Terms and Conditions

This purchase is governed by the following standard terms and conditions for consumer purchases of goods over the Internet. 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. These laws grant the consumer non-negotiable rights. The laws are available at Lovdata. The terms of this agreement shall not be understood as limiting the statutory rights but set forth the parties' key rights and obligations for the transaction.

These terms and conditions have been prepared and recommended by the Consumer Authority. For a better understanding of these terms and conditions, refer to the Consumer Authority's guide here.

The agreement consists of these terms and conditions, information provided in the ordering solution, and any separately agreed-upon terms. In case of any contradiction between the information, the specific agreement between the parties prevails, provided it does not conflict with mandatory legislation.

The agreement will also be supplemented by relevant legal provisions governing the purchase of goods between businesses and consumers.

The seller is Skjoldmøy AS, Høvikvegen 136, 6694 Foldfjorden, Norway, annehoihilder@gmail.com, +47 920 68 141, organization number 926 188 712, hereinafter referred to as the seller.

The buyer is the consumer placing the order, hereinafter referred to as the buyer.

The stated price for the goods and services is the total amount the buyer shall pay. This price includes all taxes and additional charges. Additional costs that the seller has not informed the buyer of before the purchase shall not be borne by the buyer.

The agreement is binding for both parties when the buyer has submitted their order to the seller.

However, the agreement is not binding if there have been typographical or typographical errors in the seller's offer in the online store's ordering solution or in the buyer's order, and the other party realized or should have realized such an error.

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

If the buyer uses a credit card or debit card for payment, the seller may reserve the purchase amount on the card upon ordering. The card will be charged on the same day the goods are dispatched.

In the case of payment by invoice, the buyer will receive the invoice upon shipment of the goods. The payment deadline is specified on the invoice and is a minimum of 14 days from receipt.

Buyers under 18 years of age cannot pay by subsequent invoice.

Delivery is considered complete when the buyer or their representative has taken possession of the item.

If the delivery time is not specified 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 expressly agreed between the parties. The typical global delivery timeframe ranges from 2 to 10 business days.

The risk of the goods passes to the buyer when they or their representative have received the goods in accordance with section 6.

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 exercise of the right of withdrawal within 14 days from the commencement of the deadline. The deadline includes all calendar days. If the deadline falls on a Saturday, holiday, or public holiday, the deadline is extended to the next business day.

The withdrawal period is considered observed if the notification is sent before the expiry of the deadline. The buyer has the burden of proving that the right of withdrawal has been asserted, and the notification should therefore be made in writing (withdrawal form, email, or letter).

The withdrawal period begins:

• For the purchase of individual items, the withdrawal period runs from the day after the item(s) is received.
• If a subscription is sold, or the agreement involves regular delivery of identical goods, the deadline runs from the day after the first shipment is received.
• If the purchase consists of multiple 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 deadline if the seller does not inform about the right of withdrawal and the standardized withdrawal form before the conclusion of the agreement. The same applies in the case of a lack of information about the conditions, deadlines, and procedures for using the right of withdrawal. If the business provides this information during these 12 months, the withdrawal period still expires 14 days after the day the buyer received the information.

When using the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days from the notification of the exercise of the right of withdrawal. The buyer covers the direct costs of returning the goods unless otherwise agreed or the seller has failed to inform that the buyer shall bear the return costs. The seller cannot impose a fee for the buyer's use of the right of withdrawal.

The buyer may try or test the goods in a reasonable manner to determine the nature, characteristics, and functioning of the goods without losing the right of withdrawal. If testing or trying the goods goes beyond what is reasonable and necessary, the buyer may be liable for any diminished value of the goods.

The seller is obligated to refund the purchase price to the buyer without undue delay and no later than 14 days from the seller receiving notification of the buyer's decision to exercise the right of withdrawal. The seller has the right to withhold payment until they have received the goods from the buyer or until the buyer has provided documentation that the goods have been returned.

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, depending on the circumstances, withhold the purchase amount, demand performance, rescind the agreement, and/or claim compensation from the seller in accordance with the rules of Chapter 5 of the Consumer Purchase Act.

For claims for breach of contract, the notice for evidential purposes should be in writing (e.g., email).

Performance

The buyer may insist on the purchase and demand performance from the seller. However, the buyer cannot demand performance if there is an obstacle that the seller cannot overcome, or if performance would cause such inconvenience or cost to the seller that it is significantly disproportionate to the buyer's interest in the seller fulfilling the contract. If the difficulties disappear within a reasonable time, the buyer can still demand performance.

The buyer forfeits the right to demand performance if he or she unreasonably delays making the claim.

Rescission

If the seller does not deliver the goods at the time of delivery, the buyer must urge 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 rescind the purchase.

However, the buyer can immediately rescind the purchase if the seller refuses to deliver the goods. The same applies if delivery at the agreed time was essential for the conclusion of the contract or if the buyer has informed the seller that the delivery time is crucial.

If the item is delivered after the additional period set by the consumer for performance or after the delivery time that was crucial for the conclusion of the contract, claims for rescission must be made within a reasonable time after the buyer learned about the delivery.

Erstatning

The buyer may claim compensation for any loss suffered as a result of the delay. However, this does not apply if the seller can prove 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 overcome.

If there is a defect in the goods, the buyer must notify the seller within a reasonable time after discovering or should have discovered it. The buyer has always complained in time if done within 2 months from the discovery or should have discovered the defect. Complaints can be made up to two years after the buyer took possession of the goods. If the goods or parts of them are intended to last significantly 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, depending on the circumstances, withhold the purchase amount, choose between correction and redelivery, demand a price reduction, demand rescission of the agreement, and/or claim compensation from the seller in accordance with Chapter 6 of the Consumer Purchase Act.

Complaints to the seller should be made in writing.

Correction or Redelivery

The buyer can choose between demanding correction of the defect or delivery of an equivalent item. However, the seller may oppose the buyer's claim if the implementation of the claim is impossible or causes the seller unreasonable costs. Correction or redelivery shall be made within a reasonable time. In principle, the seller is not entitled to make more than two attempts at rectification for the same defect.

Price Reduction

The buyer can demand a reasonable price reduction if the goods are not rectified or redelivered. This means that the relationship between the reduced and agreed price corresponds to the relationship between the value of the defective item and the contractual condition. If special reasons speak for it, the price reduction may instead be set equal to the significance of the defect for the buyer.

Rescission

If the goods are not rectified or redelivered, the buyer can also rescind the purchase when the defect is not insignificant.

If the buyer does not pay or fulfill 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 of Chapter 9 of the Consumer Purchase Act, withhold the goods, demand performance of the agreement, rescind the agreement, and/or claim compensation from the buyer depending on the circumstances. The seller may also, under certain circumstances, claim interest for late payment, collection fees, and a reasonable fee for uncollected goods.

Performance

The seller can maintain the purchase and demand that the buyer pays the purchase price. If the goods are not delivered, the seller loses this right if he waits unreasonably long to assert the claim.

Rescission

The seller can rescind the agreement if there is a significant default in payment or other significant default on the part of the buyer. However, the seller cannot rescind 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 can rescind the purchase.

Interest for Late Payment/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 in accordance with the Late Payment of Debts Act. In case of non-payment, the claim, after prior notice, may be sent to collection. The buyer may then be held responsible for fees according to the Debt Collection Act.

Fee for Uncollected Non-Prepaid Goods

If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee should at most cover the seller's actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age.

Warranty provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. Thus, a warranty does not limit the buyer's right to complain and make claims for delays or defects under points 9 and 10.

The data controller for collected personal information is the seller. Unless the buyer agrees otherwise, the seller, in line with the Personal Data Act, can only collect and store the personal information necessary for the seller 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 fulfill the agreement with the buyer or in cases required by law.