Terms and conditions
These sales conditions apply to the purchase of products at: folkestarteren.no.
Introduction
Standard conditions of sale for consumer purchases of goods over the Internet ("the conditions of sale") aim to ensure that e-commerce takes place in accordance with current consumer legislation, including the Consumer Purchase Act, the Right of Cancellation Act and the E-commerce Act.
Consumer purchase means the sale of goods from a trader to a consumer who does not mainly act as part of a business, and when the seller acts as a business by selling goods over the Internet. The contract has been drawn up and recommended for use by the Consumer Ombudsman.
These sales conditions and the consumer legislation give the consumer inalienable rights. Listed will be the consumer's most important rights and obligations for the trade. The seller can choose to offer buyers better terms than what appears in these sales conditions.
In cases where the contract does not directly provide the solution to a problem, the contract must be supplemented with relevant legal provisions.
1. Agreement
The agreement between buyer and seller consists of the information the seller provides about the purchase in the ordering solution in the online store (including, among other things, information about the nature, quantity, quality, other properties, price and delivery conditions of the goods), any direct correspondence between the parties (for example, e-mail) as well as these conditions of sale.
In the event of a conflict between the information the seller has provided about the purchase in the order solution in the online store, direct correspondence between the parties and the conditions in the sales conditions, direct correspondence between the parties and the information provided in the order solution takes precedence over the sales conditions, as long as it does not conflict with binding legislation.
2. The parties
Seller
- Osnordic AS
- Postboks (PO Box) 181 Bryn, 0611 Oslo
- Email: post@osnordic.com
- Organization number: 915 747 191
Buyer is the person, organization or company that makes the order.
3. Price
The prices, which are stated in the webshop, exclude value added tax.
Information about the total costs the buyer must pay, including all taxes (value added tax, customs, etc.) and delivery costs (freight, postage, invoice fee, packaging etc.) as well as specification of the individual elements in the total price, is given per invoice after the order has been approved.
4. Conclusion of contract
The agreement is binding for both parties when the seller has carried out a credit check on the buyer and the order has been approved. The item the buyer has ordered must be in stock before the order is approved. The seller will send an invoice to the buyer when the requirements have been met.
The agreement is nevertheless not binding if there has been a typing or typing error 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 there was such an error.
5. Order confirmation
When the seller has received the buyer's order, the seller must confirm the order without undue delay by sending an order confirmation to the buyer.
It is recommended that the buyer checks that the order confirmation agrees with the order with regard to quantity, product type, price, etc. If there is a discrepancy between the order and the order confirmation, the buyer should contact the seller as soon as possible.
6. Payment
See Act of 19 June 1969 No. 66 on VAT § 16.
An invoice is a payment method where the seller sends a document to the buyer confirming the purchase between the parties. The buyer is responsible for paying this. The invoice is a documentation of the payment obligation to the buyer and receivables to the seller.
The payment takes place after the customer has placed an order, a credit check has been carried out and the seller has the product in stock. The seller decides whether the buyer pays before or after the goods have been received, or according to agreement. The buyer will receive an invoice from the seller when the credit check has been accepted and the product is available in the seller's warehouse.
If the seller has a special need to demand an advance payment from the buyer, for example in the case of manufacturing purchases, the seller can demand this.
Buyers under the age of 18 can only pay directly when the seller delivers the item or when the item is delivered by cash on delivery.
7. Shipping
Delivery of the goods from the seller to the buyer takes place in the manner, at the place and at the time indicated in the order solution in the online store. Normal delivery time is from 3-5 working days. The time depends on where in the country the package is to be sent, where the package is sent from, what time of day and which day of the week the package is sent.
If the delivery time is not specified in the order solution, the seller must deliver the goods to the buyer within a reasonable time and no later than 30 days after the order from the customer. If the seller is to ensure that the goods are sent to the buyer, he is obliged to have the goods transported to the destination in a suitable manner and under normal conditions for such transport. The place of destination is with the buyer, unless otherwise separately agreed between the parties.
8. The risk of the goods
The risk for the item passes to the buyer when the item has been taken over by the buyer in accordance with the agreement. If the delivery time has arrived and the buyer fails to take over an item that has been placed at his or her disposal according to the agreement, the buyer still bears the risk of loss or damage due to the characteristics of the item itself.
If the item is rented, for example a CardiAid defibrillator, the renter must ensure that it is well looked after. Damage due to incorrect use or careless action may be subject to a fee. Improper use and careless handling are damages and problems that do not occur with normal handling of the product.
9. Right of withdrawal
Unless the agreement is exempt from the right of cancellation, the buyer can cancel the purchase of the goods in accordance with the Right of Cancellation Act.
The buyer must notify the seller of using the right of withdrawal within 14 days of the deadline starting to run. The deadline includes all calendar days. If the deadline ends on a Saturday, holiday or bank holiday, the deadline is extended to the nearest working day.
The withdrawal period is deemed to have been met if notification is sent before the end of the period. The buyer has the burden of proof that the right of withdrawal has been exercised, and the notificatihereon should therefore be made in writing (right of withdrawal form, e-mail or letter).
The cancellation period starts when:
- When purchasing individual items, the cancellation period will run from the day after the item(s) have been 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 several deliveries, the cancellation period will run from the day after the last delivery has been received.
The cancellation period is extended to 12 months after the end of the original period if the seller does not inform the seller before the conclusion of the agreement that there is a right of cancellation and a standardized cancellation form. The same applies in the event of a lack of information on terms, deadlines and procedures for exercising the right of withdrawal. If the trader makes sure to provide the information during these 12 months, the cancellation 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 the notification of the use of the right of withdrawal being given. The buyer covers the direct costs of returning the item, unless otherwise agreed or the seller has failed to state that the buyer must cover the return costs. The seller cannot set a fee for the buyer's use of the right of withdrawal.
The buyer can try or test the goods in a proper way to determine the nature, properties and function of the goods, without the right of withdrawal being lost. If the examination or testing of the goods goes beyond what is reasonable and necessary, the buyer may be held 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 seller receiving notification of the buyer's decision to exercise the right of withdrawal. The seller has the right to withhold payment until he has received the goods from the buyer, or until the buyer has submitted documentation that the goods have been sent back.
10. Examination of the item
When the buyer receives the item, it is recommended that he or she examines to a reasonable extent whether it is in accordance with the order, whether it has been damaged during transport or whether it otherwise has defects.
If the item does not match the order or has defects, the buyer must notify the seller in the event of a complaint, cf. clause 11 of the contract.
11. Defects in the product - 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 he or she wants to claim the defect. The buyer has always complained in sufficient time if it happens 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 item. If the product or parts of it are intended to last significantly longer than two years, the complaint deadline 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 of the Consumer Purchase Act, chapter 6, withhold the purchase price, choose between rectification and redelivery, demand a price reduction, demand the contract terminated and/or demand compensation from the seller.
Complaints to the seller should be made in writing.
Correction or redelivery
The buyer can choose between demanding that the defect be rectified or delivery of similar items. The seller can nevertheless object to the buyer's claim if the implementation of the claim is impossible or causes the seller unreasonable costs. Correction or redelivery must be made within a reasonable time. In principle, the seller does not have the right to make more than two remedial attempts for the same defect.
Price reduction
The buyer can claim an appropriate price reduction if the item is not corrected or re-delivered. This means that the ratio between the reduced and agreed price corresponds to the ratio between the item's value in defective and contractual condition. If there are special reasons for this, the price discount can instead be set equal to the significance of the defect for the buyer.
Redhibition
If the item has not been corrected or re-delivered, the buyer can also cancel the purchase if the defect is not insignificant.
12. Buyer's rights in case of delay
If the seller does not deliver the goods at the time of delivery, the buyer can maintain the purchase and set a reasonable additional deadline for fulfillment by the seller. However, the buyer cannot demand fulfillment if there is an obstacle that the seller cannot overcome or if fulfillment will cause such a great inconvenience or cost to the seller that it is significantly out of proportion to the buyer's interest in the seller fulfilling. If the difficulties disappear within a reasonable time, the consumer can demand fulfillment.
Act of 21 June 1985 no. 82 on credit purchases, etc. Section 8.
Redhibition
The buyer can terminate the agreement with the seller if the delay is significant or if the seller does not deliver the goods within the additional deadline for fulfillment that the buyer has set. The buyer cannot nevertheless cancel the agreement while the additional deadline is running, unless the seller has said that he or she will not fulfill within the deadline.
Replacement
The buyer can also claim compensation for losses he or she suffers as a result of the delay on the part of the seller, cf. Section 24 of the Consumer Purchase Act.
The buyer must report claims to the seller in the event of a complaint, cf. clause 11 of this contract.
13. he seller's rights in the event of the buyer's breach of contract
If the buyer does not pay or fulfill the other obligations under the agreement, and this is not due to the seller or conditions on the seller's side, 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 canceled and compensation from the buyer. The seller may also, depending on the circumstances, be able to demand interest in the event of late payment, debt collection fees and fees for non-prepaid uncollected goods.
Fulfillment
If the buyer does not pay, the seller can maintain the purchase and demand that the buyer pays the purchase price (fulfillment). If the goods have not been delivered, the seller loses his right if he waits an unreasonably long time to make the claim.
Redhibition
In the event of significant payment default or other significant default by the buyer, the seller can terminate the agreement. The seller cannot withdraw after the purchase price has been paid.
The seller can also cancel the purchase if the buyer does not pay within a reasonable additional deadline for fulfillment that the seller has set. However, the seller cannot cancel while the additional period is running, unless the buyer has said that he or she does not want to pay.
Compensation: The seller can claim compensation from the buyer for financial loss he or she suffers as a result of the buyer's breach of contract, cf. Section 46 of the Consumer Purchase Act.
Interest in case of late payment/collection fee
If the buyer does not pay the purchase price in accordance with the agreement, the seller can claim interest on the purchase price in accordance with the Act on Interest in Late Payment. In the event of non-payment, the claim may, after prior notice, be sent to debt collection, and the buyer may then be held liable for fees in accordance with the law on debt collection activities and other collection of overdue monetary claims.
14. Warranty
A warranty given by the seller or the manufacturer gives the buyer rights in addition to those the buyer already has under non-derogable legislation. A guarantee thus implies no restrictions on the buyer's right to complaint and claims in the event of delay or defects according to clauses 12 and 13.
15. Personal data
Unless the buyer agrees to something else, the seller can only obtain and store the personal data that is necessary for the seller to be able to carry out the obligations under the agreement. The personal details of buyers under the age of 15 cannot be obtained unless the seller has consent from parents or guardians. The buyer's personal data must only be disclosed to others if it is necessary for the seller to complete the agreement with the buyer, or in statutory cases.
The seller can only obtain the buyer's social security number if there is a material need for secure identification and such collection is necessary.
Act of 17 December 1976 no. 100 on interest for late payment.
Act of 13 May 1988 no. 26 on debt collection activities and other recovery of overdue monetary claims.
Fees cannot be charged to persons under the age of 18, as they cannot incur debt, cf. Section 2.
See Act of 14 April 2000 no. 31 on the processing of personal data.
If the seller wants to use the buyer's personal data for other purposes, for example to send the buyer advertising or information beyond what is necessary to complete the agreement, the seller must obtain the buyer's consent at the conclusion of the agreement. The seller must provide the buyer with information about what the personal data will be used for and about who will use the personal data. The buyer's consent must be voluntary and given by an active action, for example by ticking the box.
The buyer must be able to easily contact the seller, for example by telephone or e-mail if he or she has questions about the seller's use of personal data or if he or she wants the seller to delete or change the personal data.
16. Conflict resolution
Complaints must be addressed to the seller within a reasonable time, cf. points 9 and 10. The parties must try to resolve any disputes amicably. If this is not successful, the buyer can contact the Consumer Council for mediation. The Consumer Council is available on phone 23 400 500 or www.forbrukerradet.no.
The European Commission's complaints portal can also be used if you wish to lodge a complaint. It is particularly relevant if you are a consumer living in another EU country. The complaint is filed here: http://ec.europa.eu/odr.
