Terms & Conditions

This is an English translation provided for your convenience. In the event of any discrepancy, the Norwegian version of these terms applies.

Standard sales terms 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 for the goods
  9. Right of withdrawal
  10. Duty to inspect the goods
  11. Complaints about defects and deadline for claims in case of delay
  12. The buyer's rights in case of delay
  13. The buyer's rights in case of defect
  14. The seller's rights in case of the buyer's default
  15. Warranty
  16. Personal data
  17. Dispute resolution
  18. List of sources

Introduction:

This purchase is governed by the following standard sales terms for consumer purchases of goods over the Internet. Consumer purchase here means the sale of goods to a consumer who is not acting mainly as part of a business activity, where the seller acts in a business activity selling goods over the Internet. The contract has been prepared and is recommended for use by the Norwegian Consumer Authority.

Consumer purchases over the Internet are mainly governed 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 give the consumer mandatory 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 transaction. The seller may choose to offer the buyer better terms than those set out in these sales terms.

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

  1. The agreement

The agreement between buyer and seller consists of the information the seller provides about the purchase in the ordering process in the online store (including, among other things, information about the nature, quantity, quality and other properties of the goods, the price and the delivery terms), any direct correspondence between the parties (for example email) and these sales terms.

In the event of conflict between the information the seller has provided about the purchase in the ordering process in the online store, direct correspondence between the parties, and the terms of the sales terms, the direct correspondence between the parties and the information given in the ordering process take precedence over the sales terms, provided this does not conflict with binding legislation.

  1. The parties

Seller, company name: User Solutions AS

Contact address: Lurevegen 66, 5912 Seim.

Email: post@hackit.com

Telephone: 48037921

Organisation number: 919404299MVA

The buyer is the person who places the order.

  1. Prices

The prices stated in the online store include VAT.

Information about the total costs the buyer is to pay, including all charges (VAT, customs duties and the like) and delivery costs (shipping, postage, invoicing fees, packaging and so on), as well as a breakdown of the individual elements of the total price, is given in the ordering process before the order is placed. (Deliveries of goods to Svalbard or Jan Mayen are to be sold without the addition of VAT.) (1)

  1. Conclusion of the agreement

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

A party is nevertheless not bound by the agreement if there has been a clerical or typing error in the seller's offer in the ordering process in the online store or in the buyer's order, and the other party realised or should have realised that such an error existed.

  1. Order confirmation

Once the seller has received the buyer's order, the seller shall without undue delay confirm the order 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, type of goods, price and so on. If there is a discrepancy between the order and the order confirmation, the buyer should contact the seller as soon as possible.

  1. Payment

The seller may demand payment for the goods from the time they are sent from the seller to the buyer.

If the buyer uses a credit card (2) or debit card (3) when paying, the seller may reserve the purchase price on the card at the time of ordering for up to 4 days from the order. (4)

When paying by credit card, the Credit Purchases Act etc. applies. (5)

If the seller offers payment by invoice, the invoice to the buyer shall be issued when the goods are dispatched. The due date shall be set to a minimum of 14 days from the buyer receiving the shipment.

If the seller has a particular need to require advance payment from the buyer, for example for made-to-order purchases, the seller may require this.

Buyers under the age of 18 may only pay directly upon the seller's delivery of the goods or upon handover of the goods by cash on delivery. (6)

  1. Delivery etc.

Delivery of the goods from the seller to the buyer takes place in the manner, at the place and at the time stated in the ordering process in the online store.

If the time of delivery is not stated in the ordering process, the seller shall 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 arrange for the goods to be sent to the buyer, the seller is obliged to have the goods transported to the destination in a suitable manner and on ordinary terms for such transport. The destination is at the buyer's premises unless otherwise specifically agreed between the parties.

  1. Risk for the goods

The risk for the goods passes to the buyer when the item has been taken over by the buyer in accordance with the agreement. If the time for delivery has arrived and the buyer fails to take over goods that have been made available to him or her under the agreement, the buyer nevertheless bears the risk of loss or damage caused by properties of the goods themselves.

  1. Right of withdrawal

The buyer may withdraw from the purchase of the goods in accordance with the provisions of the Right of Withdrawal Act (7). The right of withdrawal means that the buyer may, without reason, return the goods to the seller even if there is no defect in them and even if they have not been delivered.

NOTE: Prescription lenses are made specially according to information received from the buyer and cannot be withdrawn from.

The buyer must notify the seller of the use of the right of withdrawal within 14 days after the goods, the prescribed information about the right of withdrawal and the withdrawal form have been received. If the buyer receives the withdrawal form and the necessary information at a later time than the delivery of the goods, the withdrawal period begins to run from the day the buyer receives the withdrawal form and the information. If the buyer has not received sufficient information or a withdrawal form, the withdrawal period nevertheless expires 3 months after the goods are received. If the buyer has not received any information about the right of withdrawal at all, the period is 1 year.

For evidentiary reasons, the buyer's notice to the seller about the use of the right of withdrawal should be in writing (withdrawal form, email, or letter), and it must contain information about how the buyer will return the goods to the seller.

When using 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 a collection slip, or the goods are made available to the seller. The seller may not set 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 examine the product before withdrawing from the purchase. The goods must nevertheless be able to be returned to the seller in approximately the same condition and quantity as they were in when the buyer received them. The buyer should return the goods to the seller in the original packaging if this is possible.

The buyer may not withdraw from 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 applies only if the seller has clearly stated the conditions for the lapse of the right of withdrawal on the seal.

  1. Inspection of the goods

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

If the goods do not match the order or have defects, the buyer must notify the seller by way of a complaint, cf. point 11 of the contract.

  1. Complaints about defects and deadline for claims in case of 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 will invoke the defect.

The deadline can never be shorter than two months from the time the consumer discovered the defect. A complaint must nevertheless 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 considerably longer, the complaint period is five years.

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

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

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

  1. The 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 and depending on the circumstances, withhold the purchase price, demand performance, cancel the agreement and claim compensation from the seller.

Performance: If the seller does not deliver the goods at the time of delivery, the buyer may maintain the purchase and set a reasonable additional deadline for performance by the seller. The buyer may nevertheless not demand performance if there is an obstacle the seller cannot overcome, or if performance would entail such great inconvenience or cost for the seller that it is substantially disproportionate to the buyer's interest in the seller performing. If the difficulties fall away within a reasonable time, the consumer may demand performance.

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

Compensation: The buyer may further claim compensation for loss 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 direct claims to the seller by way of a complaint, cf. point 11 of this contract.

  1. The buyer's rights in case of defect

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 and depending on the circumstances, withhold the purchase price, choose between repair and replacement, demand a price reduction, demand that the agreement be cancelled, and claim compensation from the seller.

Repair or replacement: If the goods have a defect, the buyer may require the seller to repair the defect or supply equivalent goods. The seller may object to the buyer's claim if carrying it out is impossible or causes the seller unreasonable costs.

The seller shall carry out the repair or replacement within a reasonable time. Repair or replacement shall be carried out at no cost to the buyer, without risk that the buyer does not have his or her expenses covered, and without significant inconvenience to the buyer. The seller may not make more than two attempts at repair or replacement for the same defect, unless there are special reasons that make further attempts reasonable.

Even if the buyer demands neither repair nor replacement, the seller may offer repair or replacement if this is done without delay. If the seller provides such repair or replacement, the buyer may not demand a price reduction or cancellation.

Price reduction: If the defect is not repaired or replaced, the buyer may demand a proportionate price reduction.

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

Compensation: The buyer may also claim compensation for the 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 direct claims to the seller by way of a complaint, cf. 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 warranties provided by the seller.

  1. The seller's rights in case of 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 circumstances on the seller's side, the seller may, in accordance with the rules in chapter 9 of the Consumer Purchases Act and depending on the circumstances, withhold the goods, demand performance of the agreement, demand that the agreement be cancelled, and claim compensation from the buyer. The seller may also, depending on the circumstances, claim interest on late payment, debt collection fees and a fee for non-prepaid uncollected goods.

Performance: If the buyer does not pay, the seller may maintain the purchase and require the buyer to pay the purchase price (performance). If the goods have not been delivered, the seller loses this right if he waits an unreasonably long time before making the claim.

Cancellation: In the event of material payment default or other material default by the buyer, the seller may cancel the agreement. The seller may nevertheless not 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. The seller may nevertheless not cancel while the additional deadline is running, unless the buyer has stated that he or she will not pay.

Compensation: The seller may claim compensation from the buyer for the financial loss he or she suffers as a result of breach of contract on the buyer's part, cf. section 46 of the Consumer Purchases Act.

Interest on late payment / debt collection fee: If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price under the Act on interest on overdue payment.(9) 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 under the Act on debt collection activity and other recovery 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 outlay for delivering the goods to the buyer. Such a fee cannot be charged to buyers under the age of 18. (11)

  1. Warranty

A warranty given by the seller or manufacturer gives the buyer rights in addition to the rights the buyer already has under mandatory legislation. A warranty therefore entails no limitation of the buyer's right to complain and make claims in case of delay or defects under points 12 and 13.

  1. Personal data (12)

Unless the buyer consents otherwise, the seller may only collect and store the personal data necessary for the seller to fulfil the obligations under the agreement. The personal data of a buyer under the age of 15 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 statutory cases.

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

If the seller wishes 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 at the time of entering into the agreement. The seller must give the buyer 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 a box.

The buyer shall be able to easily contact the seller, for example by telephone or email, if he or she has questions about the seller's use of personal data, or if he or she wishes the seller to delete or change the personal data.

  1. Dispute resolution

The parties shall attempt to resolve any disputes amicably. The buyer may contact the Norwegian Consumer Council for assistance in any dispute with the seller. If an amicable solution is not reached after mediation by the Consumer Council, the parties may request in writing that the Consumer Council brings the dispute before the Consumer Disputes Committee. A decision by the Consumer Disputes Committee becomes legally enforceable four weeks after service. Before the decision is legally enforceable, the parties may, by submitting a writ to the Consumer Disputes Committee, bring the decision before the district court.

  1. List of sources

  1. See the Act of 19 June 1969 no. 66 on value added tax, section 16.

  1. A credit card is a payment card where settlement for the purchase takes place afterwards, with the credit provider (the credit card company) sending the cardholder an invoice with a demand for payment.
  2. 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.

  1. Cf. the model agreement prepared by the joint contract committee of the Norwegian Savings Banks Association and the Norwegian Financial Services Association – Terms for credit cards and charge cards – consumer relations, point 12, and model terms prepared by the Savings Banks Association and the Financial Services Association for payment cards, point 11.

  1. Act of 21 June 1985 no. 82 on credit purchases etc.

  1. Persons under the age of 18 may only pay in the ways mentioned, as they cannot incur debt, cf. the Act of 22 April 1927 on guardianship for minors (vgml.) section 2.

  1. Act of 21 December 2000 no. 105 on the duty to provide information and the right of withdrawal etc. in distance selling and sales outside fixed business premises (the Right of Withdrawal Act).
  2. Act of 17 December 1976 no. 100 on interest on overdue payment.
  3. Act of 13 May 1988 no. 26 on debt collection activity and other recovery of overdue monetary claims.
  4. A fee cannot be charged to persons under the age of 18, as they cannot incur debt, cf. vgml. section 2.

  1. See the Act of 14 April 2000 no. 31 on the processing of personal data.