Sales and delivery terms for consumer purchases of goods over the internet

All purchases made by private individuals in our online store are governed by the below standard sales conditions for consumer purchases of goods over the Internet.

Consumer purchases over the internet are mainly regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Cancellation Act and the E-commerce Act, and these laws give the consumer inalienable rights. The laws are available at www.lovdata.no. The terms of this agreement are not to be understood as any limitation of the statutory rights, but set out the parties' most important rights and obligations for the trade.

The sales conditions have been drawn up based on recommendations from the Consumer Ombudsman.

1. The Agreement

The agreement consists of these terms and conditions of sale, information provided in the ordering solution and any separately agreed terms. In the event of any conflict between the information, what is separately agreed between the parties takes precedence, as long as it does not conflict with mandatory legislation. The agreement will also be supplemented by relevant legal provisions that regulate the purchase of goods between traders and consumers.

2. The parties

The seller is Ane Haugen Jewelery & Engraving
Torggata 10, 0181 Oslo
kontakt@anehaugen.no
phone 924 396 39
Organization number 898 533 492

The buyer is the consumer who makes the order, and is referred to in the following as the buyer/buyer.

3. Price

The stated price for the goods and services is the total price the buyer must pay. This price includes all taxes and additional costs. Additional costs that the seller has not informed about before the purchase shall not be borne by the buyer.
Ane Haugen J & E reserves the right to price errors in the online store.

4. Conclusion of agreement

The agreement is binding for both parties when the buyer has sent his order to the seller.
The agreement is nevertheless not binding if there has been a typing or typing error in 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 there was such an error.

5. 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 or debit card for payment, the seller can reserve the purchase price on the card when ordering. The card is charged on the same day the item is sent.

In collaboration with Quickpay, we offer payment with Vipps, Visa, Mastercard and Paypal. If the buyer wants an invoice, it will be sent digitally. When the invoice has been paid, the item will be sent from the seller.

6. Delivery

Delivery has taken place when the buyer, or his representative, has taken over the item.
If no delivery time is stated in the order solution, the seller must deliver the goods to the buyer without undue delay and no later than 30 days after the order from the customer. Especially when goods have to be specially adapted, a longer delivery time must be expected. The goods must be delivered to the buyer unless otherwise separately agreed between the parties.

As a rule, it takes 2-5 working days from the time you order the item until it arrives at your place (provided that we have the item in stock, otherwise you will receive an e-mail with estimated delivery). We usually send packages with Posten / Bring.

Unclaimed packages

For packages that are not picked up within the time limit, Ane Haugen J & E reserves the right to debit a fee of NOK 149 for the costs incurred by the dispatch and the package is sent back to the store. Unclaimed packages are not normally covered by the right of withdrawal.

7. The risk of the goods

The risk for the goods passes to the buyer when he, or his representative, has had the goods delivered in accordance with point 6.

8. Right of withdrawal

Unless the agreement is exempt from the right of cancellation, the buyer can cancel the purchase of the goods in accordance with the Right of Cancellation Act.

The buyer must notify the seller of using the right of withdrawal within 14 days of the deadline starting to run. The deadline includes all calendar days. If the deadline ends on a Saturday, holiday or bank holiday, the deadline is extended to the nearest working day. The withdrawal period is deemed to have been met if notification is sent before the end of the period.

The buyer has the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be made in writing (right of withdrawal form, e-mail or letter).

The cancellation period starts to run:

• When purchasing individual items, the cancellation period will run from the day after the item(s) have been received.

• If the purchase consists of several deliveries, the cancellation period will run from the day after the last delivery has been received.

The cancellation period is extended to 12 months after the end of the original period if the seller does not inform the seller of the right of cancellation and a standardized cancellation form before entering into the agreement. The same applies in the event of a lack of information on terms, deadlines and procedures for exercising the right of withdrawal. If the trader makes sure to provide the information during these 12 months, the cancellation 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 use of the right of withdrawal being given. The buyer covers the direct costs of returning the item, unless otherwise agreed or the seller has failed to state that the buyer must cover the return costs. The seller cannot set a fee for the buyer's use of the right of withdrawal.
The buyer can try or test the goods in a proper way to determine the nature, properties and function of the goods, without the right of withdrawal being lost. If the examination or testing of the goods goes beyond what is reasonable and necessary, the buyer may be held liable for any reduced value of the goods.

The seller is obliged to repay 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 he has received the goods from the buyer, or until the buyer has submitted documentation that the goods have been sent back.

The right of withdrawal is waived if the product has been manufactured according to the consumer's specifications, or if the product has been given a clear personal touch. For example, when engraving or customizing a product.

9. Delay and non-delivery - the buyer's rights and deadline for reporting 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 conditions on the buyer's side, the buyer may, in accordance with the rules in Chapter 5 of the Consumer Purchase Act, withhold the purchase price, demand fulfillment, terminate the agreement and /or demand compensation from the seller.

In the case of claims for default powers, the notification should be in writing (for example e-mail) for reasons of evidence.

Fulfillment

The buyer can maintain the purchase and demand fulfillment from the seller. However, the buyer cannot demand fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment will cause such a great inconvenience or cost to the seller that it is significantly out of proportion to the buyer's interest in the seller fulfilling. Should the difficulties disappear within a reasonable time, the buyer can still demand fulfillment. The buyer loses his right to demand fulfillment if he or she waits an unreasonably long time to make the claim.

Elevation

If the seller does not deliver the goods at the time of delivery, the buyer must call on the seller to deliver within a reasonable additional deadline for fulfillment. If the seller does not deliver the goods within the additional deadline, the buyer can cancel the purchase.

However, the buyer can 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 time of delivery is decisive.

If the thing is delivered after the additional deadline the consumer has set or after the time of delivery which 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.

Replacement

The buyer can claim compensation for a slight loss as a result of the delay. However, this does not apply if the seller proves that the delay is due to an obstacle beyond the seller's control which could not reasonably have been taken into account at the time of the agreement, avoided or overcome the consequences of.

10. Defects in the goods - the buyer's rights and deadline for complaints

If there is a defect in the goods, the buyer must notify the seller within a reasonable time after it was discovered or should have been discovered that he or she wants to claim the defect. The buyer has always complained in good time if it happens within 2 months of the defect being discovered or should have been discovered. Complaints can be made no later than two years after the buyer took over the item. If the product or parts of it are intended to last significantly longer than two years, the complaint deadline is five years.

If the item has 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 of the Consumer Purchase Act, chapter 6, withhold the purchase price, choose between rectification and redelivery, demand a price reduction, demand the contract terminated and/or demand compensation from the seller.

Complaints to the seller should be made in writing.

Correction or redelivery

The buyer can choose between demanding that the defect be rectified or delivery of similar items. The seller can nevertheless object to the buyer's claim if the implementation of the claim is impossible or causes the seller unreasonable costs. Correction or redelivery must be made within a reasonable time. In principle, the seller does not have the right to make more than two remedial attempts for the same defect.

Price reduction

The buyer can claim an appropriate price reduction if the item is not corrected or re-delivered. This means that the ratio between the reduced and agreed price corresponds to the ratio between the item's value in defective and contractual condition. If there are special reasons for this, the price discount can instead be set equal to the significance of the defect for the buyer.

Elevation

If the item has not been corrected or re-delivered, the buyer can also cancel the purchase if the defect is not insignificant.

11. The seller's rights in the event of the buyer's default

If the buyer does not pay or fulfill 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 the Consumer Purchase Act, chapter 9, depending on the circumstances, withhold the goods, demand fulfillment of the agreement, demand the agreement be canceled as well as claim compensation from the buyer. The seller will also be able, depending on the circumstances, to demand interest for late payment, debt collection fees and a reasonable fee for uncollected goods.

Fulfillment

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

Elevation

The seller can terminate the agreement if there is a significant payment default or other significant default on the part of the buyer. The seller cannot withdraw if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for fulfillment and the buyer does not pay within this deadline, the seller can cancel the purchase.

Interest in case of late payment/collection fee

If the buyer does not pay the purchase price in accordance with the agreement, the seller can claim interest on the purchase price in accordance with the Late Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to the Buyer, who may then be held liable for fees in accordance with the Debt Collection Act.

Damage or wear and tear on the product upon return

According to Norwegian law, the customer has the opportunity to familiarize himself with the product, before the customer makes use of the right of withdrawal. At the same time, it is important that Ane Haugen J & E receives the item back in the same condition as when it was sent. If not, Ane Haugen J & E will deduct the amount to be refunded according to the following rules:

- No signs that the item has been used and the item has been sent back in the original packaging - No reduction on return

- Less wear and tear on the item or the original packaging - Up to 25 percent of the item's value can be deducted upon return

- Visible wear on the item or the original packaging is missing - Up to 50 percent of the item's value can be deducted upon return

- The item is damaged or parts are missing - Up to 100 percent of the item's value can be deducted upon return

12. Shipping costs

In our online store, shipping is free when you shop for over NOK 1,000, NOK 55 in shipping for goods under NOK 1,000 and NOK 185 for shipping with tracking. Drop-off at the workshop is free, but a time must be agreed for collection.

13. Warranty

A warranty given by the seller or the manufacturer gives the buyer rights in addition to those the buyer already has under non-derogable legislation. A guarantee thus implies no restrictions on the buyer's right to complaint and claim in the event of delay or defects according to points 9 and 10.

14. Personal data

The controller for collected personal data is the seller. Unless the buyer agrees to something else, the seller, in line with the Personal Data Act, can only obtain 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 it is necessary for the seller to complete the agreement with the buyer, or in statutory cases.

15. Conflict resolution

Complaints must be addressed to the seller within a reasonable time, cf. points 9 and 10. The parties must try to resolve any disputes amicably. If this is not successful, the buyer can contact the Consumer Council for mediation. The Consumer Council is available on phone 23 400 500 or forbrukerradet.no.