This purchase is governed by the following standard terms of sale for consumer purchases of goods over the Internet. Consumer purchases over the Internet are governed mainly by the Contracts Act, the Consumer Buying Act, the Marketing Act, the Copyright Law and the E-commerce Act, and these laws give the consumer unprecedented rights. The laws are available at www.lovdata.no. The terms of this agreement shall not be construed as limiting the statutory rights, but shall establish the parties’ most important rights and obligations for the trade.
1. The agreement
The agreement consists of these terms of sale, information given in the ordering process and any separately agreed terms. In the event of any conflict between the information, it is specifically agreed between the parties in advance, provided that it does not conflict with unavoidable legislation.
In addition, the agreement will be supplemented by relevant legal provisions that regulate the purchase of goods between traders and consumers.
The seller is Hibit AS, Gamle Herregårdsvei 8, 1168 Oslo, organization number: 920 649 289, and is hereinafter referred to as the seller.
The buyer is the consumer who makes the order and is hereinafter referred to as the buyer.
The stated price for the item and services is the total price the buyer is required to pay. This price includes all charges and additional costs. The buyer is not required to pay any additional costs that he or she has not been made aware of before the purchase.
The agreement is binding for both parties when the buyer has sent his order to the seller.
However, the agreement is not binding if there is a typing error in the offer from the seller in the ordering process, in the online store or in the buyer’s order and the other party realized or ought to have realized that such an error existed.
The seller may require payment for the item from the time it is shipped from the seller to the buyer.
If the buyer uses credit or debit card upon payment, the seller may reserve the purchase price on the card when ordering. The card will be charged the same day as the item is shipped.
In case of invoice payment, the invoice of the buyer will be issued upon shipment of the item. The payment deadline appears in the invoice and is at least 14 days from receipt.
Buyers under 18 years can not pay with subsequent invoice.
Delivery has occurred when the buyer, or his representative, has taken over the item.
If no delivery date is stated in the ordering solution, the seller shall deliver the item to the buyer without undue delay and within 30 days of the order from the customer. The item must be delivered to the buyer unless otherwise specifically agreed between the parties.
7. The risk of the goods
The risk of the goods passes upon the buyer when he or his representative has received the goods in accordance with item 6.
8. Right of cancellation
Unless the agreement is exempt from the right of cancellation, the buyer may undo the purchase of the goods under the Copyright Law.
The buyer must notify the seller of the use of the right of cancellation within 14 days from the date of expiry. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday or holiday, the deadline for the next business day is extended.
The deadline for filing is deemed to be complied with if a message has been sent before the expiry of the deadline. The buyer has the burden of proof that the right of cancellation has been made applicable and the notice should therefore be made in writing (cancellation form, e-mail or letter).
The cancellation period begins to run:
- When buying single items, the deadline will expire on the day after the item (s) are received.
- If a subscription is sold or the agreement involves regular delivery of identical goods, the deadline expires on the day after the first shipment is received.
- Complies with the purchase of multiple deliveries, the deadline will run from the day after the last delivery is received.
The expiry date is extended to 12 months after the expiration of the original deadline if the seller does not announce a right of cancellation and a standardized resignation form prior to the date of the agreement. The same applies to missing information about terms, deadlines and procedures for using the right of cancellation. If the trader provides the information during these 12 months, the deadline will expire 14 days after the date the buyer received the information.
When using the right of cancellation, the item must be returned to the seller without undue delay and no later than 14 days from the notice of use of the right of cancellation. Buyer will cover the direct cost of returning the item, unless otherwise agreed or the seller has failed to disclose that the buyer will cover the return costs. The seller can not set a fee for the buyer’s use of the right of withdrawal.
The buyer may try or test the product in a proper manner to determine the nature, characteristics and function of the product without the right of cancellation to fall. If testing or testing of the item goes beyond what is reasonable and necessary, the buyer may be liable for any reduced value of the item.
The seller is obliged to repay the purchase price to the buyer without undue delay and no later than 14 days from the seller was notified of the buyer’s decision to use the right of withdrawal. The seller is entitled to hold back the payment until he has received the goods from the buyer or until the buyer has submitted documentation for the goods returned.
9. Delay and non-delivery – Buyer’s rights and deadline for making claims
If the seller does not deliver the item or deliver it too late in accordance with the agreement between the parties, and this is not due to the buyer or relationship on the buyer, the buyer may, in accordance with the rules in the Consumer Buying Act’s Chapter 5, return the purchase price, demand fulfillment, terminate the agreement and / or claim replacement from the seller.
In case of non-compliance, the statement of evidence should be in writing (for example, e-mail).
The buyer can maintain the purchase and demand fulfillment from the seller. However, the buyer can not demand fulfillment if there is an obstacle that the seller can not overcome or if fulfillment will cause such a major disadvantage or expense to the seller that there is a significant disproportionate interest to the buyer’s interest in the seller fulfilling. Should the difficulties fall away within a reasonable time, the buyer may still require fulfillment.
The buyer loses his right to demand fulfillment if he or she waits unreasonably for a long time to promote the claim.
If the seller does not deliver the item at the time of delivery, the buyer shall request the seller to deliver within a reasonable time limit for fulfillment. If the seller does not deliver the item within the time limit, the buyer may cancel the purchase.
Buyer may, however, cancel the purchase immediately if the seller refuses to deliver the item. 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 delivery date is decisive.
If the item is delivered after the time limit set by the consumer after the delivery date that was decisive for the conclusion of the agreement, the claim must be made within a reasonable period of time after the buyer was informed of the delivery.
The buyer may claim compensation for a little loss due to the delay. However, this does not apply if the seller proves that the delay is due to an obstacle beyond the seller’s control that could not reasonably have been taken into consideration during the term of the agreement, avoided or overcome the consequences.
10. Lack of goods – 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, inform the seller that he or she will invoke the defect. Buyer has always advertised on time if within 2 months. from the deficiency was discovered or should have been discovered. Complaints can be made within two years after the buyer took over the item. If the item or part of it is intended to last substantially longer than two years, the warranty period is five years.
If the product has a defect and this is not due to the buyer or conditions on the buyer, the buyer may, in accordance with the rules in the Consumer Buying Act, chapter 6, in turn, keep the purchase price, choose between rectification and replacement, claim price reduction, demand the agreement raised and / or claim compensation from seller.
Complaints to the seller should be made in writing.
Correction or replacement
The buyer can choose between requiring the defect rectified or delivery of similar items. The seller may, however, oppose the buyer’s claim if the execution of the claim is impossible or results in the seller’s unreasonable costs. Correction or redeployment must be made within a reasonable time. The seller does not initially have the right to make more than two remedies for the same defect.
Buyer may require an appropriate price reduction if the item is not corrected or handed over. This implies that the ratio between discounted and agreed price corresponds to the ratio of the value of the goods in a deficient and contractual manner. If special reasons arise for this, the price rebate can instead be considered equivalent to the defect for the buyer.
If the item is not corrected or returned, the buyer may also cancel the purchase when the defect is not insignificant.
11. Seller’s right to buyer’s default
If the buyer does not pay or meet the other obligations under the agreement or the law, and this is not due to the seller or seller relationship, the seller may, in accordance with the provisions of the Consumer Purchase Act, chapter 9, after the circumstances, return the goods, demand fulfillment of the agreement, demand the agreement as well as claim replacement from the buyer. The seller may also require interest on late payment, collection fee and a reasonable fee for uncollected goods.
The seller can maintain the purchase and demand that the buyer pay the purchase price. If the product is not delivered, the seller loses his right if he waits unreasonably for a long time to promote the claim.
Seller may terminate the agreement if there is material breach of payment or other material breach by the buyer. The seller can not, however, raise if the entire purchase price has been paid. If the seller sells a reasonable additional deadline for fulfillment and the buyer does not pay within this deadline, the seller may raise the purchase.
Interest on late payment / collection fee
If the buyer does not pay the purchase price under the agreement, the seller may claim interest on the purchase price pursuant to the delay interest rate act. In the case of non-payment, the claim may, after prior notice, be sent to the Buyer, be held liable for the fee after collection.
Fees for unpaid non-prepaid items
If the buyer fails to collect unpaid goods, the seller may charge the buyer with a fee. The fee shall cover the seller’s actual outlay to deliver the item to the buyer. Such a fee can not be charged to buyers under 18 years of age.
Warranty provided by the seller or the manufacturer gives the buyer rights in addition to the buyer already having indelible legislation. A warranty does not, therefore, imply any restrictions on the buyer’s right to complaint and claims in case of delay or lack of items 9 and 10.
13. Personal Information
The handling officer for collected personal data is the seller. Unless the buyer agrees to anything else, the Seller may, in accordance with the Personal Data Act, only collect and store the personal information necessary for the seller to be able to fulfill the obligations under the agreement. The buyer’s personal information will only be disclosed to others if it is necessary for the seller to complete the agreement with the buyer, or in a statutory case.
14. Conflict Resolution
Complaints are addressed to the seller within a reasonable time, cf. paragraphs 9 and 10. The parties shall endeavor to resolve any disputes as a matter of urgency. If this fails, the buyer can contact the Consumer Council for mediation. The Consumer Council is available on telephone 23 400 500 or www.forbrukerradet.no.