadline for reporting requirements by delay

As there is a shortage of the item, the buyer must within a reasonable time after he or she discovered it, give the seller a message that he or she will invoke the deficiency.

The deadline can never be shorter than two months from the time the consumer discovered the deficiency. However, advertising must be made no later than two years after the buyer took over the item. As the item or parts of it are intended to last significantly longer, the advertising deadline is five years.

Upon delay, claims must be corrected by the seller within a reasonable time after the delivery time has arrived and the item has not been delivered.

As the item is paid by credit card, the buyer can also choose to advertise and send claims directly to credit provider (credit card company).(8)

The message to the seller or credit provider should be in writing (email, fax or letter).

12. Buyer's rights by delay

As the seller does not deliver the item or deliver it too late under the agreement between the parties, and this is not due to the buyer or relationship on the buyer’s side, the buyer may, in accordance with the rules of Chapter 5 of the Consumer Purchase Act, according to the circumstances, hold the purchase price back, claim fulfillment, raise the agreement and claim compensation from the seller.

Fulfillment: As the seller does not deliver the item at the time of delivery, the buyer can maintain the purchase and set a reasonable ticker deadline for fulfillment from the seller. However, the buyer cannot claim fulfillment if there is an obstacle that the seller cannot overcome or if fulfillment will result in such a major disadvantage or cost to the seller that it is in significant disparity to the buyer’s interest in the seller meeting. Falling the difficulties away within a reasonable time, the consumer may require fulfillment.

Raising: The buyer may raise the agreement with the seller if the delay is substantial or if the seller does not deliver the item within the additional deadline for fulfillment provided by the buyer. However, the buyer cannot raise the agreement while the additional deadline is running, unless the seller has said that he or she will not meet within the deadline.

Compensation: The buyer may further claim compensation for losses he or she suffers as a result of the delay from the seller’s side cf. section 24 of the Consumer Purchase Act.

The buyer must report claims to the seller by advertising jf. point 11 of this contract.

13. Buyer's rights by lack

Where the item has a deficiency and this is not due to the buyer or relationship on the buyer’s side, the buyer may, in accordance with the rules of the Consumer Purchase Act Chapter 6 according to the circumstances, hold the purchase price back, choose between correction and handover, require price declines, claim the agreement raised and compensation from the seller.

Correction or handover: Where the item has a deficiency, the buyer may require the seller to correct the defect or transfer the corresponding item. The seller may oppose the buyer’s claim if the execution of the claim is impossible or the seller’s unreasonable costs.

The seller shall make the correction or transfer within a reasonable time. Correction or handover shall be made at no cost to the buyer, without the risk that the buyer will not be covered his outlay and without significant disadvantage to the buyer. The seller cannot make more than two attempts at correction or handover for the same deficiency, unless there are special reasons that make further attempts reasonable.

Although the buyer does not require correction or handover, the seller may offer correction or handover if this occurs without stay. As the seller provides such correction or handover, the buyer cannot claim a price rejection or raising.

Price range: If the deficiency is not corrected or delivered, the buyer may require a proportionate price range.

Raising: Instead of price declines, the buyer can raise the agreement, except when the deficiency is insignificant.

Compensation: The buyer may also claim compensation for financial loss he or she suffers as a result of the item having a lack of jf. section 33 of the Consumer Purchase Act.

The buyer must report claims to the seller by advertising jf this contract paragraph 11. The rules on advertising apply in addition to, and regardless of, the rules of right of withdrawal and any guarantees provided by the seller.

14. The seller's rights at the buyer's default

As the buyer does not pay or fulfill the other duties under the agreement, and this is not due to the seller or relationship on the seller’s side, the seller may, in accordance with the rules of the Consumer Purchase Act Chapter 9, with the circumstances, hold the item back, claim the agreement raised and compensation from the buyer. The seller may also, in the circumstances, claim interest on late payment, debt collection fee and fee for non-repayed uninterpreted goods.

Fulfillment: As the buyer does not pay, the seller can maintain the purchase and require the buyer to pay the purchase price (filling). Is the item not delivered, the seller loses his right if he waits unreasonably long to promote the claim.

Raising: In material payment default or other material default from the buyer, the seller may raise the agreement. However, the seller cannot raise after the purchase price is paid.

The seller may also raise the purchase if the buyer does not pay within a reasonable additional deadline for fulfillment provided by the seller. However, the seller cannot raise while the additional deadline is running unless the buyer has said he or she will not pay.

Compensation: The seller may claim compensation from the buyer for financial loss he or she suffers as a result of breach of contract from the buyer’s side jf. section 46 of the Consumer Purchase Act.

Interest on delayed payment/inkasso fee: As the buyer does not pay the purchase price under the agreement, the seller may claim interest of the purchase price under the late payment law.(9) For non-payment, the claim, after prior notice, may be sent to debt collection, and the buyer may then be held liable for fees under the Taxation Act and other recovery of overdue money requirements.(10)

Fees at uninterpreted non-repayable goods: If the buyer fails to retrieve unpaid goods, the seller may charge the buyer with a fee of kr + shipping trip/retur. The fee must meet the seller’s actual outlay to deliver the item to the buyer. Such a fee cannot be charged to buyers under 18 years of age. (11)

15. Warranty

Warranty given by the seller or producer gives the buyer rights in addition to the rights the buyer already has under indispensable legislation. A guarantee thus involves no restrictions on the buyer’s right to advertising and requirements for delay or deficiencies under paragraphs 12 and 13.

16. Personal information (12)

Unless the buyer consents to something else, the seller may only obtain and store the personal data necessary for the seller 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 data shall only be disclosed to others if it is necessary for the seller to be implemented with the buyer, or in the statutory case.

The seller can only obtain the buyer’s social security number if there is a factual need for safe identification and such collection is necessary.

If the seller wants to use the buyer’s personal information for other purposes, such as sending the buyer advertising or information beyond what is necessary to implement the agreement, the seller must obtain the buyer’s consent at the conclusion of the agreement. The seller must provide the buyer with information on what the personal information should be used for and on who should use the personal information. The buyer’s consent must be voluntary and rejected by an active act, for example by check-out.

The buyer should easily be able to contact the seller, such as per phone or email if he or she has any questions about the seller’s use of personal data or if he or she wants the seller to delete or change the personal information.

17. Conflict Resolution

The parties shall try to resolve any disputes in amicableity. The buyer can contact the Consumer Council for assistance in any dispute with the seller. Where amicable solution is not achieved after mediation in the Consumer Council, the parties may request in writing that the Consumer Council promote the dispute for the Consumer Dispute Committee.13 Adoption of the Consumer Dispute Committee is enforceable four weeks after preaching. Before the decision is enforceable, the parties may, by submitting a subpoena to the Consumer Dispute Committee, bring the decision to the District Court.

18. source List

1. See Act of June 19, 1969 No. 66 on VAT section 16.

2. A credit card is a payment card where the settlement for the purchase occurs afterwards in that the crediter (credit card company) sends a card holder invoice with payment requirements.

3. A debit card is a payment card related to a deposit account. Use of the card causes the user’s account to be charged and the amount is transferred to the payee’s account.

4. Jf. pattern agreement prepared by the Joint Contract Committee for the Sparebank Association and the main organization of the Financial Industry – Credit Card Agreement and Billing Card – Consumer Conditions paragraph 12 and Pattern Terms prepared by the Sparebank Association and the Financial Industry’s main payment card organization paragraph 11.

5. Law of 21 June 1985 No. 82 on credit purchases etc.

6. Persons under the age of 18 can only pay in the said ways as they cannot pin down the law of April 22, 1927 on guardianship of the unauthor (vgml.) § 2.

7. Law of December 21, 2000 No. 105 on the duty of disclosure and right of withdrawal and sale outside the fixed outlet (the right of withdrawal).

9. Act of December 17, 1976 No. 100 on interest on late payment.

10. Law of 13 May 1988 No. 26 on debt collection and other recovery of due money requirements.

11. Fees cannot be deprived of persons under the age of 18 when these cannot staple debt jf. vgml. § 2.

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

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