Standard sales conditions for private purchases of goods over the internet
This purchase is governed by the following standard conditions 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 Withdrawal Act and the E-commerce Act, and these laws give the consumer mandatory rights. The laws are available on www.lovdata.no. The terms of this agreement shall not be understood as a limitation on the statutory rights, but set out the parties’ most important rights and obligations for trade.
The terms of sale have been drawn up and recommended by the Consumer Authority. For a better understanding of these terms of sale, see the Consumer Authority’s guide here.
The agreement consists of these terms of sale, information provided in the ordering solution and any separately agreed terms. In the event of conflict between the information, what has been specifically 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 governing the purchase of goods between traders and consumers.
The seller is Biologen drift AS, Herdlevegen 517, 5315 Herdla, Post@biologenherdla.no,94000968 org.nr. NO 927174227 VAT and is hereinafter referred to as the seller/seller.
The buyer is the consumer who makes the order and is hereinafter referred to as the buyer/buyer.
The stated price for the goods and services is the total price payable by the buyer. This price includes all taxes and additional costs. Any additional costs that are not disclosed by the seller before the purchase, the buyer shall not bear.
- CONCLUSION OF CONTRACT
The agreement is binding on both parties when the buyer has sent his order to the seller.
However, the agreement is not binding if there have been typing errors 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.
The seller can demand payment for the item from the time it is shipped from the seller to the buyer.
If the buyer uses a credit or debit card for payment, the seller may reserve the purchase price on the card at the time of ordering. The card will be charged on the same day the item is shipped.
When paying by invoice, the invoice to the buyer is issued upon shipment of the goods. The payment deadline is stated on the invoice and is at least 14 days from receipt.
Buyers under the age of 18 cannot pay by subsequent invoice.
Delivery is made when the buyer, or his representative, has taken over the item.
If the delivery time is not stated 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 from the customer. The goods must be delivered to the buyer unless otherwise specifically agreed between the parties.
- THE RISK OF THE ITEM
The risk of the goods passes to the buyer when he, or his representative, has had the goods delivered in accordance with clause 6.
- RIGHT OF WITHDRAWAL
Unless the agreement is exempt from the right of withdrawal, the buyer can cancel the purchase of the item in accordance with the Right of Withdrawal Act.
The buyer must notify the seller of the use of the right of withdrawal within 14 days from the start of the deadline. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday or public holiday, the deadline is extended to the nearest business day.
The cancellation period is considered complied with if notification is sent before the expiry of the deadline. The buyer has the burden of proving that the right of withdrawal has been enforced, and notification should therefore be made in writing (withdrawal form, e-mail or letter).
The withdrawal period begins to run:
- When purchasing individual items, the cancellation period will run from the day after the item (s) is 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 will run from the day after the last delivery is received.
The cancellation period is extended to 12 months after the expiry of the original deadline if the seller does not state before entering into the agreement that there is a right of withdrawal and standardized withdrawal form. The same applies in the event of failure to provide information about the terms, deadlines and procedure for exercising the right of withdrawal. If the trader ensures 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 item must be returned to the seller without undue delay and no later than 14 days from notification of use of the right of withdrawal is given. The buyer covers the direct costs of returning the item, unless otherwise agreed or the seller has failed to state that the buyer will 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 item in a proper manner to determine the nature, properties and function of the item, without the right of withdrawal lapsing. If testing or testing of the item goes beyond what is justifiable and necessary, the buyer may be liable for any reduced value of the item.
The seller is obliged to refund the purchase price to the buyer without undue delay, and no later than 14 days from when 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 presented documentation that the goods have been sent back.
- DELAY AND NON-DELIVERY – BUYERS’ RIGHTS AND DEADLINE FOR FILING CLAIMS
If the seller does not deliver the item or delivers it too late in accordance with the agreement between the parties, and this is not due to the buyer or circumstances on the buyer’s side, the buyer may, according to the rules in the Consumer Purchase Act, Chapter 5, withhold the purchase price, demand fulfillment, terminate the agreement and / or demand compensation from the seller.
In the event of a claim for breach of contract, the notification should be in writing (e.g. e-mail) for evidentiary reasons.
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 a great inconvenience or cost to the seller that it is in material disproportion 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 or her right to demand fulfillment if he or she waits unreasonably long to make the claim.
If the seller does not deliver the goods at the time of delivery, the buyer shall 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 item. The same applies if delivery at the agreed time was decisive for the conclusion of the agreement, or if the buyer has informed the seller that the time of delivery is decisive.
If the item is delivered after the additional deadline set by the consumer or after the time of delivery 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.
The buyer may claim compensation for a small 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 Vendor’s control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome the consequences of.
- DEFECT IN THE ITEM – THE BUYER’S RIGHTS AND WARRANTY PERIOD
If there is a defect in the item, the buyer must, within a reasonable time after it was discovered or should have been discovered, notify the seller that he or she will invoke the defect. The buyer has always complained in time if it happens within 2 months from the defect was discovered or should have been discovered. Complaints can be made no later than two years after the buyer took over the goods. If the product or parts of it are intended to last significantly longer than two years, the warranty period 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, according to the rules in the Consumer Purchase Act, Chapter 6, withhold the purchase price, choose between correction and replacement, demand a price reduction, demand termination of the agreement 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 the defect corrected or delivery of similar items. The Seller may nevertheless oppose the Buyer’s claim if the execution of the claim is impossible or causes the Seller unreasonable costs. Correction or redelivery shall be made within a reasonable time. In principle, the Vendor is not entitled to make more than two remedial attempts for the same defect.
The buyer can demand an appropriate price reduction if the item is not corrected or redelivered. This means that the ratio between reduced and agreed price corresponds to the ratio between the value of the thing in defective and contractual condition. If special reasons so indicate, the price reduction may instead be set equal to the significance of the defect for the buyer.
If the item has not been corrected or redelivered, the buyer can also cancel the purchase when the defect is not insignificant.
- SELLER’S RIGHTS IN THE EVENT OF BUYER’S DEFAULT
If the buyer does not pay or fulfil 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, according to the rules in the Consumer Purchase Act, Chapter 9, withhold the goods, demand fulfillment of the agreement, demand termination of the agreement and demand compensation from the buyer. The seller may also, depending on the circumstances, claim interest in the event of late payment, collection fees and a reasonable fee for uncollected goods.
The seller may withhold the purchase and require the buyer to pay the purchase price. If the item is not delivered, the seller loses his right if he waits unreasonably long before submitting the claim.
The Seller may terminate the agreement if there is a material breach of payment or other material breach on the part of the Buyer. However, the seller cannot cancel if the full 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 may claim interest on the purchase price pursuant to the Late Payment Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to the Buyer may then be held liable for a fee pursuant to the Debt Collection Act.
Fee for unclaimed non-prepaid items
If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee shall at most cover the seller’s actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under the age of 18.
Warranty provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A guarantee therefore does not entail any restrictions on the buyer’s right to complaint and claims in the event of delay or defects pursuant to clauses 9 and 10.
- PERSONAL DATA
The data controller for collected personal data is the seller. Unless the buyer agrees otherwise, the seller may, in accordance with the Personal Data Act, only collect and store the personal data necessary for the seller to be able to fulfil the obligations under the agreement. The buyer’s personal data will only be disclosed to others if it is necessary for the seller to implement the agreement with the buyer, or in statutory cases.
- CONFLICT RESOLUTION
Complaints should be addressed to the Vendor within a reasonable time, cf. clauses 9 and 10. The parties shall attempt to resolve any disputes amicably. If this does not succeed, the buyer can contact the Consumer Council for mediation. The Consumer Council is available by telephone 23 400 500 or biologenherdla.no
The European Commission’s complaint portal can also be used if you wish to lodge a complaint. This is particularly relevant if you are a consumer residing in another EU country. The complaint is filed here: http://ec.europa.eu/odr.