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Sales conditions

Introduction

This purchase is subject to the following standard terms of sale 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 shall not be construed as limiting the statutory rights, but state the parties' most important rights and obligations for trade.

The terms and conditions of sale have been drawn up and recommended by the Norwegian Consumer Protection Authority. For a better understanding of these sales conditions, see the Norwegian Consumer Protection Authority's guidance here. https://www.forbrukertilsynet.no/lov-og-rett/veileddingen-og-retningslinjer/veiledning-standard-salgskonditioner-forbrukkerkjop-varer-internett

  1. The agreement

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

  1. The parties

Seller Barby Gray AS, Bogstadveien 37, 0366 Oslo, organization number 933819876, and is referred to as seller/seller. Buyer is the consumer who makes the order and is referred to as buyer/purchaser.

  1. Price

Norway:

The stated final price for the goods and services is the total price the buyer must pay. This price includes all taxes (VAT, customs, etc.) and shipping costs (freight, postage, invoice fee, packaging, etc.). Additional costs that the seller has not been informed about before the purchase shall not be borne by the buyer.

Outside Norway:

Taxes, duties, fees may apply. More information under the "Shipping and returns" page.

  1. Conclusion of agreement

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 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 such an error existed.

  1. Payments

The seller can demand payment for the item from the time it has been 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 will be charged on the same day the item is sent. When paying by invoice, an invoice is issued to the buyer when the item is shipped. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt. Buyers under the age of 18 cannot pay with subsequent invoices.

  1. Delivery

Delivery of the goods from the seller to the buyer takes place in the manner, at the place and at the time specified in the order solution in the online store. If a delivery time is not 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. If the seller is to ensure that the goods are sent to the buyer, the person concerned is obliged to have the goods transported to the destination in a suitable manner and under normal conditions for such transport. The goods must be delivered to the buyer unless otherwise agreed between the parties.

  1. 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 section 6. If the delivery time has come and the buyer fails to take over an item that has been made available to him or her in accordance with agreement, the buyer still bears the risk of loss or damage due to characteristics of the goods themselves.

  1. Right of withdrawal

Unless the agreement is exempt from the right of withdrawal, the buyer can cancel the purchase of the goods in accordance with the Right of Cancellation Act. The buyer must notify the seller of the use of the right of withdrawal within 14 days of the deadline starting to run. The deadline includes all calendar days. If the deadline expires on a Saturday or public 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 expiry 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 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 several deliveries, the cancellation period runs from the day after the last delivery has been received.

The withdrawal period is extended to 12 months after the expiry of the original period if the seller does not state before entering into the agreement that there is a right of withdrawal and a standardized withdrawal form. The same applies in the event of a lack of information about terms, deadlines and procedures for using the right of withdrawal. If the trader provides 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 reasonable way to determine the nature, characteristics and function of the goods, without the right of withdrawal being lost. If the testing or testing of the goods goes beyond what is reasonable and necessary, the buyer may be responsible 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 after the seller received 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 provided documentation that the goods have been returned.

  1. Delay and non-delivery - buyer's rights and deadline for complaints

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 can, according to the rules in chapter 5 of the Consumer Purchase Act, withhold the purchase price, demand performance, terminate the agreement and /or demand compensation from the seller. In the event of a claim for non-compliance, the notification should be in writing (e.g. e-mail) for evidentiary reasons.

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 entail such 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 the right to demand fulfillment if he or she waits an unreasonably long time to make the claim.

Cancel the purchase

If the seller does not deliver the goods at the time of delivery, the buyer must encourage 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 goods. 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 goods are delivered after the additional deadline set by the consumer or after the delivery time that was decisive for the conclusion of the agreement, the 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 minor 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 which could not reasonably have been taken into account at the time of the agreement, avoided or overcome the consequences of.

  1. Defect situation - buyer's rights and appeal period

If there is a defect in the goods, the buyer must, within a reasonable time after it was discovered or should have been discovered, notify the seller that he or she wants to claim the defect. The buyer has always complained in 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. The buyer can claim an appropriate price reduction if the item is not corrected or returned. This means that the ratio between the reduced and agreed price corresponds to the ratio between the value of the goods 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.

Cancel the purchase

If the item has not been repaired or returned, the buyer can also cancel the purchase if the defect is not insignificant.

  1. Seller's rights in the event of 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 can, according to the rules in the chapter of the Consumer Purchase Act.

The seller can withhold the goods, demand fulfillment of the agreement, demand cancellation of the agreement and demand compensation from the buyer. The seller will also be able to claim interest for late payment, debt collection fees and a reasonable fee for unclaimed goods depending on the circumstances. If a package is not picked up at the post office or delivery point, we reserve the right to charge the costs this entails. If you do not pick up your package at the post office and the order is returned to us, you will be charged a fee of NOK 250.

Fulfillment

The seller can maintain the purchase and require the buyer to pay 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.

Cancel the purchase

The seller can terminate the agreement if there is a significant default or other significant default on the part of the buyer. The seller still cannot cancel 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 / debt 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 can be sent to the Buyer after prior notice, and the Buyer can then be held liable for fees in accordance with the Debt Collection Act.

Fee for uncollected non-prepaid goods

If the buyer fails to collect unpaid goods, the seller can demand a fee from the buyer. The fee shall at most cover the seller's actual expenditure for delivery of the goods to the buyer. Such a fee cannot be charged to buyers under the age of 18.

  1. Warranty

A warranty given by the seller or manufacturer gives the buyer rights in addition to those the buyer already has according to mandatory legislation. A guarantee does not imply any restrictions on the buyer's right to complaint and claim in the event of delay or defects according to section 9.

  1. Personal information

The controller for collected personal data is the seller. Unless the buyer agrees otherwise, according to the Personal Data Act, the seller can only collect and store the personal data that is necessary for the seller to be able to fulfill the obligations under the agreement. The buyer's personal data will only be disclosed to others if it is necessary for the seller to carry out the agreement with the buyer, or in cases required by law.

  1. Conflict resolution

Complaints are addressed to the seller within a reasonable time, cf. clauses 9 and 10. The parties shall attempt 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 www.forbrukerradet.no. The European Commission's complaints portal can also be used if you wish to submit a complaint. This is particularly relevant if you are a consumer living in another EU country. The complaint is submitted here: http://ec.europa.eu/odr.