This purchase is governed by the standard Norwegian Sales Conditions for consumer purchases of goods over the Internet. Consumer purchases over the Internet are mainly regulated by avtaleloven (The Contracts Act), forbrukerkjøpsloven (The Consumer Purchases Act), markedsføringsloven (The Marketing Act), angrerettloven (TheRight of Withdrawal Act) and ehandelsloven (The E-commerce Act), and these laws give the consumer inviolable rights. The laws are available at www.lovdata.no/info/information_in_english. The terms of this agreement are not to be understood as any limitation of the statutory rights, but present the most important rights and obligations of the trade for both parties.
The terms and conditions have been prepared and recommended by Forbrukertilsynet (The Norwegian Consumer Protection Authority). For a better understanding of these sales conditions, see their guide here.
1. The Agreement
The agreement consists of these terms and conditions for sale, information provided in the purchase order and any separately agreed terms. In the event of any conflict between the information, it is the separate agreements between the parties which take precedence, as long as it does not conflict with mandatory legislation.
The agreement will also be supplemented by relevant Norwegian legal provisions that regulate the purchase of goods between traders and consumers.
2. The Parties
The seller is Borealis – a festival for experimental music, Strandgaten 207, firstname.lastname@example.org, +47 48 08 84 90, organization number 985 703 167, and is hereinafter referred to as the seller.
The consumer is the one who makes the order, and is referred to in the following as the consumer.
The stated price for the goods and services is the total price which the consumer must pay. This price includes all taxes and additional costs which the consumer must pay, as long as the goods are to be shipped within Norway. The consumer is responsible for any additional costs and import or export taxes connected to shipping abroad.
4. Agreement Conclusion
The agreement is binding for both parties once the consumer has sent their order to the seller.
The agreement is nevertheless not binding if there has been a typing error in the offer from the seller in the order or on the online shop in the consumer’s order confirmation, and the other party realised or should have realised that there was such an error.
5. The Payment
The seller can demand payment for the goods once the item is sent from the seller to the consumer.
If the consumer uses a credit or debit card for payment the seller can reserve the purchase price on the card when ordering. The card is charged on the same day as the item is being sent.
When paying by invoice, the invoice is issued to the consumer when the goods are dispatched. The payment deadline appears on the invoice and is a minimum of 14 days from the consumer receives it.
Consumers under the age of 18 cannot pay with invoice.
Delivery has taken place once the consumer, or their representative, has been handed the item.
If no delivery time is stated in the order confirmation, the seller must deliver the goods to the consumer without unnecessary delay and no later than 30 days after the order from the customer. The goods must be delivered to the consumer unless otherwise separately agreed between the parties.
The risk for the goods passes to the consumer once they, or their representative, has had the goods delivered in accordance with point 6.
8. Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the consumer can cancel the purchase of the goods in accordance with angrerettloven (The Right of Cancellation Act).
The consumer must notify the seller that they are of using the right of withdrawal within 14 days of the withdrawal period starting to run. The period includes all calendar days. If the period ends on a Saturday, holiday or bank holiday, the deadline is extended to the nearest working day.
The withdrawal right is deemed met if the notification is sent before the period runs out. The consumer is responsible for making sure that the withdrawal right has been exercised, and the notification should therefore be done in writing (right of withdrawal form, e-mail or letter).
The withdrawal period starts to run from the day after the item(s) has been received.
The withdrawal period is extended to 12 months after the end of the original period if the seller does not inform the consumer before the agreement that there is a right of withdrawal and a standardised withdrawal form. The same applies in the event of lack of information on terms, deadlines and procedures for using the right of withdrawal. If the seller makes sure to provide the information during these 12 months, the withdrawal period still expires 14 days after the day the consumer received this 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 consumer covers the direct costs of returning the item, unless otherwise agreed or if the seller has failed to state that the consumer must cover the return costs. The seller cannot set a fee for the consumer’s use of the right of withdrawal.
The consumer can try or test the goods in a proper way to determine the nature, properties and function of the goods, without the right of withdrawal being lost. If the examination or testing of the goods goes beyond what is reasonable and necessary, the consumer may be held liable for any reduced value of the goods.
The seller is obliged to repay the purchase price to the consumer without undue delay, and no later than 14 days from the seller receiving notification of the consumer’s decision to exercise the right of withdrawal. The seller has the right to withhold payment until they have received the goods from the consumer, or until the consumer has submitted documentation that the goods have been sent back.
9. Delay and Non-Delivery – the Consumer’s Rights and Deadline for Reporting Claims
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 consumer or circumstances on the consumer’s side, the consumer may, according to the rules in Chapter 5 of forbrukerkjøpsloven (The Consumer Purchase Act), withhold the purchase price, demand action, cancel the agreement and/or demand compensation from the seller.
In case of claims that the agreement is not upheld, the notification should be in writing (for example e-mail) for reasons of evidence.
The consumer can maintain the purchase and demand that the seller meets the agreement. However, the consumer cannot demand this if there is an obstacle that the seller cannot overcome, or if meeting the agreement will cause such great inconvenience or cost to the seller that it is significantly out of proportion to the consumer’s interest. Should the difficulties disappear within a reasonable time, the consumer can still demand that the agreement is met.
The consumer loses their right to demand fulfilment if they wait more than 14 days to make the claim.
If the seller does not deliver the goods within 30 days, the consumer must urge the seller to deliver the goods within a reasonable additional period. If the seller does not deliver the goods within the additional period, the consumer can cancel the purchase.
However, the consumer 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 consumer has notified the seller that the time of delivery is decisive.
If the item is delivered after the additional deadline which the consumer has set, or after the delivery time which was decisive for the conclusion of the agreement, a claim for cancellation must be made within a reasonable time after the consumer becomes aware of the delivery.
The consumer can claim compensation for 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 which could not reasonably have been taken into account at the time of the agreement, avoided or overcome.
10. Defects in the Product – the Consumer’s Rights and Complaint Deadline
If there is a defect in the goods, the consumer must, within a reasonable time after it was discovered or should have been discovered, notify the seller that they want to complain about the defect. The consumer has always complained early enough if it happens within 2 months from the defect being discovered or should have been discovered. Complaints can be made no later than two years after the consumer received the item.
If the item has a defect and this is not due to the consumer or circumstances on the consumer’s side, the consumer may, in accordance with the rules of forbrukerkjøpsloven (The Consumer Purchase Act) chapter 6, withhold the purchase price, choose between correction and redelivery, demand a price reduction, demand that the contract terminates and/or demand compensation from the seller.
Complaints to the seller should be made in writing.
Correction or redelivery
The consumer can choose between demanding that the defect is corrected or to get a delivery of equivalent items. The seller can nevertheless object to the consumer’s claim if the implementation of the claim is impossible or causes the seller unreasonable costs. Correction or redelivery must be made within a reasonable time. In principle, the seller does not have the right to make more than two remedial attempts for the same defect.
The consumer can claim an appropriate price reduction if the item is not corrected or re-delivered. This means that the ratio between the reduced and agreed price corresponds to the ratio between the item’s value in defective and contractual condition. If there are special reasons for this, the price reduction can instead be set equal to the significance of the defect for the buyer.
If the item has not been corrected or re-delivered, the buyer can also cancel the purchase if the defect is significant.
11. The Seller’s Rights in the Event of the Consumer’s Default
If the consumer 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, in accordance with the rules in forbrukerkjøpsloven (The Consumer Purchase Act), chapter 9, depending on the circumstances, withhold the goods, demand fulfilment of the agreement, demand cancellation of the agreement as well as claiming compensation from the consumer. Depending on the circumstances the seller will also be able to demand interest rates for late payment, debt collection and a reasonable fee for uncollected goods.
The seller can maintain the purchase and demand that the consumer pays the purchase price. If the goods are not delivered, the seller loses their right if they wait an unreasonably long time to make the claim.
The seller can cancel the agreement if there is a significant payment default or other significant default on the consumer’s side. The seller cannot withdraw if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for fulfilment and the consumer does not pay within this deadline, the seller can cancel the purchase.
Interest rates in case of late payment/debt collection
If the consumer does not pay the purchase price in accordance with the agreement, the seller can claim interest rates on the purchase price in accordance with forsinkelsesrenteloven (The Late Interest Act). In the event of non-payment, the claim may, after prior notice, be sent to the consumer. The consumer can then be held liable for fees according to inkassoloven (The Debt Collection Act).
12. Personal Data
The seller is responsible for the processing of collected personal data. Unless the consumer agrees otherwise, the seller can in line with personopplysningsloven (The Personal Data Act) only obtain and store the personal data that is necessary in order to carry out the obligations of the agreement. The consumer’s information will only be disclosed to others if it is necessary in order to carry out the agreement with the consumer, or in a legal case.
13. Conflict Resolution
Complaints must be addressed to the seller within a reasonable time, cf. points 9 and 10. The parties must try to resolve any disputes amicably. If this is not successful, the consumer can contact Forbrukertilsynet (The Norwegian Consumer Protection Authority) for mediation. Forbrukertilsynet is available by phone +47 23 400 600 or on www.forbrukertilsynet.no.
The European Commission’s complaints portal can also be used if you wish to submit a complaint. It is particularly relevant if you are a consumer living in another EU country. The complaint is filed here: http://ec.europa.eu/odr.