Introduction
This purchase is governed by the following standard terms and conditions of sale for consumer purchases of goods over the Internet. Consumer purchases over the Internet are mainly regulated by the Swedish Contracts Act, the Consumer Purchases Act, the Marketing Act, the Cancellation Act and the E-Commerce Act, and these laws give the consumer mandatory rights. The laws are available at www.lovdata.no. The terms of this agreement shall not be construed as any limitation of the statutory rights, but set out the parties' most important rights and obligations for the transaction.
The terms and conditions of sale have been prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these terms and conditions of sale, see the Consumer Authority's guide here.
1. The agreement
The agreement consists of these terms of sale, information provided in the ordering solution and any separately agreed terms. In the event of any contradiction between the information, what has been specifically agreed between the parties takes precedence, provided that 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.
2. Parties
Seller is ENERGI OG BALANSE AS, Furumovegen 18, 2066 Jessheim, E-mail: post@energiogbalanse.no, Phone: 97 72 65 60, Org. No. 814088162, and is hereinafter referred to as the seller/seller.
The buyer is the consumer who places the order and is referred to below as the buyer/buyer.
3. Price
The stated price for the goods and services is the total price to be paid by the buyer. This price includes all taxes and additional costs. Additional costs that the seller has not informed the buyer of prior to the purchase shall not be borne by the buyer.
4. Conclusion of the agreement
The agreement is binding on both parties when the buyer has sent their 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 there was such an error.
5. Payments
The seller may demand payment for the goods from the time 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 price on the card when ordering. The card will be charged the same 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 a minimum of 14 days from receipt.
Buyers under the age of 18 cannot pay with a subsequent invoice.
6. Delivery
Delivery is deemed to have taken place when the buyer, or his representative, has taken possession of the goods.
If the time of delivery 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 shall be delivered to the buyer unless otherwise specifically agreed between the parties.
7. The risk for the goods
The risk for the goods passes to the buyer when he, or his representative, has received the goods in accordance with clause 6.
8. 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 Cancellation 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 holiday, the deadline is extended to the next working day.
The withdrawal deadline is considered to have been met if notification is sent before the expiry of the deadline. The buyer has the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be made in writing (withdrawal form, e-mail or letter).
The attack deadline begins to run:
- For purchases of individual items, the withdrawal period will run from the day after the item(s) are received.
- If a subscription is sold, or if 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 withdrawal period will run from the day after the last delivery is received.
The cooling-off period is extended to 12 months after the expiry of the original deadline if the seller does not inform the buyer of the existence of a right of withdrawal and a standardized withdrawal form prior to the conclusion of the contract. The same applies if the terms, deadlines and procedures for exercising the right of withdrawal are not provided. If the trader provides the information during these 12 months, the withdrawal period expires 14 days after the day the buyer receives 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 after notification of the right of withdrawal has been given. The buyer covers the direct costs of returning the goods, 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 may try or test the goods in a proper manner to determine the nature, properties and function of the goods, without the right of withdrawal lapsing. If the trial or test of the goods goes beyond what is reasonable and necessary, the buyer may be liable 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 from the seller being notified of the buyer's decision to exercise the right of withdrawal. The seller is entitled to withhold payment until he has received the goods from the buyer, or until the buyer has presented documentation that the goods have been returned.
9. Delay and non-delivery - buyers' rights and deadline for filing a claim
If the seller does not 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 part, the buyer may, depending on the circumstances, withhold the purchase price, demand performance, terminate the agreement and/or claim compensation from the seller in accordance with the rules in Chapter 5 of the Consumer Purchase Act.
In the event of a claim for remedies for breach of contract, the notification should be in writing (e.g. e-mail) for evidentiary reasons.
Fulfillment
The Buyer may maintain the purchase and demand performance from the Seller. However, the Buyer may not demand performance if there is an obstacle that the Seller cannot overcome, or if performance would cause such great inconvenience or cost to the Seller that it is significantly disproportionate to the Buyer's interest in the Seller's performance. Should the difficulties disappear within a reasonable time, the buyer may nevertheless demand performance.
The buyer loses his or her right to demand performance if he or she waits unreasonably long to make the claim.
Lifting
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 period for fulfillment. If the seller does not deliver the goods within the additional deadline, the buyer may cancel the purchase.
However, the buyer may 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 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, a claim for rescission must be asserted within a reasonable time after the buyer became aware of the delivery.
Compensation
The Buyer may claim compensation for any loss suffered 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 Seller's control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome the consequences of.
10. Defects in the goods - the buyer's rights and time limit for complaints
If there is a defect in the goods, the Buyer must notify the Seller within a reasonable time after it was discovered or should have been discovered that he or she intends to invoke the defect. The buyer has always made a timely complaint if it is made 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 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 have a defect and this is not due to the buyer or circumstances on the buyer's part, the buyer may, according to the rules in Chapter 6 of the Consumer Purchases Act, withhold the purchase price, choose between rectification and replacement, claim a price reduction, cancel the contract and/or claim compensation from the seller.
Complaints to the seller should be made in writing.
Rectification or redelivery
The Buyer may choose between demanding that the defect be rectified or delivery of equivalent goods. The Seller may nevertheless oppose the Buyer's claim if the implementation of the claim is impossible or causes the Seller unreasonable costs. Rectification or replacement shall be made within a reasonable time. In principle, the Seller is not entitled to make more than two attempts to remedy the same defect.
Price reduction
The buyer may demand an appropriate price reduction if the goods are not rectified or replaced. This means that the ratio between the reduced and agreed price corresponds to the ratio between the value of the item in its defective and contractual condition. If there are special reasons for doing so, the price reduction may instead be set equal to the significance of the defect for the buyer.
Lifting
If the goods have not been corrected or replaced, the buyer may also cancel the purchase if the defect is not insignificant.
11. The seller's rights in the event of the 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 part, the seller may, in accordance with the rules in Chapter 9 of the Consumer Purchases Act, retain the goods, demand performance of the agreement, demand termination of the agreement and claim 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 unclaimed goods.
Fulfillment
The seller can maintain the purchase and demand that the buyer pays the purchase price. If the goods have not been delivered, the seller loses his right if he waits unreasonably long to make the claim.
Lifting
The Seller may terminate the agreement if there is a material default of payment or other material breach on the part of the Buyer. However, the Seller may not terminate 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 may cancel the purchase.
Interest on late payment/collection fees
If the Buyer fails to pay the purchase price in accordance with the agreement, the Seller may charge interest on the purchase price in accordance with the Interest on Arrears Act. In the event of non-payment, the claim may, after prior notice, be sent to the Buyer may then be held liable for fees under the Debt Collection Act.
Fee for unclaimed non-prepaid goods
If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee shall cover a maximum of 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.
12. 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 entail any restrictions on the buyer's right to complaints and claims in the event of delay or defects under sections 9 and 10.
13. Personal data
The data controller for the personal data collected is the seller. Unless the buyer consents otherwise, the seller may, in accordance with the Personal Data Act, only collect and store the personal data that is necessary for the seller to fulfill its obligations under the agreement. The buyer's personal data will only be disclosed to others if it is necessary for the seller to perform the agreement with the buyer, or in statutory cases.
14. Conflict resolution
Complaints shall be addressed to the Seller 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 may contact the Consumer Authority for mediation. The Consumer Authority is available by telephone on 23 400 600.
The European Commission's complaints portal can also be used if you wish to file a complaint. This is particularly relevant if you are a consumer living in another EU country. The complaint is filed here: http://ec.europa.eu/odr.