Terms and conditions

Standard Sales Conditions for the Purchase of Goods Online

Introduction
This purchase is regulated by the Standard Sales Conditions for the Purchase of Goods Online given below. The Purchase of Goods Online are primarily regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Cancellation Act and the E-Commerce Act, and these acts offer consumers mandatory rights. These acts are available (in Norwegian) at www.lovdata.no. The terms of the contract are not to be understood as a limitation on legal rights but describe the respective parties’ most important rights and obligations in regard to the purchase.

These Sales Conditions have been created and are recommended by the Norwegian Consumer Authority. For further information about these Sales Conditions, see the Consumer Authority’s guidelines.

1. Sales Contract
The contract comprises of these Sales Conditions, information provided in the ordering system, as well as any specially agreed conditions. In the event of any conflict in the information provided, anything specially agreed between the parties shall take precedence, provided this is not in breach of the mandatory legislation.

The contract is also supplemented by the relevant statutory provisions regulating the purchase of goods between traders and consumers.

2. Parties
For customers within the EU, the seller is:
Røros Tweed AS,
Tollef Bredals Vei 8, 7374 Røros, Norway.
nettbutikk@rorostweed.no
+47 72 40 67 20
VAT registration number SE502050-955901
and is referred to below as “the Seller”.

The purchaser is the party who placed the order and is referred to below as “the Purchaser”.

3. Prices
The stated prices for items and services are the total price to be paid by the Purchaser. These prices include all taxes and additional costs. The Purchaser shall not be charged any additional costs for which the Seller has not informed the Purchaser beforehand.

4. Conclusion of contract
The contract is binding for both parties as soon as the Purchaser has sent the order to the Seller.

However, a party is not bound by the contract if there are orthographical or typological errors in the product description from the Seller in the ordering system of the online order or in the Purchaser’s order, and the other party realised or should have realised that such an error was present.

5. Payment
The Seller may charge the Purchaser for the goods from the time they are dispatched by the Seller to the Purchaser.

If the Purchaser uses a credit or debit card to make the payment, the Seller may hold the funds on the card when the order is placed. The card will be charged on the same day the items are sent.

6. Delivery
Delivery is deemed to have taken place once the Purchaser or their representative has received the item.

If the delivery time is not stated in the ordering system, the Seller shall deliver the items to the Purchaser within a reasonable time frame and no later than 30 days after the order was placed by the Purchaser. The items shall be delivered to the Purchaser unless special arrangements have been made between the parties.'

7. Product risk
Product risk is assumed by the Purchaser as soon as the item is received by the Purchaser or their representative in accordance with Section 6.

8. Right to cancel
Unless the Purchaser has no right to cancel, they may cancel the order in accordance with the Cancellation Act.

The Purchaser must inform the Seller that they will exercise this right within 14 days of the start of the cancellation period. This period includes all calendar days. If the period ends on a Saturday, Sunday or public holiday, it will be extended until the next business day.

The deadline to exercise the right to cancel will be regarded as having been met if notice is submitted before the end of the cancellation period. The Purchaser has the burden of proof for demonstrating that the right has been asserted. Thus, notice must be submitted in writing (via the cancellation form, e-mail or letter).

The cancellation period begins as follows:

  • For the purchase of individual items, the cancellation period will begin on the day after the item or items have been received.
  • If the order comprises multiple deliveries, the period will begin on the day after the final delivery has been made.

When the right to cancel is exercised, the items must be returned to the Seller within a reasonable time frame and no later than 14 days after notice has been given of the intention to exercise the right. The Purchaser must cover the direct costs associated with returning the items, unless otherwise agreed, or if the Seller has not informed the Purchaser that they are liable for covering the return costs. The Seller is not permitted to set fees for the Purchaser’s use of the right to cancel.

The Seller is obliged to repay the purchase sum to the Purchaser without undue delay and no later than 14 days after the Seller received notice of the Purchaser’s decision to exercise the right to cancel. The Seller has the right to retain the repayment until the item or items have been returned by the Purchaser, or until the Purchaser has documented that the items have been returned.

9. Delays and non-delivery: the Purchaser’s rights and time limit for making a claim
If the Seller does not deliver the items or delivers them late according to the terms of the parties’ contract, and this is not due to the Purchaser or to conditions on the part of the Purchaser, the Purchaser may, in accordance with Chapter 5 of the Consumer Purchases Act, demand performance of the contract or terminate the contract.

For demands of remedy for breach of contract, notice should be given in writing for the purposes of documentation (e.g. by e-mail).

Performance of the contract
The Purchaser may affirm the purchase and demand performance of the contract from the Seller. However, the Purchaser may not demand performance of the contract if there is an obstacle to performance that the Seller cannot overcome, or if performance of the contract would cause a significant disadvantage or expense to the Seller that was out of proportion to the Purchaser’s interest in the performance of the contract. However, if these obstacles were to be removed within a reasonable time frame, the Purchaser may demand performance of the contract.

The Purchaser will lose their right to demand performance of the contract if they wait an unreasonably long time before making a claim.

Termination
If the Seller does not deliver the items within the stipulated time frame, the Purchaser may request the Seller to deliver within a reasonable time frame. If the Seller does not deliver the items within this time frame, the Purchaser may cancel the order.

However, the Purchaser may cancel the order immediately if the Seller refuses to deliver the items. This also applies to cases in which delivery at the agreed time was a decisive factor in the conclusion of the contract, or if the Purchaser had informed the Seller that the delivery time was a decisive factor.

If the item is delivered after the additional time frame set by the Purchaser or after the delivery time and this was a decisive factor in the conclusion of the contract, termination must be requested within a reasonable time frame after the Purchaser was informed of the delivery.

10. Defective items: the Purchaser’s rights and time limit for submitting notice
If the item is defective, the Purchaser must notify the Seller that they wish to invoke the defect within a reasonable time frame after the defect was discovered or should have been discovered. The Purchaser is always considered to have given reasonable notice if such notice is given within two months of the defect being discovered or should have been discovered. Notice may be given no later than two years after the Purchaser took possession of the item. If the item or parts of it are meant to last considerably longer than two years, this deadline shall be extended to five years.

If the item has a defect that is not due to the Purchaser or to conditions on the part of the Purchaser, the Purchaser may, in accordance with Chapter 6 of the Consumer Purchases Act, choose between replacement or demand that the contract be terminated, according to the relevant circumstances.

Notice must be given to the Seller in writing.

  • Replacement
    The Purchaser may choose an equivalent item. However, the Seller is entitled to oppose the Purchaser’s claim if fulfilling the claim is impossible or causes the Seller to incur unreasonable expenses. Replacement shall take place within a reasonable time frame. As a rule, the Seller does not have the right to make more than two attempts to remedy the defect.
  • Termination
    If the item is not repaired or replaced, the Purchaser may also cancel the purchase in the event that the defect is not immaterial.

11. Seller’s rights in the event of breach of contract on the part of the Purchaser
Fees for uncollected, non-prepaid items.

If the Purchaser fails to collect unpaid items, the Seller may charge the Purchaser a fee. The fee shall, as a maximum, cover the Seller’s actual expenses for delivering the item to the Purchaser. Purchasers under 18 years of age cannot be charged this fee.

12. Warranties
Warranties issued by the Seller or manufacturer give the Purchaser additional rights beyond those mandatory rights to which they are entitled. Thus, a warranty does not imply any limitation on the Purchaser’s right to give notice or make claims in the event of delays or defects according to Sections 9 and 10.

13. Personal data
The Seller is responsible for processing the collected personal data. Unless the Purchaser consents otherwise, the Seller may only collect and store whatever personal data is necessary for the Seller to complete its duties according to the contract. The Purchaser’s personal data shall only be given to others if this is necessary in order for the Seller to fulfil the contract with the Purchaser, or in cases where this is required by law.

14. Conflict resolution
Claims must be directed to the Seller within a reasonable time frame in accordance with Sections 9 and 10. The parties shall attempt to resolve any disputes out of court. If this is not successful, the Purchaser may contact the Consumer Council of Norway for mediation. The Consumer Council may be reached on (+47) 23 400 500 or at www.forbrukerradet.no