Terms and Conditions

This purchase is regulated by the following standard terms and conditions for consumer purchases of goods over the internet. Consumer purchases over the internet are mainly governed by the Contract Act, the Consumer Purchase Act, the Marketing Act, the Right of Withdrawal Act, and the E-Commerce Act, and these laws provide consumers with non-negotiable rights. The laws are available at www.lovdata.no. The terms in this agreement should not be understood as any limitation of the statutory rights, but outline the parties' main rights and obligations for the transaction.

The terms and conditions of sale have been developed and recommended by the Norwegian Consumer Authority. For a better understanding of these terms and conditions, see the Norwegian Consumer Authority's guide here.

  1. THE AGREEMENT

The agreement consists of these terms and conditions, information provided in the booking solution, and any separately agreed terms. In case of any contradiction between the information, the specific terms agreed upon between the parties take precedence, provided they do not conflict with mandatory legislation.

The agreement will also be supplemented by relevant legal provisions regulating the purchase of goods between businesses and consumers.

  1. THE PARTIES

The seller is Biologen Drift AS, Herdlevegen 517, 5315 Herdla, Post@biologenherdla.no,94000968 company number NO 927174227 VAT, and is referred to hereafter as the seller.

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

  1. PRICE

The stated price for goods and services is the total price the buyer is required to pay. This price includes all taxes and additional costs. Any additional costs that the seller has not informed the buyer about before the purchase shall not be borne by the buyer.

  1. CONCLUSION OF THE AGREEMENT

The agreement is binding for both parties when the buyer has sent their order to the seller.

The agreement is nevertheless not binding if there has been a typographical or input error in the offer from the seller in the booking solution in the online store or in the buyer's order, and the other party realized or should have realized that there was such an error.

  1. PAYMENTS

The seller can demand payment for the goods from the moment they are sent from the seller to the buyer.

If the buyer uses a credit card or debit card for payment, the seller can reserve the purchase amount on the card at the time of the order. The card will be charged on the same day the goods are shipped.

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

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

  1. DELIVERY

Delivery is considered complete when the buyer, or their representative, has taken possession of the item.

If the delivery time is not specified in the booking 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. The goods must be delivered to the buyer unless otherwise specifically agreed between the parties.

  1. RISK OF THE GOODS

The risk of the goods passes to the buyer when he, or his representative, has received the goods delivered in accordance with section 6.

  1. RIGHT OF WITHDRAWAL

Unless the agreement is exempt from the right of withdrawal, the buyer may cancel the purchase of the goods 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 period. The period includes all calendar days. If the deadline ends on a Saturday, public holiday, or holiday, the period is extended to the next business day.

The right of withdrawal is considered to be observed if the notification is sent before the expiration of the period. The buyer bears the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be made in writing (withdrawal form, email, or letter).

The withdrawal period starts running:

  • For the purchase of individual items, the withdrawal period starts the day after the item(s) are received.
  • If a subscription is sold, or if the agreement involves regular delivery of identical goods, the period starts the day after the first shipment is received.
  • If the purchase consists of multiple deliveries, the withdrawal period starts the day after the final delivery is received.

The withdrawal period is extended to 12 months after the expiration of the original period if the seller fails to inform the buyer about the right of withdrawal and the standardized withdrawal form before the agreement is concluded. The same applies if the seller fails to provide information about the terms, deadlines, and procedures for exercising the right of withdrawal. If the business provides this information within these 12 months, the withdrawal period still expires 14 days after the day the buyer receives 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 from the notification of the exercise of the right of withdrawal. The buyer covers the direct costs of returning the goods, unless otherwise agreed or the seller has failed to inform the buyer that they must cover the return costs. The seller cannot impose a fee for the buyer's use of the right of withdrawal.

The buyer may try or test the goods in a reasonable manner to determine the nature, characteristics, and functionality of the goods, without the right of withdrawal being forfeited. If the testing or trial of the goods goes beyond what is reasonable and necessary, the buyer may be responsible for any reduction in the 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 received notice of the buyer's decision to exercise the right of withdrawal. The seller has the right to withhold payment until they have received the goods from the buyer, or until the buyer has provided proof that the goods have been returned.

  1. DELAY AND NON-DELIVERY – BUYER'S RIGHTS AND DEADLINE FOR CLAIMING

If the seller fails to deliver the goods or delivers them 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, in accordance with the rules of Chapter 5 of the Consumer Purchase Act, may under the circumstances withhold the purchase price, demand performance, rescind the agreement, and/or claim compensation from the seller.

In the case of claims for remedies for breach of contract, the notification should, for evidentiary reasons, be in writing (e.g., email).

Performance

The buyer may uphold 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 result in such significant disadvantage or cost for the seller that it is in substantial disproportion to the buyer's interest in having the seller perform. If the difficulties cease within a reasonable time, the buyer may still demand performance.

The buyer loses the right to demand performance if he or she waits an unreasonably long time to assert the claim.

Rescission

If the seller does not deliver the goods at the delivery time, the buyer must encourage the seller to deliver within a reasonable additional period for performance. If the seller does not deliver the goods within the additional period, the buyer may rescind the purchase.

However, the buyer may rescind the purchase immediately if the seller refuses to deliver the goods. The same applies if delivery at the agreed time was crucial for the conclusion of the agreement, or if the buyer has informed the seller that the delivery time is crucial.

If the goods are delivered after the additional period set by the consumer or after the delivery time that was crucial for the conclusion of the agreement, the claim for rescission must be made within a reasonable time after the buyer becomes aware of the delivery.

Compensation

The buyer may claim compensation for any loss incurred due to the delay. However, this does not apply if the seller demonstrates that the delay was caused by an obstacle outside the seller's control, which could not reasonably have been taken into account at the time of the agreement, avoided, or the consequences overcome.

  1. DEFECTS IN THE GOODS – BUYER'S 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 it should have been discovered, that he or she intends to claim the defect. The buyer has always complained in time if this occurs within 2 months from when the defect was discovered or should have been discovered. Complaints can be made up to two years after the buyer has taken possession of the goods. If the goods or parts of them are intended to last significantly longer than two years, the complaint period is five years.

If the goods have a defect and this is not due to the buyer or circumstances on the buyer's side, the buyer, in accordance with the rules in Chapter 6 of the Consumer Purchase Act, may, under the circumstances, withhold the purchase price, choose between repair and replacement, claim a price reduction, demand the contract to be rescinded, and/or claim compensation from the seller.

Complaints to the seller should be made in writing.

Repair or replacement

The buyer may choose between requesting the defect to be repaired or the delivery of an equivalent item. However, the seller may oppose the buyer's claim if fulfilling the claim is impossible or would result in unreasonable costs for the seller. Repair or replacement should be carried out within a reasonable time. As a general rule, the seller is not entitled to make more than two attempts to remedy the same defect.

Price reduction

The buyer may claim an appropriate price reduction if the goods are not repaired or replaced. This means that the ratio between the reduced price and the agreed price corresponds to the ratio between the value of the goods in their 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.

Rescission

If the goods are not repaired or replaced, the buyer may also rescind the purchase if the defect is not insignificant.

  1. SELLER'S RIGHTS IN CASE OF BUYER'S BREACH OF CONTRACT

If the buyer fails to pay or fulfill other obligations under the agreement or law, and this is not due to the seller or circumstances on the seller's side, the seller, in accordance with the rules in Chapter 9 of the Consumer Purchase Act, may, under the circumstances, withhold the goods, demand performance of the agreement, demand the contract to be rescinded, and claim compensation from the buyer. The seller may also, under certain circumstances, claim interest for delayed payment, collection fees, and a reasonable charge for uncollected goods.

Performance

The seller may uphold the purchase and demand that the buyer pays the purchase price. If the goods have not been delivered, the seller loses the right if they wait an unreasonably long time to assert the claim.

Rescission

The seller may rescind the agreement if there is a substantial breach of payment or other significant breach by the buyer. However, the seller cannot rescind if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for performance and the buyer fails to pay within this period, the seller may rescind the purchase.

Interest for delayed payment/collection fees

If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price according to the Late Payment Interest Act. In case of non-payment, the claim, after prior notice, may be sent for collection, and the buyer may be held liable for fees according to the Debt Collection Act.

Fee for uncollected non-prepaid goods

If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee should not exceed 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

A warranty provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A warranty thus does not limit the buyer's right to complaint and claims for delay or defects under sections 9 and 10.

  1. PERSONAL DATA

The data controller for the 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 fulfill the obligations under the agreement. The buyer's personal data will only be disclosed to others if necessary for the seller to fulfill the agreement with the buyer, or in cases required by law.

  1. DISPUTE RESOLUTION

Complaints should be made to the seller within a reasonable time, see sections 9 and 10. The parties should attempt to resolve any disputes amicably. If this is not successful, the buyer may contact the Consumer Council for mediation. The Consumer Council can be reached at phone number 23 400 500 or www.forbrukerradet.no.

The European Commission's complaint portal can also be used if you wish to file a complaint. This is particularly relevant if you are a consumer residing in another EU country. The complaint can be submitted here: http://ec.europa.eu/odr.

 

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