OUR TERMS OF SALE
INTRODUCTION
This purchase is governed by the below standard sales conditions for consumer purchases of goods over the Internet. By consumer purchase here is meant the sale of goods to a consumer who does not mainly act as part of a commercial activity, and when the seller acts in a commercial activity with the sale of goods over the internet. The contract has been drawn up and recommended for use by the Consumer Ombudsman.
Consumer purchases over the Internet are mainly regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Cancellation Act and the E-commerce Act, and these laws give the consumer inalienable rights. The terms of the contract are not to be understood as any limitation of the statutory rights, but set out the parties’ most important rights and obligations for the trade. The seller can choose to offer the buyer 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.
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 information about the nature, quantity, quality, other characteristics, price and delivery conditions of the goods, among other things), any direct correspondence between the parties (e.g. e-mail) as well as these sales conditions.
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. ¨
THE PARTIES
Seller
Company name: D E Wood – PAX SPAIN
Contact address: Gaudalmina Plaza, Guadalmina Baja, Calle 7C, Casa 4, 29678, Marbella.
Email: [email protected]
Buyer
The person who makes the order.
PRICES
The prices, which are stated in the online shop, include value added tax (iva). Information about the total costs the buyer must pay, including all taxes (value added tax, customs, etc.) and delivery costs (freight, postage, invoice fee, and packaging etc.) as well as specification of the individual elements in the total price, is given in the ordering solution before the order is placed.
However, PAX Spain reserves the right that typing/printing errors may occur, which may mean that we cannot deliver according to information provided in our online store, our marketing or in any other way.
CONCLUSION OF AGREEMENT
The agreement is binding for both parties when the buyer’s order has been received by the seller. A party is nevertheless not bound by the agreement if there has been a writing 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.
PAX Spain reserves the right to sell out of stock, or goods with an order time beyond the information provided in the online store, but undertakes to inform the customer, either by e-mail or telephone, as soon as we discover this.
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.
PAYMENT
The seller can demand payment for the item from the time it is sent from the seller to the buyer.If the buyer uses a credit card² or debit card³ when paying, the seller can reserve the purchase price on the card when ordering.
1 See Act of 19 June 1969 no. 66 on VAT § 16. 2 A credit card is a payment card where settlement for the purchase takes place afterwards by the creditor (credit card company) sending the cardholder an invoice with a demand for payment. 3 A debit card is a payment card linked to a deposit account. Use of the card means that the user’s account is debited and the amount is transferred to the payee’s account.
When paying by credit card, the Act on credit purchases etc. come into use.
DELIVERY, ETC.
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.
If no delivery time is stated 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. Our general delivery time is 7 to 10 working days. This however could be less depending on the location of the customer/delivery address.
PAX Spain reserves the right to sell out of goods or goods with an order time. If PAX Spain cannot deliver within the agreed time, due to sold out goods or goods with a long delivery time, the buyer must be informed of the reason for the delay and a new delivery time.
RISK FOR 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.
RIGHT OF WITHDRAWAL
The buyer can cancel the purchase of the item according to the provisions of the Right of Cancellation Act. The right of withdrawal means that the buyer can return the goods to the seller without reason, even if there is no defect in it and even if it has not been delivered.
The buyer must notify the seller of the use of the right of withdrawal within 14 days after the goods, the prescribed information on the right of withdrawal and the right of withdrawal form have been received. If the buyer receives the cancellation form and the necessary information at a later time than when the goods are delivered, the cancellation period begins to run from the day the buyer receives the cancellation right form and the information. If the buyer has not received sufficient information or a right of withdrawal form, the withdrawal period will still expire 3 months after the goods have been received. If the buyer has not received 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 reasons of proof, be in writing (right of withdrawal form, e-mail, fax or letter), and it must contain information on how the buyer will return the goods to the seller.
Act of 21 December 2000 no. 105 on the obligation to provide information and right of withdrawal, etc. in the case of distance sales and sales outside fixed points of sale (rights of withdrawal).
When using the right of withdrawal, the goods must be returned to the seller within a reasonable time. The seller is obliged to repay the entire purchase price to the buyer within 14 days from the day the seller receives the item or collection note or the item is placed at the seller’s disposal. The seller cannot set fees for the buyer’s use of the right of withdrawal, but the seller can require the buyer to pay the costs of the return shipment.
The buyer can examine the product before he or she regrets the purchase. The item must still be able to be returned to the seller in approximately the same condition and quantity as it was in when the buyer received it. The buyer should return the item to the seller in the original packaging if this is possible.
The buyer cannot regret the purchase of goods that deteriorate quickly, goods that by their nature cannot be returned, or sound and image recordings (including CDs, DVDs) or computer programs where the seal has been broken. The latter exception only applies if the seller has clearly stated the conditions for the cancellation of the right of withdrawal on the seal.
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.
Complaints in the event of a defect and deadline for reporting a claim in the event of a delay If there is a defect in the goods, the buyer must, within a reasonable time after he or she discovered it, notify the seller that he or she wishes to claim the defect. The deadline can never be shorter than two months from the time when the consumer discovered the defect. Complaints must still 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, the complaint deadline is five years. In the event of a delay, claims must be made to the seller within a reasonable time after the delivery time has arrived and the item has not been delivered.
If the item has been paid for by credit card, the buyer can also choose to advertise and send a claim directly to the creditor (credit card company).8 The message to the seller or creditor should be in writing (e-mail, fax or letter).
BUYER’S RIGHTS IN CASE OF DELAY
If the seller does not deliver the goods or delivers them 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, according to the rules in Chapter 5 of the Consumer Purchase Act, withhold the purchase price, demand performance, cancel the agreement and demand compensation from the seller.
Fulfilment: 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 fulfilment from the seller. However, the buyer cannot demand fulfilment if there is an obstacle that the seller cannot overcome or if fulfilment 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 fulfilment.
8 Act of 21 June 1985 no. 82 on credit purchases, etc. Section 8
Termination: 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 fulfilment 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 fulfil within the deadline.
Compensation: 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. § 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.
BUYER’S RIGHTS IN CASE OF DEFECT
If the item has a defect and this is not due to the buyer or conditions on the buyer’s side, the buyer can, 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 demand compensation from the seller.
CORRECTION OR RE-DELIVERY
If the item has a defect, the buyer can demand that the seller correct the defect or re-deliver an equivalent item. The seller can object to the buyer’s claim if the implementation of the claim is impossible or causes the seller unreasonable costs.
The seller must carry out the correction or redelivery within a reasonable time. Correction or redelivery must be carried out at no cost to the buyer, without the risk that the buyer will not be able to cover his expenses and without significant inconvenience to the buyer. The seller cannot make more than two attempts at correction or redelivery for the same defect, unless there are special reasons that make further attempts reasonable.
Even if the buyer neither requires correction nor redelivery, the seller can offer correction or redelivery if this takes place without delay. If the seller arranges for such rectification or redelivery, the buyer cannot demand a price reduction or cancellation. Price discount: If the defect is not corrected or re-delivered, the buyer can demand a proportionate price discount. Cancellation: Instead of a price reduction, the buyer can cancel the agreement, except when the defect is immaterial.
Compensation: The buyer can also claim compensation for financial loss he or she suffers as a result of the product having a defect, cf. § 33 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. The rules on complaints apply in addition to, and independently of, the rules on the right of withdrawal and any guarantees given by the seller.
SELLER’S RIGHTS IN THE BUYER’S DEFAULT
If the buyer does not pay or fulfil 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 fulfilment of the agreement, demand the agreement be cancelled and compensation from the buyer. The seller may also, depending on the circumstances, be able to demand interest for late payment, debt collection fees and fees for uncollected goods that have not been paid in advance. Fulfilment: If the buyer does not pay, the seller can maintain the purchase and demand that the buyer pays the purchase price (fulfilment). If the goods have not been delivered, the seller loses his right if he waits an unreasonably long time to make the claim.
Termination: 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 fulfilment that the seller has set. However, the seller cannot withdraw 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 for 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 for 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.10 Fees for uncollected non-advance-paid goods: If the buyer fails to collect unpaid goods, the seller can charge the buyer a fee of NOK 200 + return shipping. The fee shall at most cover the seller’s actual outlay for delivering the goods to the buyer. Such a fee cannot be charged to buyers under the age of 18.
WARRANTY
A warranty given by the seller or the manufacturer gives the buyer rights in addition to the rights 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.
PERSONAL INFORMATION
Unless the buyer agrees otherwise, 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.
9 Act of 17 December 1976 no. 100 on interest for late payment. 10 Act of 13 May 1988 no. 26 on debt collection activities and other recovery of overdue monetary claims. 11 Fees cannot be charged to persons under the age of 18 as they cannot incur debt, cf. § 2. 12 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 when entering into 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 phone 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.
CONFLICT RESOLUTION
The parties shall attempt to resolve any disputes amicably. The buyer can contact the Consumer Council to get assistance in any dispute with the seller. If an amicable solution is not reached after mediation in the Consumer Council, the parties can request in writing that the Consumer Council refer the dispute to the Consumer Disputes Committee.13 Decisions of the Consumer Disputes Committee are legally binding four weeks after notification. Before the decision is legally binding, the parties can, by submitting a summons to the Consumer Disputes Committee, bring the decision before the district court.13 See Act of 28 April 1978 no. 18 on handling consumer disputes.