Terms

Standard terms of sale for consumer purchases of goods over the Internet

Table of Contents:

Introduction

1.     The Agreement

2.     The Parties

3.     Prices

4.     Conclusion of the Agreement

5.     Order Confirmation

6.     Payment

7.     Delivery, etc.

8.     Risk of the Goods

9.     Right of Withdrawal

10.   Duty to Examine

11.   Complaints for Defects and Deadline for Notifying Claims for Delays

12.   Buyer's Rights in Case of Delay

13.   Buyer's Rights in Case of Defects

14.   Seller's Rights in Case of Buyer's Breach

15.   Warranty

16.   Personal Data

17.   Dispute Resolution

18.   Source List

 

Introduction:

This purchase is regulated by the standard terms of sale below for consumer purchases of goods over the Internet. A consumer purchase here means the sale of goods to a consumer who is not primarily acting as part of a business activity, and when the seller is acting in a business activity selling goods over the internet. The contract has been prepared and recommended by the Consumer Ombudsman.

Consumer purchases over the Internet are primarily regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act, and these laws grant the consumer inalienable rights. The terms of the contract shall not be interpreted as any limitation of the statutory rights, but establish the parties' most important rights and obligations for the transaction. The seller may choose to offer the buyer better terms than those stated in these terms of sale.

In cases where the contract does not directly provide a solution to an issue, the contract must be supplemented with relevant legal provisions.

The company operates in accordance with Norwegian legislation, and all purchases are regulated by applicable laws in Norway.”

 

1. The Agreement

The agreement between the buyer and the seller consists of the information the seller provides about the purchase in the online store's ordering solution (including, among other things, information about the nature of the goods, quantity, quality, other characteristics, price, and delivery conditions), any direct correspondence between the parties (e.g., email), and these terms of sale.

 

2. The Parties
Seller Company Name: Balion AS
Contact address: Rabben 65, 5108 Hordvik
Email: kundeservice@balion.no
Phone number:  93085072                                       
Organization number:928022870

The buyer is the person placing the order.

 

3. Prices

The prices quoted in the online store include value-added tax.

Information on the total costs the buyer must pay, including all fees (value-added tax, customs, etc.) and delivery costs (shipping, postage, invoice fee, packaging, etc.) as well as a specification of the individual elements in the total price, is provided in the ordering solution before the order is placed. (Deliveries of goods to Svalbard or Jan Mayen shall be sold without value-added tax. (1)

 

4. Conclusion of the Agreement

The agreement is binding for both parties when the buyer's order has been received by the seller.

However, a party is not bound by the agreement if there has been a typing or printing error in the offer from the seller 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. Order Confirmation

Once the seller has received the buyer's order, the seller shall 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 matches the order with regard to quantity, item type, price, etc. If there is no discrepancy between the order and the order confirmation, the buyer should contact the seller as soon as possible.

 

6. Payment

The seller may demand payment for the item from the time it is sent from the seller to the buyer.

If the buyer uses a credit card (2) or debit card (3)  for payment, the seller may reserve the purchase amount on the card upon ordering for up to 4 days from the order. (4)

For credit card payments, the Act on Credit Purchases, etc., will apply. (5)

If the seller offers invoicing, the invoice to the buyer must be issued upon shipment of the goods. The payment due date must be set to a minimum of 14 days from the buyer receiving the shipment.

If the seller has a specific need to demand advance payment from the buyer, for example, for custom-made purchases, the seller may demand this. 

Buyers under 18 years of age can only pay directly upon the seller's delivery of the goods or upon collection of the goods via cash on delivery. (6)

 

7. Delivery, etc.

Delivery of the goods from the seller to the buyer takes place in the manner, at the location, and at the time specified in the online store's ordering solution.

Unless a delivery time is stated in the ordering solution, the seller shall 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 to arrange for the goods to be sent to the buyer, he is obliged to have the goods transported to the destination in an appropriate manner and on standard terms for such transport. The destination is at the buyer's, unless otherwise specifically agreed between the parties.

 

8. Risk of the Goods

The risk of the goods 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 made available to him or her according to the agreement, the buyer still bears the risk of loss or damage due to the characteristics of the item itself.

 

9. Right of Withdrawal

The buyer may withdraw from the purchase of the goods according to the provisions of the Right of Withdrawal Act (7). The right of withdrawal means that the buyer can return the goods to the seller without giving any reason, even if there is no defect in the goods and even if they 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 upon delivery of the goods, the withdrawal period begins to run from the day the buyer receives the withdrawal form and information. If the buyer has not received sufficient information or a withdrawal form, the withdrawal period will nevertheless expire 3 months after the goods have been received. If the buyer has not received any information about the right of withdrawal at all, the deadline will be 1 year.

The notification from the buyer to the seller about the use of the right of withdrawal should, for evidentiary reasons, be in writing (withdrawal form, email, fax, or letter), and it must contain information on how the buyer intends to return the goods to the seller.

When exercising the right of withdrawal, the goods must be returned to the seller within a reasonable time. The seller is obliged to refund the entire purchase price to the buyer within 14 days from the day the seller receives the goods or the collection note, or the goods are made available to the seller. The seller cannot charge fees for the buyer's use of the right of withdrawal, but the seller may require the buyer to pay the costs of the return shipment.

The buyer may inspect the product before regretting the purchase. However, the goods must be able to be returned to the seller in substantially the same condition and quantity as they were in when the buyer received them. The buyer should return the goods to the seller in their original packaging if possible. 

The buyer cannot regret the purchase of goods that deteriorate quickly, goods that by their nature cannot be returned, or audio and video recordings (including CDs, DVDs) or computer programs where the seal has been broken. The latter exception only applies if the seller has clearly and explicitly informed about the conditions for the right of withdrawal being forfeited on the seal.

 

10. Examination of the Goods

When the buyer receives the goods, it is recommended that he or she, to a reasonable extent, examines whether they conform to the order, whether they have been damaged during transport, or whether they otherwise have defects.

If the goods do not conform to the order or have defects, the buyer must notify the seller by making a complaint in accordance with point 11 of the contract.

 

11. Complaints for Defects and Deadline for Notifying Claims for Delays

If there is a defect in the goods, the buyer must, within a reasonable time after discovering it, notify the seller that he or she intends to claim the defect.

The deadline can never be shorter than two months from the time the consumer discovered the defect. However, a complaint must be made no later than two years after the buyer took over the goods. If the goods or parts of them are intended to last substantially longer, the complaint period is five years.

In case of delay, a claim must be made to the seller within a reasonable time after the delivery time has passed and the goods have not been delivered.

If the goods are paid for by credit card, the buyer may also choose to complain and send a claim directly to the credit provider (credit card company).(8)

The notification to the seller or credit provider should be in writing (email, fax, or letter).

 

12. Buyer's Rights in Case of Delay

If the seller does not deliver the goods or delivers them 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 claim damages from the seller.

Performance: If the seller does not deliver the goods at the time of delivery, the buyer may uphold the purchase and set a reasonable additional deadline for performance by the seller. However, the buyer cannot demand performance if there is an obstacle that the seller cannot overcome or if performance would cause such a great inconvenience or cost to the seller that it would be in significant disproportion to the buyer's interest in the seller performing. If the difficulties cease within a reasonable time, the consumer may demand performance.

Cancellation: The buyer may cancel the agreement with the seller if the delay is significant or if the seller does not deliver the goods within the additional deadline for performance set by the buyer. However, the buyer cannot cancel the agreement while the additional deadline is running, unless the seller has stated that he or she will not perform within the deadline.

Damages: The buyer may also claim damages for losses he or she suffers as a result of the delay on the seller's part, cf. section 24 of the Consumer Purchases Act.

The buyer must notify the seller of the claim by making a complaint in accordance with point 11 of this contract.

 

13. Buyer's Rights in Case of Defects

If the goods have 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 claim damages from the seller.

Rectification or Redelivery: If the goods have a defect, the buyer may demand that the seller rectify the defect or redeliver a corresponding item. The seller may reject the buyer's claim if fulfilling the claim is impossible or causes the seller unreasonable costs.

The seller shall carry out the rectification or redelivery within a reasonable time. Rectification or redelivery shall be carried out at no cost to the buyer, without risk of the buyer not having their expenses covered, and without significant inconvenience to the buyer. The seller may not make more than two attempts at rectification or redelivery for the same defect, unless there are special reasons that make further attempts reasonable.

Even if the buyer neither demands rectification nor redelivery, the seller may offer rectification or redelivery if this occurs without delay. If the seller arranges for such rectification or redelivery, the buyer cannot demand a price reduction or cancellation.

Price Reduction: If the defect is not rectified or redelivered, the buyer may demand a proportionate price reduction.

Cancellation: Instead of a price reduction, the buyer may cancel the agreement, except when the defect is insignificant.

Damages: The buyer may also claim damages for financial loss he or she suffers as a result of the goods having a defect, cf. section 33 of the Consumer Purchases Act.

The buyer must notify the seller of the claim by making a complaint in accordance with point 11 of this contract. The rules on complaints apply in addition to, and independently of, the rules on the right of withdrawal and any guarantees provided by the seller.

 

14. Seller's Rights in Case of Buyer's Breach

If the buyer does not pay or fulfill other obligations under the agreement, 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 goods, demand performance of the agreement, demand the agreement be cancelled, and claim damages from the buyer. The seller may also, depending on the circumstances, claim interest for delayed payment, collection fees, and fees for uncollected goods that were not prepaid.

Performance: If the buyer does not pay, the seller may uphold the purchase and demand that the buyer pays the purchase price (performance). If the goods have not been delivered, the seller loses his right if he waits an unreasonable length of time to assert the claim.

Cancellation: In the event of a significant payment default or other significant breach by the buyer, the seller may cancel the agreement. However, the seller cannot cancel after the purchase price has been paid.

The seller may also cancel the purchase if the buyer does not pay within a reasonable additional deadline for performance set by the seller. However, the seller cannot cancel while the additional deadline is running, unless the buyer has stated that he or she will not pay.

Damages: The seller may claim damages 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 Purchases Act.

Interest for delayed payment/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 according to the Act on Interest on Delayed Payments.(9) In the event of non-payment, the claim may, after prior notice, be sent for collection, and the buyer may then be held responsible for fees under the Act on Debt Collection and Other Collection of Overdue Monetary Claims.(10)

Fee for uncollected non-prepaid goods: If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee of NOK             + return shipping. The fee shall at most cover the seller's actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age. (11)

 

15. Warranty

Any warranty provided by the seller or manufacturer gives the buyer rights in addition to the rights the buyer already has under inalienable legislation. A warranty therefore does not entail any limitations on the buyer's right to complain and claim in the event of delay or defects under points 12 and 13.

 

16. Personal Data (12)

Unless the buyer consents otherwise, the seller may only collect and store personal data that is necessary for the seller to fulfill its obligations under the agreement. Personal data of buyers under 15 years of age cannot be collected unless the seller has consent from a parent or guardian. The buyer's personal data shall only be disclosed to others if it is necessary for the seller to complete the agreement with the buyer, or in cases stipulated by law.

The seller may only collect the buyer's national identity number if there is a legitimate need for secure identification and such collection is necessary.