Standard Terms of Sale

Standard Terms of Sale for Consumer Purchases of Goods over the Internet

Introduction

This purchase is governed by the following standard terms of sale for consumer purchases of goods over the Internet. Consumer purchases over the internet are primarily regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Withdrawal Act, and the E-commerce Act, and these laws provide the consumer with inalienable rights. The laws are available at www.lovdata.no. The terms of this agreement shall not be understood as a limitation of statutory rights, but rather define the parties’ most important rights and obligations for the transaction.

These 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 solution, and any specifically agreed-upon terms. In case of any conflict between the information, what has been specifically agreed upon between the parties takes precedence, provided it does not conflict with mandatory legislation.

The agreement will also be supplemented by relevant legal provisions regulating the purchase of goods between businesses and consumers.

2. The Parties

The seller is CAN IMPORT AS, Bera terrasse 30E, 3026 Drammen, Norway
Email: thor.johansen@royalpurple.no, Mobile phone number: +47 91392002, Organization number: 917 023 883, and is hereinafter referred to as the seller.

The 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 fees and additional costs. The buyer shall not bear any additional costs that the seller has not informed about before the purchase.

4. Conclusion of Agreement

The agreement is binding for both parties when the buyer has sent their order to the seller.

However, the agreement is not binding if there have been writing or typing errors in the seller’s offer in the online store’s ordering solution 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 item from the time it is 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 upon ordering. The card will be charged on the same day the item is shipped.

For invoice payments, the invoice to the buyer will be issued upon shipment of the item. 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 has occurred when the buyer, or their representative, has taken possession of the item.

Unless a delivery time is specified in the ordering solution, the seller shall deliver the item to the buyer without undue delay and no later than 30 days after the customer’s order. The item shall be delivered to the buyer unless otherwise specifically agreed upon between the parties.

7. Risk for the Item

The risk for the item passes to the buyer when they, or their representative, have received the goods in accordance with point 6.

8. Right of Withdrawal

Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw from 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 when the deadline begins to run. All calendar days are included in the deadline. If the deadline ends on a Saturday, public holiday, or national holiday, the deadline is extended to the nearest working day.

The withdrawal period is considered observed if notification is sent before the expiry of the deadline. The buyer bears the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be in writing (withdrawal form, email, or letter).

The withdrawal period begins to run:

  • For purchases of single items, the withdrawal period will run from the day after the item(s) are received.
  • If a subscription is sold, or if 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 withdrawal 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 deadline if the seller does not inform about the right of withdrawal and a standardized withdrawal form before the agreement is concluded. The same applies to a lack of information about the terms, deadlines, and procedure for exercising the right of withdrawal. If the trader provides the information within these 12 months, the withdrawal period still expires 14 days after the day the buyer received the information.

When exercising the right of withdrawal, the item must be returned to the seller without undue delay and no later than 14 days from the notification of the exercise of the right of withdrawal. The buyer covers the direct costs of returning the item, unless otherwise agreed or the seller has failed to inform that the buyer shall cover the return costs. The seller cannot charge a fee for the buyer’s exercise of the right of withdrawal.

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

The seller is obliged to refund the purchase price to the buyer without undue delay, and no later than 14 days from when the seller received notification of the buyer’s decision to exercise the right of withdrawal. The seller has the right to withhold payment until they have received the goods from the buyer, or until the buyer has provided documentation that the goods have been sent back.

9. Delay and Non-Delivery – Buyer’s Rights and Deadline for Claim Notification

If the seller does not deliver the item or delivers it 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, depending on the circumstances, withhold the purchase price, demand fulfillment, cancel the agreement, and/or demand compensation from the seller.

When claiming remedies for breach, the notification should be in writing for evidentiary purposes (e.g., email).

Fulfillment

The buyer may uphold the purchase and demand fulfillment from the seller. However, the buyer cannot demand fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment would entail such a significant inconvenience or cost for the seller that it is in substantial disproportion to the buyer’s interest in the seller fulfilling. Should the difficulties disappear within a reasonable time, the buyer may still demand fulfillment.

The buyer loses their right to demand fulfillment if they wait an unreasonably long time to make the claim.

Cancellation

If the seller does not deliver the item at the time of delivery, the buyer shall urge 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 may cancel the purchase immediately if the seller refuses to deliver the item. The same applies if delivery at the agreed time was crucial for the conclusion of the agreement, or if the buyer has informed the seller that the delivery time is crucial.

If the item is delivered after the additional deadline set by the consumer or after the delivery time that was crucial for the conclusion of the agreement, a claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.

Compensation

The buyer may claim compensation for losses suffered as a result of the delay. However, this does not apply if the seller proves that the delay is due to an obstacle beyond the seller’s control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome its consequences.

10. Defect in the Item – Buyer’s Rights and Complaint Deadline

If there is a defect in the item, the buyer must, within a reasonable time after it was discovered or should have been discovered, notify the seller that they wish to invoke the defect. The buyer has always complained in time if it occurs 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 possession of 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, depending on the circumstances, withhold the purchase price, choose between rectification and redelivery, demand a price reduction, demand the agreement be cancelled, and/or demand compensation from the seller.

Complaints to the seller should be made in writing.

Rectification or Redelivery

The buyer may choose between demanding the defect be rectified or delivery of a corresponding item. However, the seller may refuse the buyer’s claim if its implementation is impossible or causes the seller unreasonable costs. Rectification or redelivery shall be carried out within a reasonable time. The seller is generally not entitled to make more than two attempts at remedy for the same defect.

Price Reduction

The buyer may demand an appropriate price reduction if the item is not rectified or redelivered. This means that the relationship between the reduced and agreed price corresponds to the relationship between the item’s value in defective and contractual condition. If special reasons warrant it, the price reduction may instead be set equal to the significance of the defect for the buyer.

Cancellation

If the item is not rectified or redelivered, the buyer may also cancel the purchase when the defect is not insignificant.

11. Seller’s Rights in Case of Buyer’s Breach

If the buyer does not pay or fulfill other obligations under the agreement or 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, depending on the circumstances, withhold the item, demand fulfillment of the agreement, demand the agreement be cancelled, and demand compensation from the buyer. The seller may also, depending on the circumstances, demand interest on overdue payment, collection fees, and a reasonable fee for uncollected items.

Fulfillment

The seller may uphold the purchase and demand that the buyer pays the purchase price. If the item has not been delivered, the seller loses their right if they wait an unreasonably long time to make the claim.

Cancellation

The seller may cancel the agreement if there is a significant payment default or other significant breach by the buyer. However, the seller cannot cancel if the entire 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.

Interest on Overdue Payment / Collection Fees

If the buyer does not pay the purchase price in accordance with the agreement, the seller may demand interest on the purchase price according to the Interest on Overdue Payments Act. In case of non-payment, the claim may, after prior notice, be sent for collection. The buyer may then be held responsible for fees according to the Debt Collection Act.

Fee for Uncollected Non-Prepaid Items

If the buyer fails to collect unpaid items, the seller may charge the buyer a fee. The fee shall at most cover the seller’s actual expenses for delivering the item to the buyer. Such a fee cannot be charged to buyers under 18 years of age.

12. Warranty

A warranty given by the seller or manufacturer grants the buyer rights in addition to those the buyer already has under mandatory legislation. A warranty therefore does not imply any limitation on the buyer’s right to complain and claim in case of delay or defects according to points 9 and 10.

13. Personal Data

The data controller for 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 necessary for the seller to fulfill its obligations under the agreement. The buyer’s personal data will only be disclosed to others if it is necessary for the seller to fulfill the agreement with the buyer, or in cases stipulated by law.

14. Dispute Resolution

Complaints should be directed to the seller within a reasonable time, cf. points 9 and 10. The parties shall attempt 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 at 23 400 500 or www.forbrukerradet.no.

The European Commission’s complaint portal can also be used if you wish to submit a complaint. This is particularly relevant if you are a consumer residing in another EU country. The complaint can be submitted here: http://ec.europa.eu/odr.