Conditions of sale
We use the Norwegian "Forbrukerrådet" (Consumer Council's template) standard terms and conditions for consumer purchases of goods over the Internet, with adaptations.
Legal country is Norway following norwegian law and language. This is a machine translated version for your information, the Norwegian version applies.
Introduction: This purchase is governed by the following standard terms and conditions 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 inalienable rights. The laws are available at www.lovdata.no. The terms and conditions of this agreement shall not be understood as any limitation of the statutory rights, but set out the parties' most important rights and obligations for the trade. The terms and conditions of sale have been prepared and recommended by the Consumer Authority. For a better understanding of these terms and conditions of sale, see the Consumer Authority's guide.
Table of contents:
1. The agreement
2. The parties
3. Price
4. Conclusion of the agreement
5. Payment
6. Delivery
7. The risk of the goods
8. Right of withdrawal
9. Delay and failure to deliver - the buyer's rights and deadline for reporting claims
10. Defects in the goods - the buyer's rights and deadline for complaints
11. The seller's rights in the event of the buyer's default
12. Warranty
13. Personal data
14. Conflict resolution
1) The agreement
The agreement consists of these terms of sale, information provided in the order form and any separately agreed terms. In the event of any conflict between the information, what has been separately agreed between the parties takes precedence, unless it conflicts with mandatory legislation. The agreement will also be supplemented by relevant legal provisions that regulate the purchase of goods between traders and consumers.
2) The parties
Seller is ROHRMÜLLER MEDICAL, Våler, medic@rohrmed.com, phone nr. 62799723, org.nr. 993398012, and is hereinafter referred to as the seller. Buyer is the consumer who places the order, and is hereinafter referred to as the buyer/purchaser.
3) Price
The stated price for the goods and services is the total price the buyer shall pay. This price includes all taxes and additional costs. Additional costs that the seller has not informed about before the purchase are not to be borne by the buyer.
4) Conclusion of the agreement
The agreement is binding for both parties when the buyer has sent his 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) Payment
The seller requires advance payment for the goods. Subsequent invoices are not sent to private customers for the sale of goods. If the buyer uses a credit or debit card for payment, the seller may reserve the purchase price on the card when ordering. The card will be charged the same day the item is shipped. When paying by invoice, the invoice to the buyer will be issued upon shipment of the item. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt. For pre-paid items, the invoice (marked "paid") will be sent with the item.
6) Delivery
Delivery has taken place when the buyer, or his representative, has taken over the item. If the delivery time is not stated in the order solution, the seller shall deliver the item to the buyer without undue delay and no later than 180 days after the order from the customer. The item shall be delivered to the buyer unless otherwise specifically agreed between the parties.
7) Risk of the item
The risk of the item passes to the buyer when he, or his representative, has received the item in accordance with point 6.
8) Right of withdrawal
The agreement is exempt from the right of withdrawal because the hygienic integrity of the item is not ensured when it has been delivered and/or because its value is reduced by reading. The buyer therefore has no right of withdrawal under the Right of Withdrawal Act. However, a right of withdrawal of 14 days is granted after ordering the item if it has not been sent to the buyer during this period. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday or bank holiday, the deadline is extended to the next business day. The cancellation deadline is considered to have been met if notification is sent before the deadline expires. The buyer has the burden of proof that the right of cancellation has been exercised, and the notification should therefore be made in writing (cancellation form, email or letter). The cancellation deadline is extended to 12 months after the expiration of the original deadline if the seller does not inform the buyer before the contract is concluded that there is a right of cancellation and a standardized cancellation form. The buyer informs the buyer informally in an email which goods he/she wishes to cancel and enters his/her full name and the method of payment used. No additional forms are required. The same applies in the event of a lack of information about the terms, deadlines and procedure for exercising the right of cancellation. If the trader ensures that the information is provided within these 12 months, the cancellation deadline nevertheless expires 14 days after the day the buyer received the information. The seller is obliged to refund the purchase price to the buyer without undue delay, and no later than 14 days from the date on which the seller was notified 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 provided documentation that the goods have been returned.
9) Delay and non-delivery - the buyer's rights and deadline for reporting claims
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 side, the buyer may, in accordance with the rules in Chapter 5 of the Consumer Purchase Act, depending on the circumstances, withhold the purchase price, demand fulfillment, terminate the agreement and/or demand compensation from the seller. In the case of claims for breach of contract, the notification should be in writing (for example, e-mail) for evidentiary reasons.
- Fulfillment
The buyer cannot maintain the purchase and demand fulfillment from the seller because the seller operates a small enterprise with limited resources for production and warehousing, since such demands would entail such a great disadvantage or cost for the seller that it is significantly disproportionate to the buyer's interest in the seller's fulfillment. The buyer loses his or her right to demand fulfillment if he or she waits an unreasonable amount of time to make the claim.
- Cancellation
If the seller does not deliver the goods at the time of delivery, 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 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 notified the seller that the time of delivery is decisive. If the goods are delivered after the additional period set by the consumer or after the time of delivery that was decisive for the conclusion of the agreement, a claim for cancellation must be made within a reasonable time after the buyer became aware of the redelivery
- Compensation
The buyer cannot claim compensation for losses suffered as a result of the delay.
10) Defects in the goods - the buyer's rights and the deadline 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 will claim the defect. The buyer has always made a complaint in time if this 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 buyer took over the goods. However, this does not apply to disposable equipment, consumer goods and wear and tear (e.g. as a result of reading books). Here, a complaint deadline of 30 days is allowed. If the goods have a defect and this is not due to the buyer or circumstances on the buyer's side, the buyer may, in accordance with the rules in the Consumer Purchase Act, Chapter 6, depending on the circumstances, withhold the purchase price, choose between correction and replacement, demand a price reduction, demand the agreement be terminated and/or demand compensation from the seller. Complaints to the seller should be made in writing.
- Correction or replacement
The buyer can choose between demanding the defect be corrected or delivery of equivalent goods. The seller may, however, oppose the buyer's claim if the implementation of the claim is impossible or causes the seller unreasonable costs. Correction or replacement must be carried out within a reasonable time. The seller is not entitled to make more than two attempts to remedy the same defect.
- Price reduction
The buyer can demand an appropriate price reduction if the goods are not corrected or replaced. This means that the ratio between the reduced and agreed price corresponds to the ratio between the value of the goods in the defective and contractual condition. If special reasons justify it, the price reduction can instead be set equal to the importance of the defect for the buyer.
- Withdrawal
If the goods are not corrected or replaced, the buyer can also withdraw from the purchase when the defect is not insignificant.
11) 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 the Consumer Purchase Act, Chapter 9, depending on the circumstances, 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, demand interest for late payment, collection fees and a reasonable fee for uncollected goods. Since goods must be prepaid unless otherwise agreed, there will be little need for such measures.
- Fulfillment
The seller may maintain the purchase and demand that the buyer pay the purchase price. If the goods are not delivered, the seller loses his right if he waits an unreasonable amount of time before making the claim.
- Cancellation
The seller may cancel the agreement if there is a material default on payment or other material default on the part of the buyer. This also applies if the entire purchase price has already been paid, e.g. in the event of circumstances beyond the seller's control such as supply difficulties that make delivery impossible. 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 fee
If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price under the Late Payment Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to debt collection. The buyer may then be held liable for a fee under 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 shall at most cover the seller's actual outlay for delivering the goods to the buyer. Such a fee may not be charged to buyers under 18 years of age.
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 implies no limitations on the buyer's right to make complaints and claims in the event of delay or defects under sections 9 and 10. No further guarantees are provided beyond what is required by law.
13) Personal data
The seller is the controller of collected personal data. Unless the buyer consents to something else, the seller may, in accordance with the Personal Data Act, only collect and store the personal data that is necessary for the seller to be able to carry out the obligations under the agreement. The buyer's personal data will only be
disclosed to others if it is necessary for the seller to be able to carry out the agreement with the buyer, or in cases prescribed by law.
14) Dispute resolution
Complaints must be addressed to the seller within a reasonable time, cf. sections 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is unsuccessful, the buyer can contact the Consumer Council for mediation. The Consumer Council is available by telephone at 23 400 500 or www.forbrukerradet.no.