Payments and refunds

Payments and Refunds
This purchase is governed by the standard terms and conditions for consumer purchases of goods via the Internet, outlined below. 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, which provide the consumer with non-waivable rights. These laws are available at www.lovdata.no. The terms in this agreement should not be understood as limiting the statutory rights but establish the parties’ key rights and obligations for the transaction.

The terms and conditions have been drafted and recommended by the Norwegian Consumer Authority. For a better understanding of these terms, refer to the Consumer Authority’s guide here.

  1. Agreement
    The agreement consists of these terms and conditions, information provided in the ordering solution, and any separately agreed terms. In case of any contradiction between the information, the separately agreed terms between the parties will take precedence, unless they conflict with non-waivable legislation.

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

  1. The Parties
    The seller is [Name], [Contact Address], [Email], [Phone Number], [Organization Number], and is referred to as the seller hereafter.

The buyer is the consumer placing the order and is referred to as the buyer hereafter.

  1. Price
    The price quoted for the goods and services is the total price the buyer must pay. This price includes all taxes and additional costs. Any additional costs that the seller has not informed the buyer about before the purchase will not be borne by the buyer.
  2. Formation of the Agreement
    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 has been a typo or mistake in the offer from the seller in the ordering solution or the buyer’s order, and the other party realized or should have realized that there was an error.

  1. Payment
    The seller can demand payment for the goods from the moment they are shipped to the buyer.

If the buyer pays by credit card or debit card, the seller may reserve the purchase amount on the card at the time of order. The card will be charged on the day the goods are shipped.

When paying by invoice, the invoice is issued to the buyer upon shipment of the goods. The payment deadline is stated on the invoice and is at least 14 days from receipt.

Buyers under 18 years of age cannot pay with a deferred invoice.

  1. Delivery
    Delivery is deemed to have occurred when the buyer, or their representative, has received the goods.

If no delivery time is indicated in the ordering solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the order was placed by the customer. The goods shall be delivered to the buyer unless otherwise specifically agreed between the parties.

  1. Risk of the Goods
    The risk of the goods transfers to the buyer when the buyer, or the buyer’s representative, has received the goods in accordance with section 6.
  2. Right of Withdrawal
    Unless the agreement is excluded from the right of withdrawal, the buyer may withdraw from the purchase of the goods according to the Right of Withdrawal Act.

The buyer must notify the seller of the exercise of the right of withdrawal within 14 days from when the deadline begins. The deadline includes all calendar days. If the deadline falls on a Saturday, holiday, or festive day, the deadline is extended to the next working day.

The right of withdrawal is considered exercised if the notification is sent before the expiry of the deadline. The buyer bears the burden of proof for exercising the right of withdrawal, and therefore, the notification should be in writing (withdrawal form, email, or letter).

The withdrawal period starts:

  • For single 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 original period expires if the seller has not informed the buyer about the right of withdrawal or provided a standardized withdrawal form before the conclusion of the agreement. Similarly, this applies if the seller fails to inform about conditions, deadlines, and the procedure for exercising the right of withdrawal. If the seller provides the information within these 12 months, the withdrawal period still expires 14 days after the buyer received the information.

When exercising the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days after notifying the seller of the withdrawal. The buyer covers the direct cost of returning the goods unless otherwise agreed or the seller has failed to inform the buyer that they will cover the return costs. The seller cannot charge a fee for the buyer’s use of the right of withdrawal.

The buyer can try or test the goods in a reasonable way to ascertain the nature, characteristics, and functionality of the goods without forfeiting the right of withdrawal. If the testing or trial goes beyond what is reasonable and necessary, the buyer may be liable for any reduced 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 when the seller receives the buyer’s notification of the withdrawal. The seller has the right to withhold payment until the goods have been returned or the buyer provides proof of returning the goods.

  1. Delay and Non-delivery – Buyers’ Rights and Deadline for Claims
    If the seller does not deliver the goods or delivers them late according to the agreement between the parties, and this is not due to the buyer or the buyer’s circumstances, the buyer may, according to the rules in Chapter 5 of the Consumer Purchases Act, under certain circumstances, withhold the purchase amount, demand performance, cancel the agreement, and/or claim compensation from the seller.

For claims of breach of contract, the notification should be in writing for evidentiary purposes (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 significant inconvenience or cost to the seller that it is disproportionate to the buyer’s interest in the seller fulfilling the agreement. If the obstacle is removed within a reasonable time, the buyer may still demand performance.

The buyer loses their right to demand performance if they wait an unreasonable length of time to make the claim.

Cancellation
If the seller fails to deliver the goods at the delivery time, the buyer should urge the seller to deliver within a reasonable additional period. If the seller does not deliver the goods within the additional period, the buyer may cancel the purchase.

The buyer may immediately cancel the purchase if the seller refuses to deliver the goods. Similarly, this applies if the delivery time was crucial for the conclusion of the agreement or if the buyer has informed the seller that the delivery time is critical.

If the goods are delivered after the additional period or after the agreed delivery time, the buyer must make the cancellation claim within a reasonable time after learning of the delivery.

Compensation
The buyer may claim compensation for any loss caused by the delay. This does not apply if the seller proves that the delay was due to an obstacle beyond the seller’s control that could not reasonably have been foreseen at the time of the agreement, avoided, or overcome.

  1. Defects in the Goods – Buyers’ Rights and Complaint Deadline
    If there is a defect in the goods, the buyer must notify the seller within a reasonable time after discovering the defect or when they should have discovered it. The buyer has always complained in time if this happens within 2 months of discovering or should have discovered the defect. Complaints can be made no later than 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 deadline is five years.

If the goods are defective and this is not due to the buyer or their circumstances, the buyer may, according to Chapter 6 of the Consumer Purchases Act, under certain circumstances, withhold the purchase amount, choose between repair and replacement, demand a price reduction, cancel the agreement, and/or claim compensation from the seller.

Complaints to the seller should be made in writing.

Repair or Replacement
The buyer can choose between requiring the defect to be repaired or receiving a replacement. The seller may oppose the buyer’s demand if the implementation of the claim is impossible or causes unreasonable costs to the seller. The repair or replacement must be completed within a reasonable time. The seller generally does not have the right to make more than two attempts to remedy the same defect.

Price Reduction
The buyer can demand a suitable price reduction if the goods are not repaired or replaced. This means that the relationship between the reduced price and the agreed price corresponds to the relationship between the value of the goods in defective and contractual condition. If special reasons justify it, the price reduction may instead be based on the significance of the defect for the buyer.

Cancellation
If the goods are not repaired or replaced, the buyer may also cancel the purchase when the defect is not insignificant.

  1. Seller’s Rights in Case of Buyer’s Breach
    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 the seller’s circumstances, the seller may, under the rules in Chapter 9 of the Consumer Purchases Act, withhold the goods, demand performance, cancel the agreement, and/or claim compensation from the buyer. The seller may also claim interest for late payment, collection fees, and a reasonable fee for uncollected goods.

Performance
The seller can insist on the purchase and demand that the buyer pay the purchase price. If the goods are not delivered, the seller loses their right if they wait an unreasonable length of time to make the claim.

Cancellation
The seller may cancel the agreement if there is substantial payment default or other substantial breach by the buyer. The seller cannot cancel if the full 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/Collection Fees
If the buyer does not pay the purchase price according to the agreement, the seller may claim interest on the purchase amount in accordance with the Late Payment Interest Act. If payment is not made, the claim may, after prior notice, be sent to collection. The buyer may then be liable for fees under the Debt Collection Act.

Fee for Uncollected Unpaid Goods
If the buyer fails to collect unpaid goods, the seller may charge a fee. The fee shall cover the seller’s actual costs for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age.

  1. Warranty
    Any warranty provided by the seller or manufacturer gives the buyer additional rights beyond those the buyer already has under non-waivable legislation. A warranty does not limit the buyer’s rights to complain and claim due to delay or defects under points 9 and 10.
  2. Personal Data
    The data controller for the collected personal data is the seller. Unless the buyer agrees otherwise, the seller can only collect and store personal data necessary to fulfill the obligations under the agreement in accordance with the Personal Data Act. The buyer’s personal data will only be disclosed to others if necessary to complete the agreement with the buyer or in cases required by law.
  3. Dispute Resolution
    Complaints should be directed to the seller within a reasonable time, cf. points 9 and 10. The parties should attempt to resolve any disputes amicably. If this is not successful, the buyer may contact the Consumer Authority for mediation. The Consumer Authority can be reached at phone number 23 400 600 or www.forbrukertilsynet.no.

Reselling from models Royalties is and should be around 10-25%. If item is sold and no royalties provided. The user must pay the fee for not sharing royalties to the creator.

The European Commission’s dispute resolution platform can also be used if you wish to submit a complaint, especially relevant if you are a consumer residing in another EU country. The complaint can be submitted here: http://ec.europa.eu/odr.