Standard Terms and Conditions for Consumer Sales of Goods via the Internet
Table of Contents:
- Introduction
- The Agreement
- The Parties
- Prices
- Conclusion of the Agreement
- Order Confirmation
- Payment
- Delivery, etc.
- Risk of the Goods
- Right of Withdrawal
- Duty of Inspection
- Buyer’s Rights in Case of Delay
- Buyer’s Rights in Case of Defects
- Seller’s Rights in Case of Buyer’s Breach of Contract
- Warranty
- Personal Data
- Dispute Resolution
- References
Introduction:
This purchase is governed by the following standard terms and conditions for consumer sales of goods via the Internet. Consumer sales refer to the sale of goods to a consumer who primarily does not act as part of a business, while the seller operates in business with the sale of goods online. The contract is prepared and recommended for use by the Consumer Ombudsman.
Consumer sales via the Internet are primarily regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act, which provide consumers with inalienable rights. The terms of this contract should not be understood as a limitation of statutory rights, but rather as outlining the most important rights and obligations of the parties to the transaction. The seller may choose to offer the buyer better terms than those provided in these sales conditions.
In cases where the contract does not directly resolve an issue, the contract must be supplemented with relevant legal provisions.
1. The Agreement
The agreement between the buyer and seller consists of the information the seller provides about the purchase in the ordering system of the online store (including information about the nature, quantity, quality, other properties, price, and delivery terms of the goods), any direct correspondence between the parties (e.g., emails), and these sales terms.
In the event of a conflict between the information provided by the seller in the ordering system, direct correspondence between the parties, and the terms of the sales conditions, direct correspondence between the parties and the information provided in the ordering system shall take precedence over the sales conditions, as long as this does not conflict with binding legislation.
2. The Parties
Seller
Company name: Kaffebryggeriet AS
Contact address: Jogsdatdveien 21, 2007 Kjeller
Email: post@balkekaffe.no
Phone number: +47 91342427
Organization number: 890 742 262
Buyer: The person placing the order.
3. Prices
The prices listed in the online store include VAT.
Information about the total costs the buyer must pay, including all taxes (VAT, customs duties, etc.) and delivery costs (shipping, postage, invoice fees, packaging, etc.), as well as a specification of the individual components of the total price, is provided in the ordering system before the purchase is made. (Deliveries to Svalbard or Jan Mayen are exempt from VAT.)
4. Conclusion of the Agreement
The agreement is binding for both parties once the buyer’s order has been received by the seller.
A party is not bound by the agreement if there are typographical or entry errors in the seller’s offer in the ordering system or in the buyer’s order, and the other party realized or should have realized that such an error existed.
5. Order Confirmation
Once the seller has received the buyer's order, the seller shall confirm the order without undue delay by sending an order confirmation to the buyer.
The buyer is recommended to check that the order confirmation corresponds with the order regarding quantity, product type, price, etc. If there is any discrepancy between the order and the confirmation, the buyer should contact the seller as soon as possible.
6. Payment
The seller may require payment for the goods from the time they are dispatched 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 at the time of ordering for up to four days from the order date.
For credit card payments, the Credit Purchases Act will apply.
If the seller offers post-invoicing, the invoice must be issued to the buyer at the time of shipment. The payment due date must be at least 14 days from when the buyer receives the shipment.
If the seller has a specific need for requiring advance payment from the buyer, such as for custom orders, the seller may demand this.
Buyers under the age of 18 can only pay upon delivery or when the goods are picked up by cash on delivery.
7. Delivery, etc.
Delivery of the goods from the seller to the buyer shall take place in the manner, at the location, and at the time specified in the online store's ordering system.
If the delivery time is not specified in the ordering system, the seller must deliver the goods to the buyer within a reasonable time, but no later than 30 days after the order is placed. If the seller is responsible for shipping the goods to the buyer, the seller must ensure that the goods are transported to the destination in a suitable manner and on the usual terms for such transport. The destination is with the buyer unless otherwise agreed between the parties.
8. Risk for the Goods
The risk for the goods transfers to the buyer when the goods are taken over by the buyer in accordance with the agreement. If the delivery time has come and the buyer fails to take possession of goods that have been made available to him or her according to the agreement, the buyer still assumes the risk of loss or damage caused by the inherent properties of the goods.
9. Right of Withdrawal
The buyer may cancel the purchase of the goods according to the provisions of the Right of Withdrawal Act (7). The right of withdrawal means that the buyer can return the goods to the seller without any reason, even if the goods have no defect and even if they have not been delivered.
The buyer must notify the seller of the use of the right of withdrawal within 14 days after receiving the goods, the prescribed information about the right of withdrawal, and the withdrawal form. If the buyer receives the withdrawal form and the required information later than at the time of delivery, the withdrawal period starts from the day the buyer receives the form and information. If the buyer has not received sufficient information or a withdrawal form, the withdrawal period will still expire 3 months after the goods have been received. If the buyer has not received any information about the right of withdrawal, the period will be 1 year.
The notification from the buyer to the seller about the use of the right of withdrawal should be in writing (withdrawal form, email, fax, or letter) for evidentiary reasons, and it must include details on how the buyer will return the goods to the seller.
Upon exercising the right of withdrawal, the goods must be returned to the seller within a reasonable time. The seller is obligated to refund the entire purchase amount to the buyer within 14 days from the day the seller receives the goods or a receipt, or when the goods are made available to the seller. The seller cannot charge fees for the buyer’s use of the right of withdrawal but may require the buyer to cover the costs of return shipping.
The buyer can inspect the product before deciding to withdraw from the purchase. However, the goods must still be returnable to the seller in almost the same condition and quantity as when the buyer received them. The buyer should return the goods to the seller in their original packaging if possible.
The buyer cannot withdraw from the purchase of goods that deteriorate quickly, goods that by their nature cannot be returned, or audio and video recordings (including CDs, DVDs) or computer programs where the seal has been broken. The latter exception only applies if the seller has clearly informed the buyer of the conditions for forfeiting the right of withdrawal due to the broken seal.
10. Inspection of the Goods
When the buyer receives the goods, it is recommended that they, to a reasonable extent, inspect whether the goods conform to the order, whether they have been damaged during transport, or whether they have other defects.
If the goods do not conform to the order or have defects, the buyer must notify the seller by making a claim as stated in the contract’s section 11.
11. Claims for Defects and Time Limits for Claims Due to Delay
If there is a defect in the goods, the buyer must notify the seller within a reasonable time after discovering the defect, stating that they will invoke the defect.
The deadline can never be shorter than two months from when the consumer discovered the defect. However, a claim must be made no later than two years after the buyer has taken possession of the goods. If the goods or parts of them are meant to last significantly longer, the deadline for making a claim is five years.
In case of delay, claims must be submitted to the seller within a reasonable time after the delivery time has come, and the goods have not been delivered.
If the goods are paid for by credit card, the buyer may also choose to make a claim directly with the credit provider (credit card company) .
The notification to the seller or credit provider should be in writing (email, fax, or letter).
12. Buyer's Rights in Case of Delay
If the seller does not deliver the goods or delivers them late according to the agreement, and this is not due to the buyer or conditions on the buyer’s side, the buyer can, according to the rules in the Consumer Purchases Act, Chapter 5, withhold payment, demand fulfillment, cancel the agreement, and claim compensation from the seller.
Fulfillment: If the seller does not deliver the goods on the agreed delivery date, the buyer may insist on the purchase and set a reasonable additional deadline for fulfillment by the seller. However, the buyer cannot demand fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment would impose such a significant inconvenience or cost on the seller that it would be disproportionate to the buyer's interest in having the seller fulfill the agreement. If the difficulties are resolved within a reasonable time, the consumer may demand fulfillment.
Cancellation: The buyer may cancel the agreement with the seller if the delay is significant or if the seller does not deliver the goods within the additional deadline set by the buyer for fulfillment. However, the buyer cannot cancel the agreement while the additional deadline is running, unless the seller has stated that they will not fulfill the agreement within the deadline.
Compensation: The buyer may also claim compensation for losses suffered due to the seller's delay under the Consumer Purchases Act, Section 24.
The buyer must notify the seller of any claims by making a complaint as stated in the contract's section 11.
13. Buyer's Rights in Case of Defect
If the goods have a defect and this is not due to the buyer or conditions on the buyer’s side, the buyer can, according to the rules in the Consumer Purchases Act, Chapter 6, withhold payment, choose between repair and replacement, demand a price reduction, cancel the agreement, and claim compensation from the seller.
Repair or Replacement: If the goods have a defect, the buyer can demand that the seller repair the defect or replace the goods with an equivalent item. The seller may refuse the buyer's demand if fulfilling the request is impossible or would impose unreasonable costs on the seller.
The seller must carry out the repair or replacement within a reasonable time. The repair or replacement must be made at no cost to the buyer, without risk that the buyer will not be reimbursed for their expenses, and without significant inconvenience to the buyer. The seller cannot attempt more than two repairs or replacements for the same defect, unless there are special reasons that make additional attempts reasonable.
Even if the buyer does not demand repair or replacement, the seller may offer to repair or replace the goods, provided this is done without delay. If the seller provides such a repair or replacement, the buyer cannot demand a price reduction or cancellation.
Price Reduction: If the defect is not repaired or replaced, the buyer can demand a proportional price reduction.
Cancellation: Instead of a price reduction, the buyer can cancel the agreement, except where the defect is insignificant.
Compensation: The buyer may also claim compensation for economic losses suffered due to the defect in the goods under the Consumer Purchases Act, Section 33.
The buyer must notify the seller of any claims by making a complaint as stated in the contract's section 11. The rules on complaints apply in addition to and independently of the rules on the right of withdrawal and any guarantees provided by the seller.
14. Seller's Rights in Case of Breach by the Buyer
If the buyer does not pay or fulfill other obligations under the agreement, and this is not due to the seller or conditions on the seller’s side, the seller may, according to the rules in the Consumer Purchases Act, Chapter 9, withhold the goods, demand fulfillment of the agreement, cancel the agreement, and claim compensation from the buyer. The seller may also, under certain circumstances, charge interest on late payments, collection fees, and fees for unpaid goods not collected in advance.
Fulfillment: If the buyer does not pay, the seller may insist on the purchase and demand that the buyer pays the purchase price (fulfillment). If the goods are not delivered, the seller loses the right to demand fulfillment if they wait unreasonably long to make the claim.
Cancellation: In case of significant breach of payment or other significant breach by the buyer, the seller may cancel the agreement. However, the seller cannot cancel the agreement after the purchase price has been paid.
The seller may also cancel the purchase if the buyer does not pay within a reasonable additional deadline for fulfillment set by the seller. However, the seller cannot cancel while the additional deadline is running, unless the buyer has stated that they will not pay.
Compensation: The seller may claim compensation from the buyer for economic losses suffered due to the buyer's breach of contract under the Consumer Purchases Act, Section 46.
Interest on Late Payment/Collection Fees: If the buyer does not pay the purchase price in accordance with the agreement, the seller may charge interest on the purchase price under the Act on Interest on Late Payment . If payment is not made, the claim may, after prior notice, be sent to collection, and the buyer may then be held responsible for fees under the Act on Debt Collection and Other Enforcement of Claims .
Fees for Uncollected Unpaid Goods: If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee of kr + return shipping. The fee must 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 .
15. Guarantee
Any guarantee provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory law. A guarantee, therefore, does not limit the buyer's right to make claims for delays or defects under sections 12 and 13.
The seller may only collect the buyer’s personal identification number if there is a legitimate need for secure identification and such collection is necessary.
If the seller wishes to use the buyer's personal data for other purposes, such as sending advertisements or information beyond what is required to fulfill the agreement, the seller must obtain the buyer’s consent at the time of the agreement. The seller must inform the buyer about what the personal data will be used for and who will use it. The buyer’s consent must be voluntary and given through an active action, such as by checking a box.
The buyer should easily be able to contact the seller, for example by phone or email, if they have questions about the seller’s use of personal data or if they want the seller to delete or change the personal data.
16. Personal Data (12)
Unless the buyer consents otherwise, the seller may only collect and store personal data necessary for the seller to fulfill their obligations under the agreement. The personal data of buyers under the age of 15 cannot be collected without the consent of a parent or guardian. The buyer’s personal data should only be shared with others if it is necessary for the seller to fulfill the agreement with the buyer, or in legally mandated cases.
The seller may only collect the buyer’s personal identification number if there is a legitimate need for secure identification and such collection is necessary.
If the seller wishes to use the buyer's personal data for other purposes, such as sending advertisements or information beyond what is required to fulfill the agreement, the seller must obtain the buyer’s consent at the time of the agreement. The seller must inform the buyer about what the personal data will be used for and who will use it. The buyer’s consent must be voluntary and given through an active action, such as by checking a box.
The buyer should easily be able to contact the seller, for example by phone or email, if they have questions about the seller’s use of personal data or if they want the seller to delete or change the personal data.
17. Dispute Resolution
The parties should attempt to resolve any disputes amicably. The buyer can contact the Consumer Council for assistance in a dispute with the seller. If an amicable solution is not reached after mediation by the Consumer Council, the parties may submit a written request for the Consumer Council to forward the dispute to the Consumer Disputes Committee. Decisions made by the Consumer Disputes Committee are legally binding four weeks after notification. Before the decision becomes final, the parties may bring the decision to the district court by submitting a summons to the Consumer Disputes Committee.
18. Source List
- See the Value-Added Tax Act of June 19, 1969, No. 66, § 16.
- A credit card is a payment card where the settlement for the purchase occurs later, with the credit provider (credit card company) sending the cardholder an invoice for payment.
- A debit card is a payment card linked to a deposit account. Using the card results in the user's account being debited, and the amount is transferred to the recipient’s account.
- See the standard agreement prepared by the Joint Contract Committee for the Savings Banks Association and the Financial Industry Organization – Terms for Credit Cards and Billing Cards – Consumer Relations, Section 12, and standard terms prepared by the Savings Banks Association and the Financial Industry Organization for Payment Cards, Section 11.
- Credit Purchase Act of June 21, 1985, No. 82.
- Persons under 18 years old can only pay in the ways mentioned since they cannot incur debt, see the Guardianship Act of April 22, 1927, § 2.
- Act of December 21, 2000, No. 105 on the Duty of Disclosure and Right of Withdrawal, etc. for Distance Selling and Sales Outside Fixed Retail Locations (Right of Withdrawal Act).
- Act of December 17, 1976, No. 100 on Interest on Late Payments.
- Act of May 13, 1988, No. 26 on Debt Collection and Other Enforcement of Overdue Claims.
- Fees cannot be charged to persons under 18 years of age, as they cannot incur debt, see Guardianship Act § 2.
- See the Personal Data Act of April 14, 2000, No. 31.
