TERMS AND CONDITIONS OF SALES
This purchase is regulated by the below listed standardized terms and conditions for business-to-consumer purchases online. Business-to-consumer purchases are governed primarily by Norwegian and European laws, like the Contracts Act, the Consumer Purchase Act, the Marketing Act, the Right of Withdrawal act and the Trade Act. These laws give the consumer mandatory rights. These laws are available in full via www.lovdata.no (in Norwegian). Some may be available in English – more information here: https://lovdata.no/info/
The sales terms and conditions are developed and recommended by the Norwegian Consumer Authority. More information and background for the terms and conditions can be found here: https://www.forbrukertilsynet.
1. The agreement
The agreement consists of the following terms and conditions, information given at the point of sale and any special conditions relating to individual products and services. In the event of contradictions in the given information, special agreements made between the parties will take precedence as long as this does not contravene current legislation.
The agreement will also be supplemented by relevant laws and legislations regulating the sale of goods and services between businesses and consumers.
2. The parties
The seller is: Nordisk Heste- og Hundeterapiskole AS, hereby referred to as ‘the seller’. The seller has the following contact information:
Address:
Ringsakerveien 522
2384 Brumunddal
E-mail: [email protected]
Phone number: +47 91 59 71 62
Norwegian Organization number: 915 680 879
The buyer is the consumer who orders the goods or services, and is hereby referred to as ‘the buyer’.
3. Price
The given price for the goods or services is the total price the buyer is to pay for the goods or services. This price shall include all fees and additional costs. Any additional costs that the seller has not informed the buyer of before the sale shall not be carried by the buyer.
4. Entering the agreement
The agreement is binding for both parties when the buyer has sent their order to the seller.
The agreement can still be voided if there has been a spelling or typing mistake in the offer from the seller at the point of sale, on the website or in the buyer’s order, and the other party realize or should have realized that such a mistake has occurred.
5. Payment
The seller can demand payment for the goods from the moment they are sent from the seller to the buyer.
If the buyer uses a credit or debit card for payment, the seller can reserve the purchase sum on the card from the time the order is placed. The card will be charged the same day the goods are shipped.
When paying by invoice, the invoice to the buyer will be sent at the same time as the goods. The due date will be clearly visible on the invoice and will be a minimum of 14 days from the date the goods are received.
Buyers under 18 cannot pay by invoice after shipping.
6. Delivery
Delivery has been performed when the buyer or the buyer’s representative has received the goods or services.
If the delivery time is not clear from the point of sale, the seller shall deliver the goods to the buyer with no unnecessary delay, no later than 30 days after the order is placed. The goods shall be delivered to the buyer unless other arrangements have been explicitly made between the parties.
7. Responsibility and risk
8. Right to cancel and return
Unless the goods are exempt from the right to cancel and return an item, the buyer can withdraw from the sale in accordance with Norwegian and EU rights.
The buyer must give the seller notice that they will be using their right to cancel within 14 days of initiation of the cooling-off period. This is the deadline for notice of cancellation. The cooling-off period includes all calendar days. If the deadline falls on a Saturday, holiday or other red day, the deadline is postponed until the first following work day.
The cooling-off period starts:
When purchasing individual goods, the cooling-off period starts the day the goods are received.
When purchasing a subscription or if the agreement entails regular delivery of identical goods, the cooling-off period starts the day the first delivery is received.
If the delivery consists of multiple shipments, the cooling-off period starts when the final delivery is received.
The cooling-off period is extended to 12 months after the end of the original deadline if the seller does not inform the buyer of their right to cancel and supply a standardized withdrawal form. The same applies if the buyer has not been given sufficient information about conditions, timelines and the method of using the right to cancel. If the seller gives the buyer the necessary information within the 12-month period, the cooling-off period starts on the day the information is received.
When using the right to cancel, the buyer must return the goods to the seller without any unnecessary delay and no later than 14 days after the notice of cancellation is given. The buyer will cover the direct costs of returning the goods, unless other arrangements have been explicitly made or the seller has failed to inform the buyer of the buyer’s responsibility to cover return costs. The seller cannot demand a fee for the buyer utilizing their right to cancel.
The buyer can try or test the goods as long as this happens in a responsible way, in order to determine the type, function and characteristics of the goods, without losing their right to cancel. If the trying or testing of the goods goes beyond what is responsible and necessary, the buyer can be held responsible for the possible reduction in value of the goods.
The seller is obligated to repay the sales sum to the buyer with no unnecessary delay, and no later than 14 days after the notice of cancellation is received. The seller has the right to withhold the payment until the goods have been returned from the buyer, or until the buyer has provided documentation that the goods have been sent.
9. Delays and missing deliveries – the buyer’s rights and deadline for presenting a claim
If the seller does not deliver the goods or delivers them too late in relation to the terms of the agreement, and this is not due to the buyer’s actions or conditions on the buyer’s side, the buyer can, in accordance with the Consumer Purchase Act chapter 5, withhold payments, demand fulfilment of the order, cancel the agreement and/or demand compensation from the seller.
In the event of a claim for default rights, the notification should, for evidentiary reasons, be in writing (e.g. e-mail).
Fulfilment of order
The buyer can demand fulfilment of the order from the seller. The buyer may not, however, demand fulfilment if there is a challenge to doing so which the seller cannot overcome, or if fulfilment will entail such a great inconvenience or cost to the seller that it is in significant disproportion to the buyer's interest in the seller fulfilling it. Should the difficulties disappear within a reasonable time, the buyer can still demand fulfilment.
The buyer will lose their right to fulfilment if the buyer waits an unreasonably long time to put forward a claim.
Cancellation
If the seller does not deliver the goods within the agreed timeframe, the buyer shall encourage the seller to deliver within a reasonable time for fulfilment. If the seller does not deliver the goods within this additional timeframe, the seller can cancel the order.
The buyer can, however, cancel the purchase immediately if the seller refuses to deliver the goods. The same applies if the delivery of the goods within the agreed timeframe was crucial to entering the agreement, or if the buyer had notified the seller that the delivery time was crucial.
If the item is delivered after the additional timeframe set by the buyer following the delivery time that was crucial to the agreement, claim of cancellation must be made within reasonable time after the buyer was notified about delivery.
Compensation
The buyer can demand compensation for losses incurred as a result of the delay. This does not, however, apply if the seller can show that the delay is a result of conditions outside the seller’s control that they cannot reasonably be expected to consider part of the delivery time, avoid, or have avoided the consequences of.
10. Faults and defects in the product – the buyer’s rights and complaint deadline
If the goods have faults or defects, the buyer must notify the seller within reasonable time of noticing the problem. The buyer has always been notified early enough if notification happens within two months from the defect being discovered. A complaint can be put forward no later than two years after receiving the goods. If the goods or parts of the goods were meant to last significantly longer than two years, the complaint deadline is five years.
If the goods have a defect and this is not due to the buyer or circumstances on the buyer’s side, the buyer can – in accordance with The Consumer Purchase Act chapter 6 – withhold payment, choose between repair and replacement, demand a reduction in price, cancel the agreement and/or demand compensation from the seller.
Complaints should be presented in writing.
Repair or replacement
The buyer can choose between demanding the goods are repaired and demanding the goods are replaced by an equal product. The seller can reject the buyer’s claim if completing the request is impossible or would incur the seller unreasonable costs. Repairs or replacements must be made within reasonable time. The seller usually does not have the right to try to replace or repair more than twice for the same problem.
Price reduction
The buyer can demand a reasonable reduction in price if the goods are not repaired or replaced. This entails that the relationship between the reduced and agreed upon price is in accordance with the defective item’s value compared with the whole and undamaged item’s value. If there are particular reasons to do so, the price reduction can be based on the significance of the defect on the buyer.
Cancellation
If the goods are not repaired or replaced, the buyer can choose to cancel the purchase if the defect is not insignificant.
11. The seller’s right if the seller defaults
If the buyer doesn’t pay or meet the other conditions of the agreement or the law, and this is not due to the seller or circumstances on the seller’s side, the seller can – in accordance with the Consumer Purchase Act chapter 9 – withhold the goods, demand the agreement be fulfilled, demand cancellation or demand compensation from the buyer. The seller will also, depending on circumstance, be allowed to demand interest on delayed payments, debt collection fees and a reasonable charge for uncollected goods.
Fulfilment
The seller can uphold the agreement and demand that the buyer pays the agreed sum. If the goods are not delivered, the seller loses this right if they wait an unreasonably long time to put forward the claim.
Cancellation
The seller can cancel the agreement if there is significant default on the payment or other significant defaults on the part of the buyer. The seller cannot cancel the agreement if the total sum has been paid. If the seller sets a reasonable timeline for fulfilment and the buyer does not pay within this time, the seller can cancel the sale.
Interest on delayed payments/debt collection fees
If the buyer does not pay the agreed sum in accordance with the agreement, the seller can demand interest on the sales sum in accordance with the Late Payment Interest Act. When not paid, the invoice – after due notice – can be sent to a debt collection agency. The buyer may then be responsible for additional fees in accordance with the Norwegian debt collection law.
Fees on uncollected goods that are not prepaid
If the buyer does not collect the ordered goods, the seller can demand a reasonable charge. The charge should be no more than the seller’s actual costs in delivering the goods to the buyer. This charge cannot be placed on buyers younger than 18.
12. Guarantee
Guarantees given by the seller or producer grant the buyer rights in addition to those the buyer already has from mandatory legislation. A guarantee therefore does not limit the buyer’s rights to complaints and demands with regards to faults or defects as described in points 9 and 10.
13. Privacy
The seller is the responsible party for processing any collected personal information. Unless the buyer explicitly consents to additional terms, the seller – in line with the Privacy Act – can only collect and store the information necessary to fulfil the order in accordance with the agreement. The buyer’s personal information should only be given to a third party if it is necessary for the seller to fulfil the order or if it is required by law.
You can find our privacy statement here.
14. Conflict resolution
Complaints should be raised within reasonable time, as described in points 9 and 10. The parties shall try to resolve any conflict amicably. If this proves impossible, the buyer can reach out to the Norwegian Consumer Council for mediation. The Norwegian Consumer Council can be reached on phone number +47 23 400 500 or www.forbrukerradet.no.
The European Commission’s online resolution portal can also be used to raise a complaint. This is particularly relevant if the buyer is settled outside of Norway, in an EU or EEA member country. The online resolution portal can be found here: http://ec.europa.eu/odr.
