Terms of service
Introduction
This purchase is governed by the standard terms of sale set out below for consumer purchases of goods over the Internet. 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 acts grant the consumer mandatory rights. The acts are available at www.lovdata.no. The terms of this agreement shall not be understood as any limitation of the statutory rights, but set out the parties' most important rights and obligations for the transaction.
The terms of sale have been prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these terms of sale, see the Norwegian Consumer Authority's guide here.
1. The agreement
The agreement consists of these terms of sale, the information given in the ordering solution and any separately agreed terms. In the event of any conflict between the information, what has been separately agreed between the parties takes precedence, provided that it does not conflict with mandatory legislation.
The agreement will in addition be supplemented by relevant statutory provisions governing the purchase of goods between businesses and consumers.
2. The parties
The seller is Tegnepartner AS, Årvollskogen 51, 1529 Moss, rune@tegnepartner.no, 47281584, company reg. no. 895 011 592, and is referred to in the following as the seller.
The buyer is the consumer who places the order, and is referred to in the following as the buyer.
3. Price
The stated price in NOK, SEK, DKK, EUR for the goods and services is the total price the buyer shall pay. This price includes all taxes and additional costs. Further costs that the seller has not informed about before the purchase shall not be borne by the buyer.
4. Conclusion of the agreement
The agreement is binding on both parties when the buyer has sent the order to the seller.
The agreement is nevertheless not binding if there has been a typing or keying error in the seller's offer in the ordering solution in the online store or in the buyer's order, and the other party realised or should have realised that such an error existed.
5. Payment
The seller may demand payment for the goods from the time they are dispatched from the seller to the buyer.
If the buyer uses a credit card or debit card for payment, the seller may reserve the purchase price on the card at the time of ordering. The card is charged on the same day the goods are dispatched.
In the case of payment by invoice, the invoice is issued to the buyer upon dispatch of the goods. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt.
Buyers under the age of 18 cannot pay by subsequent invoice.
6. Delivery
Delivery has taken place when the buyer, or the buyer's representative, has taken over the item.
If the time of delivery is not stated in the ordering solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the customer's order. The goods shall be delivered to the buyer unless otherwise separately agreed between the parties.
7. Risk for the goods
The risk for the goods passes to the buyer when the buyer, or the buyer's representative, has had the goods delivered in accordance with point 6.
8. Right of withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw from the purchase of the goods in accordance with the Right of Withdrawal Act.
The buyer must notify the seller of the use of the right of withdrawal within 14 days from the time the period starts to run. All calendar days are included in the period. If the period ends on a Saturday, public holiday or bank holiday, the period is extended to the next working day.
The withdrawal period is considered to have been observed if notice is sent before the expiry of the period. The buyer has the burden of proof that the right of withdrawal has been invoked, and the notice should therefore be given in writing (withdrawal form, email or letter).
The withdrawal period starts to run:
- For the purchase of individual goods, the withdrawal period runs from the day after the goods are received.
- If a subscription is sold, or the agreement involves regular delivery of identical goods, the period runs from the day after the first shipment is received.
- If the purchase consists of several deliveries, the withdrawal period runs from the day after the last delivery is received.
The withdrawal period is extended to 12 months after the expiry of the original period if the seller does not, before the conclusion of the agreement, inform that a right of withdrawal exists and provide a standardised withdrawal form. The same applies in the case of missing information about conditions, deadlines and the procedure for using the right of withdrawal. If the business provides the information during these 12 months, the withdrawal period nevertheless expires 14 days after the day the buyer received the information.
When the right of withdrawal is used, the goods must be returned to the seller without undue delay and no later than 14 days from when notice of the use of the right of withdrawal was given. The buyer covers the direct costs of returning the goods, unless otherwise agreed or the seller has failed to inform that the buyer is to cover the return costs. The seller cannot impose a fee for the buyer's use of the right of withdrawal.
The buyer may examine or test the goods in a proper manner in order to establish the nature, characteristics and function of the goods, without losing the right of withdrawal. If examination or testing of the goods goes beyond what is proper and necessary, the buyer may become liable for any reduction in the value of the goods.
The seller is obliged to refund the purchase price to the buyer without undue delay, and no later than 14 days from when the seller received notice of the buyer's decision to use the right of withdrawal. The seller has the right to withhold payment until the goods have been received from the buyer, or until the buyer has presented documentation that the goods have been sent back.
All returns are sent to: Årvollskogen 51, 1529 Moss, Norway.
9. Delay and non-delivery - the buyer's rights and deadline for submitting claims
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, 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/or claim compensation from the seller.
When claiming remedies for breach, the notice should be in writing for evidentiary reasons (for example email).
Performance
The buyer may uphold the purchase and demand performance from the seller. However, the buyer cannot demand performance if there is an obstacle the seller cannot overcome, or if performance would entail such a great inconvenience or cost for the seller that it is substantially disproportionate to the buyer's interest in the seller performing. Should the difficulties cease within a reasonable time, the buyer may nevertheless demand performance.
The buyer loses the right to demand performance if he or she waits an unreasonably long time before submitting the claim.
Cancellation
If the seller does not deliver the goods at the time of delivery, the buyer shall call on the seller to deliver within a reasonable additional period for performance. If the seller does not deliver the goods within the additional period, the buyer may cancel the purchase.
However, the buyer may cancel the purchase immediately if the seller refuses to deliver the goods. The same applies if delivery at the agreed time was decisive for the conclusion of the agreement, or if the buyer has notified the seller that the time of delivery is decisive.
If the item is delivered after the additional period set by the consumer or after the time of delivery that was decisive for the conclusion of the agreement, a claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.
Compensation
The buyer may claim compensation for loss suffered as a result of the delay. However, this does not apply if the seller demonstrates that the delay is due to an obstacle beyond the seller's control that could not reasonably have been taken into account at the time of the agreement, avoided, or the consequences of which could not have been overcome.
10. Defect in the goods - the buyer's rights and complaint deadline
If there is a defect in the goods, the buyer must, within a reasonable time after it was discovered or should have been discovered, notify the seller that he or she will invoke the defect. The buyer has always complained in time if this occurs within 2 months from when the defect was discovered or should have been discovered. A complaint may 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 than two years, the complaint period 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 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 cancellation of the agreement and/or claim compensation from the seller.
A complaint to the seller should be made in writing.
Repair or replacement
The buyer may choose between demanding that the defect be repaired or that a corresponding item be delivered. The seller may nevertheless oppose the buyer's claim if carrying out the claim is impossible or causes the seller unreasonable costs. Repair or replacement shall be carried out within a reasonable time. As a starting point, the seller does not have the right to make more than two attempts at remedy for the same defect.
Price reduction
The buyer may demand an appropriate price reduction if the goods are not repaired or replaced. This means that the ratio between the reduced and the agreed price corresponds to the ratio between the value of the item in defective and contractual condition. If special reasons so indicate, the price reduction may instead be set equal to the significance of the defect for the buyer.
Cancellation
If the goods have not been repaired or replaced, the buyer may also cancel the purchase when the defect is not insignificant.
11. The seller's rights in the event of the buyer's breach
If the buyer does not pay or fulfil the other obligations under the agreement or the law, 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 cancellation of the agreement and claim compensation from the buyer. Depending on the circumstances, the seller may also demand interest on late payment, debt collection charges and a reasonable fee for uncollected goods.
Performance
The seller may uphold the purchase and demand that the buyer pays the purchase price. If the goods have not been delivered, the seller loses this right if he waits an unreasonably long time before submitting the claim.
Cancellation
The seller may cancel the agreement if there is a material payment breach or other material breach on the buyer's side. The seller may nevertheless not cancel if the entire purchase price has been paid. If the seller sets a reasonable additional period for performance and the buyer does not pay within this period, the seller may cancel the purchase.
Interest on late payment/debt collection charge
If the buyer does not pay the purchase price in accordance with the agreement, the seller may demand interest on the purchase price under the Late Payment Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to The buyer may then be held liable for charges under the Debt Collection Act.
Fee for uncollected goods not paid in advance
If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. 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 the age of 18.
12. Guarantee
A guarantee given by the seller or the manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A guarantee therefore does not entail any limitation of the buyer's right to complain and to make claims in the event of delay or defects under points 9 and 10.
13. Personal data
The seller is the data controller for the personal data collected. Unless the buyer consents to something else, the seller may, in accordance with the Personal Data Act, only collect and store the personal data that is necessary for the seller to be able to carry out the obligations under the agreement. The buyer's personal data will only be disclosed to others if this is necessary for the seller to carry out the agreement with the buyer, or in cases required by law.
14. Dispute resolution
Complaints are directed to the seller within a reasonable time, cf. points 9 and 10. The parties shall try to resolve any disputes amicably. If this is not successful, the buyer may contact the Norwegian Consumer Council for mediation. The Norwegian Consumer Council is available by telephone on 23 400 500 or www.forbrukerradet.no.
The European Commission's complaints portal can also be used if you wish to submit a complaint. This is particularly relevant if you are a consumer resident in another EU country. The complaint is submitted here: http://ec.europa.eu/odr.