GENERAL
This purchase is governed by the following standard terms and conditions for consumer purchases of goods over the Internet. A consumer purchase refers to the sale of goods to a consumer who is not primarily acting in the course of business, and where the seller operates in business selling goods online.
Sales to consumers are regulated by, among other things, the Consumer Purchase Act and the Right of Withdrawal Act.
THE AGREEMENT
The agreement between the buyer and seller consists of the information provided by the seller regarding the purchase in the online store’s ordering system (including, but not limited to, information about the nature, quantity, quality, other characteristics, price, and delivery conditions of the goods), any direct correspondence between the parties (e.g., via email), and these terms and conditions.
In the event of a conflict between the information provided by the seller about the purchase in the online store’s ordering system, direct correspondence between the parties, and the terms of sale, direct correspondence between the parties and the information provided in the ordering system take precedence over these terms and conditions, as long as this does not conflict with mandatory legislation.
THE PARTIES
Seller
Company Name: Commerce Group AS
Contact Address: Tømmeråsen 25a, 1555 Son
Email: kontakt@klokkereimer.no
Phone: +47 908 88 688
Organization Number: 927550881
The buyer is the person who places the order.
PRICES
The prices listed in the online store include VAT unless the buyer chooses to display prices without VAT or is registered as a user from a country outside of Norway. Information about the total costs the buyer must pay, including all taxes (VAT, customs, etc.) and delivery costs (shipping, postage, invoicing fees, packaging, etc.), as well as a breakdown of the individual elements in the total price, is provided in the ordering system before the order is placed. (Goods delivered abroad, to Svalbard, or Jan Mayen are sold without VAT.)
CONTRACT FORMATION
The agreement is binding for both parties once the seller has received the buyer’s order. However, a party is not bound by the agreement if there are typing or entry errors in the seller’s offer in the ordering system 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.
ORDER CONFIRMATION
You will receive an order confirmation by email immediately after the purchase is completed. It is recommended that the buyer checks that the order confirmation matches the order in terms of quantity, item 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.
PAYMENT
The seller may demand payment for the goods from the time they are dispatched from the seller to the buyer. If the buyer uses a credit or debit card for payment, the seller may reserve the purchase amount on the card when the order is placed.
A credit card is a payment card where the purchase is settled afterward by the credit issuer (credit card company) sending the cardholder an invoice with a payment demand. A debit card is a payment card linked to a deposit account. The use of the card causes the user’s account to be debited, and the amount is transferred to the recipient’s account.
For credit card payments, the Credit Purchase Act applies.
DELIVERY
Delivery of the goods from the seller to the buyer is made in the manner, at the place, and at the time specified in the ordering system in the online store. If the delivery time is not stated in the ordering system or in the email accompanying the order confirmation, the seller must deliver the goods to the buyer within a reasonable time and no later than 30 days after the customer’s order. If the seller is responsible for shipping the goods to the buyer, they are obliged to ensure the goods are transported to the delivery location in an appropriate manner and under standard transport conditions. The delivery location is at the buyer’s address unless otherwise specifically agreed upon by the parties.
RISK OF THE GOODS
The risk of the goods transfers to the buyer when the goods are taken over by the buyer in accordance with the agreement. If the delivery time has arrived, and the buyer fails to take over a good that has been made available to them under the agreement, the buyer still bears the risk of loss or damage due to the goods’ own characteristics.
RIGHT OF WITHDRAWAL
The buyer may cancel the purchase of the goods under the provisions of the Right of Withdrawal Act. The right of withdrawal allows the buyer to return the goods to the seller without any reason, even if there is no defect and even if the goods have not been delivered. The buyer must notify the seller of the use of the right of withdrawal within 14 days after receiving the goods, the prescribed information about the right of withdrawal, and the withdrawal form.
If the buyer receives the withdrawal form and the necessary information at a later time than when the goods are delivered, the withdrawal period begins from the day the buyer receives the withdrawal form and information. If the buyer has not received sufficient information or the withdrawal form, the withdrawal period will still expire 3 months after the goods are received. If the buyer has not received any information about the right of withdrawal, the period is 1 year.
The notification from the buyer to the seller about exercising the right of withdrawal should, for proof purposes, be in writing (withdrawal form, email, fax, or letter), and it must include information on how the buyer intends to return the goods to the seller.
The buyer must return the goods to the seller without undue delay, and no later than 14 days after the notification of withdrawal has been given. If the buyer has chosen an alternative delivery method that incurs higher costs, the seller is not responsible for these additional costs.
Refunds shall be made without undue delay and no later than 14 days after the seller is notified of the buyer’s decision to withdraw. The refund will be processed using the same payment method that the buyer used unless otherwise expressly agreed upon. The buyer shall not be charged any fees as a result of the refund.
The seller may withhold the refund until the goods are received or until the buyer has provided proof that the goods have been sent back, unless the seller has agreed to retrieve the goods.
The buyer bears the cost of returning the goods if the right of withdrawal is exercised.
INSPECTION OF THE GOODS
When the buyer receives the goods, it is recommended that they check to a reasonable extent whether they match the order, if they have been damaged during transport, or if they have any defects. If the goods do not match the order or have defects, the buyer must notify the seller via complaint according to the contract section “Complaint about Defects and Deadline for Making Claims for Delay.”
COMPLAINT ABOUT DEFECTS AND DEADLINE FOR MAKING CLAIMS FOR DELAY
If the goods have defects, the buyer must notify the seller within a reasonable time after they were discovered or should have been discovered. The buyer must provide the seller with written notice (via email, letter, etc.), where the defect is described. The buyer must do this within two months after the defect was discovered, or should have been discovered, is always considered within a reasonable time.
The buyer still has the right to make a complaint about the goods if the defect is discovered later and is not due to the goods wearing out through normal use, and if the complaint is submitted within two years from the date of delivery. For goods that are meant to last significantly longer or be used over a longer period of time, the complaint period is five years.
If the goods are defective and the buyer has complained within the prescribed time, the buyer can demand:
- Correction of the defect,
- Delivery of substitute goods (re-delivery),
- Price reduction,
- Termination of the contract, provided that the defect is not insignificant, or
- Compensation.
Corrections or re-delivery must be made within a reasonable time. The seller is not responsible for extra costs the buyer incurs if the buyer, after the defect has been discovered, chooses to have repairs done elsewhere without first getting the seller’s consent.
BUYER’S RIGHTS IN CASE OF DELAY
If the seller does not deliver the goods or delivers them too late according to the agreement between the parties, and this is not due to the buyer or circumstances relating to the buyer, the buyer can, depending on the circumstances:
- Demand fulfillment of the purchase,
- Terminate the contract and/or
- Claim compensation.
In the case of a delay, the buyer must give written notice of the claim to the seller within a reasonable time after the delivery date has passed and the goods have still not been received.
FULFILLMENT
The buyer can uphold the purchase agreement 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 cause the seller unreasonable inconvenience or costs. If the difficulties cease within a reasonable time, the buyer can still demand fulfillment.
TERMINATION
If the seller does not deliver the goods at the agreed time, the buyer can give the seller a reasonable additional deadline for fulfillment. If the seller does not deliver within this additional deadline, the buyer can terminate the purchase.
However, the buyer can immediately terminate the purchase if the seller refuses to deliver the goods. The same applies if delivery at the agreed time was essential to the conclusion of the agreement, or if the buyer has informed the seller that the time of delivery was critical.
COMPENSATION
The buyer can demand compensation for any losses suffered as a result of the delay. This does not apply if the seller can prove that the delay was due to an obstacle outside the seller’s control, which could not reasonably have been expected to be taken into account when the contract was entered into, avoided, or overcome.
WARRANTY
Warranties provided by the seller or the manufacturer give the buyer rights in addition to those they already have under mandatory law. Thus, a warranty does not limit the buyer’s right to make complaints or claims in the event of delay or defects in accordance with the “Consumer Purchase Act.”
PERSONAL DATA
The seller is responsible for the personal data provided in connection with the purchase. Unless the buyer agrees otherwise, the seller can only collect and store the personal data necessary for the seller to fulfill their 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 legal cases.
The seller can only obtain the buyer’s personal identification number if there is a legitimate need for secure identification, and this is necessary.
CONFLICT RESOLUTION
Complaints must be directed to the seller within a reasonable time. The parties should attempt to resolve any disputes amicably. If this is not possible, the buyer can contact the Norwegian Consumer Council for mediation. The Norwegian Consumer Council can be reached at: www.forbrukerradet.no.
The European Commission’s online dispute resolution platform can also be used: http://ec.europa.eu/odr.