Terms of purchase
Terms of purchase
1. The Agreement
2. The parties
3. Prices
4. The conclusion of the agreement
5. Order confirmation
6. Payment
7. Delivery etc.
8. The risk of the goods
9. Right of withdrawal
10. Duty to investigate
11. Complaints in the event of a deficiency and deadline for reporting a claim in the event of a delay
12. Buyer's rights in case of delay
13. The buyer's rights in the event of a defect
14. The seller's rights in the event of the buyer's default
15. Warranty
16. Personal data
17. Conflict resolution
INTRODUCTION:
This purchase is governed by the below standard sales conditions for consumer purchases of goods over the Internet. By consumer purchase is meant here the sale of goods to consumers who are not
mainly acts as part of commercial activities, and when the seller acts in
business with the sale of goods over the internet. The contract has been drawn up and recommended
used by the Forbrukerombudet.
Consumer purchases over the Internet are mainly regulated by the Contract Act, the Consumer Purchase Act,
the marketing act, the right of withdrawal act and the e-commerce act, and these acts give the consumer inalienable rights. The terms of the contract shall not be understood as any limitation in them the statutory rights, but sets 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 the terms of sale.
In cases where the contract does not directly provide the solution to a problem, the contract must supplemented with relevant legal provisions.
1. THE AGREEMENT
The agreement between buyer and seller consists of the information the seller provides about the purchase the ordering solution in the online store (including, among other things, information about the nature of the item, quantity, quality, other properties, price and delivery conditions), possibly directly correspondence between the parties (for example e-mail) as well as these conditions of sale.
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 terms of the sales conditions, go direct correspondence between the parties and the information provided in the ordering solution above
the sales conditions, as long as it does not conflict with binding legislation.
2. THE PARTIES
Seller
Company name: Arka Clothing As
Contact address: Køyaveien 44, 1880 Eidsberg
Email: arkawear@outlook.com
Organization number: 933 752 119
Buyer is the person who makes the order.
3. PRICES
Information on the total costs the buyer must pay, including all taxes
(value added tax, customs, etc.) and delivery costs (freight, postage, invoice fee,
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. (Product deliveries to Svalbard or Jan Mayen must sold without the addition of value added tax.1, contact before ordering)
4. 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 typographical error in it 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 such an error existed.
5. ORDER CONFIRMATION
When the seller has received the buyer's order, the seller must confirm without undue delay the order by sending an order confirmation to the buyer.
It is recommended that the buyer checks that the order confirmation corresponds to the order with regard to quantity, product type, price, etc. If the order does not match and the order confirmation, the buyer should contact the seller as soon as possible.
6. 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 card or debit card when paying, the seller can make a reservation the purchase price on the card at the time of ordering for up to 4 days from the order. See Act of 19 June 1969 No. 66 on VAT § 16.
A credit card is a payment card where the payment for the purchase takes place afterwards by the creditor (the credit card company) sends 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 becomes charged and the amount is transferred to the payee's account.
When paying by credit card, the Act on credit purchases etc. come into use.
If the seller offers post-invoicing, the invoice to the buyer must be issued upon shipment of the item. The due date must be set to a minimum of 14 days from when the buyer receives the shipment. Does the seller have a special need to demand advance payment from the buyer, for example for manufacturing purchase, the seller can demand this. Buyers under the age of 18 can only pay directly when the seller delivers the goods or at delivery of the goods by cash on delivery.
7. DELIVERY, ETC.
Delivery of the goods from the seller to the buyer takes place in that way, at that place and at that time which is specified in the order solution in the online store.
If the order solution does not specify a delivery time, the seller must deliver the goods to buyer within a reasonable time and no later than 30 days after the order from the customer. Should the seller provide for the goods to be sent to the buyer, he is obliged to have the goods transported to the place of destination in a suitable manner and under normal conditions for such transport. The place of destination is with the buyer unless otherwise specifically agreed between the parties.
8. THE 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 ordered his or her disposal under the agreement, the buyer nevertheless bears the risk of loss or damage which due to properties of the product itself.
9. RIGHT OF WITHDRAWAL
The buyer can cancel the purchase of the item according to the provisions of the Right of Cancellation Act7. Right of withdrawal need to buy without reason can return the item to the seller even if there is none lack of it and even if it has not been delivered. The buyer must notify the seller of using the right of withdrawal within 14 days after the goods, they prescribed information about the right of withdrawal and right of withdrawal form has been received. Receives the buyer cancellation form and the necessary information at a later time than upon delivery of the item, the cancellation period begins to run from the day the buyer receives the right of cancellation form and the information. If buyers have not received sufficient information or a right of withdrawal form, will the cancellation 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 using the right of withdrawal should be in writing for reasons of evidence (right of withdrawal form, e-mail, fax or letter), and it must contain information about how the buyer will return the item to the seller.
4 Cf. the model agreement committee prepared by the joint contract committee for the Norwegian Savings Bank Association and the Financial Industry Association
main organization - Terms of agreement for credit cards and billing cards - consumer relations point 12 and model terms prepared by the Sparebanking Association and the Financial Industry's main organization for payment cards point 11. 5 Act of 21 June 1985 no. 82 on credit purchases, etc.
6 Persons under the age of 18 can only pay in the aforementioned way as they cannot incur debts cf. law of 22 April 1927 on guardianship of minors (vgml.) § 2.
7 Act of 21 December 2000 no. 105 on the obligation to provide information and right of withdrawal, etc. for distance sales and sales outside fixed lines
point of sale (rights of withdrawal act). 4 When using the right of withdrawal, it 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 that 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 sellers can demand that the buyer must pay the cost of the return shipment.
The buyer can examine the product before he or she regrets the purchase. The item must nevertheless could be returned to the seller in approximately the same condition and quantity as it was then 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 do not can be returned, or on 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 lapse of the right of withdrawal the seal.
10. EXAMINATION OF THE GOODS
When the buyer receives the item, it is recommended that he or she investigates to a reasonable extent whether it is in accordance with the order, whether it has been damaged during transport or whether it otherwise has flaws. If the item does not match the order or is missing, the buyer must notify the seller in the event of a complaint, cf. clause 11 of the contract.
11. COMPLAINT IN CASE OF DEFICIENCY AND DEADLINE FOR REPORTING CLAIMS
If there is a defect in the product, it must be purchased within a reasonable time after he otherwise she discovered it, notify the seller that he or she will claim the defect. The deadline can never be shorter than in months from the time when the consumer discovered the shortage. Complaints must nevertheless be made no later than one year after the buyer took over the item. If the product or parts of it are intended to be significantly longer, the complaint period 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 credits should be in writing (e-mail, fax or letter).
12. BUYER'S RIGHTS IN CASE OF DELAY
If the seller does not deliver the item or delivers it late in accordance with the agreement between the parties, and this not cloud