Terms of purchase

 

Introduction:

This purchase is governed by the standard terms and conditions of sale for consumer purchases of goods over the Internet set out below. 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 non-derogable rights. The laws are available at www.lovdata.no. The terms in this agreement shall not be construed as a limitation of the statutory rights, but rather define the parties' most important rights and obligations for the transaction.

The terms of sale have been prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these terms of sale, please refer to the Consumer Authority's guide.

 

Table of Contents:

• The Agreement
• The Parties
• Price
• Conclusion of the Agreement
• Payment
• Delivery
• Risk of the Product
• Right of Withdrawal
• Delay and Non-delivery - Buyer's Rights and Deadline for Claims
• Defect in the Product – Buyer's Rights and Complaint Deadline
• Seller's Rights in case of Buyer's Default
• Warranty
• Personal Data
• Dispute Resolution

 

1. The Agreement 

The agreement consists of these terms of sale, information provided in the ordering solution, and any separately agreed terms. In case of any conflict between the information, what has been specifically agreed between the parties takes precedence, unless it conflicts with mandatory law.

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

 

2. The Parties 

The seller is

Argon Norway AS,

Business address: Christian August Thorings veg 7

Email: kontakt@argonnorway.no

Org. No.: 935 003 970 VAT

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 taxes and additional costs. The buyer shall not be responsible for any additional costs not disclosed by the seller before the purchase.

 

4. Conclusion of the Agreement

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

However, the agreement is not binding if there has been a typing or printing error 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 product from the time it is sent 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 payment by invoice, the buyer's invoice will be issued upon shipment of the item. The payment deadline is stated on the invoice and is at least 14 days from receipt.

Buyers under 18 years of age cannot pay by subsequent invoice.

 

6. Delivery

Delivery has taken place 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 order from the customer. The item shall be delivered to the buyer unless otherwise specifically agreed between the parties.

 

7. Risk of the Product 

The risk of the product transfers to the buyer when they, or their representative, have received the goods in accordance with section 6.

 

8. Right of Withdrawal

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

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

The right of withdrawal period begins to run:

• For the purchase of individual items, the right of withdrawal period runs from the day after the item(s) are received.
• If a subscription is sold, or if the agreement involves regular delivery of identical items, the period runs from the day after the first shipment is received.

If the purchase consists of multiple deliveries, the right of withdrawal period will run from the day after the last delivery is received. The right of withdrawal is extended to 12 months after the expiry of the original period if the seller does not inform the buyer of the right of withdrawal and provide a standardized withdrawal form before the agreement is concluded. The same applies in cases of missing information regarding terms, deadlines, and procedures for exercising the right of withdrawal. If the business provides the information within these 12 months, the right of withdrawal period will nevertheless expire 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 after notification of the exercise of the right of withdrawal has been given. The buyer covers the direct costs of returning the item, unless otherwise agreed or the seller has failed to inform the buyer that the buyer is responsible for return costs. The seller cannot charge a fee for the buyer's exercise of the right of withdrawal.

The buyer may examine or test the item in a proper manner to ascertain its nature, characteristics, and function, without losing the right of withdrawal. If the examination or testing of the item goes beyond what is proper 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 the seller receiving 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 returned.

 

9. Delay and Non-Delivery – Buyer's Rights and Deadline for Claims 

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 performance, cancel the agreement, and/or demand compensation from the seller.

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

Performance
The buyer may uphold the purchase and demand performance from the seller. However, the buyer cannot demand performance if there is an impediment that the seller cannot overcome, or if performance would cause such a significant inconvenience or cost to the seller that it would be disproportionate to the buyer's interest in the seller's performance. Should the difficulties cease within a reasonable time, the buyer may nevertheless demand performance.

The buyer loses their right to demand performance 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 period for performance. If the seller does not deliver the item within the additional period, 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 period 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 direct loss suffered as a result of the delay. However, this does not apply if the seller proves that the delay is due to an impediment 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 Product – 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 he or she wishes to claim the defect. The buyer has always complained in time if this happens within 2 months from when the defect was discovered or should have been discovered. The complaint can be made no later than two years after the buyer took over 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 cancellation of the agreement, and/or demand compensation from the seller.

Complaints to the seller should be made in writing.

Rectification or Redelivery
The buyer can choose between demanding that the defect be rectified or that a corresponding item be delivered. However, the seller may oppose the buyer's claim if carrying out the claim 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 attempt more than two remedies 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 ratio between the reduced and agreed price corresponds to the ratio 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 Default 

If the buyer fails to 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 performance of the agreement, demand cancellation of the agreement, and claim compensation from the buyer. The seller may also, depending on the circumstances, claim interest on overdue payments, collection fees, and a reasonable fee for uncollected goods.

Performance
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 default on the buyer's part. However, the seller cannot cancel if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for performance and the buyer does not pay within this deadline, the seller may cancel the purchase.

Interest on overdue payments/collection fees

If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price in accordance with 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 liable for fees under the Debt Collection Act.

Fee for uncollected non-prepaid goods

If the buyer fails to collect unpaid goods, 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 law. A warranty therefore does not limit the buyer's right to complain and claim in case of delay or defects under sections 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 implement the agreement with the buyer, or in cases prescribed by law.

 

14. Dispute Resolution 

Complaints should be directed to the seller within a reasonable time, cf. sections 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 can be reached at telephone 23 400 500 or www.forbrukerradet.no