Terms & Conditions
Introduction
This purchase is governed by the following standard terms of sale for consumer purchases of goods over the Internet. Consumer purchases over the Internet are mainly regulated by the Agreements Act, the Consumer Purchases Act, the Marketing Act, the Undertaking Act and the Ecommerce Act, and these laws give the consumer essential rights. The laws are available at www.lovdata.no. The terms of this Agreement shall not be construed as limiting the statutory rights, but shall set forth the principal rights and obligations of the parties to the trade.
The terms of sale have been prepared and recommended by the Consumer Authority. For a better understanding of these terms of sale, see the Consumer Authority’s guide here.
1. The Agreement
The agreement consists of these terms of sale, information given in the order solution and any specially agreed terms. In the event of a conflict between the information received, what is specifically agreed between the parties will prevail, unless it is contrary to mandatory legislation.
The agreement will also be complemented by relevant legal provisions regulating the purchase of goods between traders and consumers.
2. The Parties
The seller is Naardic Training AS, Gjerdrumsvei 11, 0484 Oslo, email post@naardic.no, VAT number: 924 75 8635, phone number is +47 982 19 494 and is hereinafter referred to as «the seller».
The buyer is the consumer placing the order and is hereinafter referred to as “the buyer”.
3. Price
The quoted price for the goods and services does not include one month paying termination period. The buyer shall not bear any additional costs the seller failed to inform the buyer about.
4. Formation of Agreement
The agreement is binding for both parties once the buyer has sent an order to the seller. However, if there are typing errors in the offer made by the seller, and the buyer is aware, or should be aware of the mistake or error, the agreement is not legally binding.
5. Payment
The seller may claim 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 on payment, the seller can 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 is issued upon shipment of the item. The payment deadline is stated on the invoice and is at least 14 days from receipt.
Buyers under 18 cannot pay with subsequent invoice.
6. Delivery
Delivery is made when the buyer, or his representative, has taken over the item. The goods is delivered within 7 days after the payment is done.
If 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 7 days after the order from the customer. The goods shall be delivered to the buyer unless otherwise agreed between the parties.
7. The risk of the item
The risk of the goods passes to the buyer when he, or his representative, has the goods delivered in accordance with item 6.
8. Withdrawal
Unless the agreement is exempt from the right of cancellation, the buyer may regret the purchase of the goods in accordance with the right of cancellation.
The buyer must notify the seller of the right of withdrawal within 14 days from the deadline starts. The deadline includes all calendar days. If the deadline ends on a Saturday, Sunday or public holiday, the deadline is extended to the nearest working day.
The withdrawal period is considered complied with if a message has been sent before the deadline expires. The buyer has the burden of proof that the right of withdrawal has been invoked, and the notification should therefore be in writing (withdrawal form, email or letter).
The period of regret begins to run:
When purchasing individual items, the withdrawal period will run from the day after the item(s) is received.
If the purchase consists of several deliveries, the withdrawal period will run from the day after the last delivery is received.
The withdrawal period will be extended to 12 months after the expiry of the original deadline if the seller does not state, prior to the conclusion of the agreement, that there is a right of withdrawal and a standardized withdrawal form. The same applies if there is a lack of information on terms, deadlines, and procedures for using the right of withdrawal. However, if the trader provides the information during these 12 months, the withdrawal period expires 14 days after the date 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. The buyer will cover 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 can try or test the item in a proper way to determine the nature, characteristics, and function of the item, without the right of withdrawal. If the trial or test of the item goes beyond what is reasonable and necessary, the buyer may be liable for any reduced value of the item.
The seller is obliged to repay the purchase price to the buyer without undue delay, and within 14 days from the seller was 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 provided documentation that the goods have been returned.
9. Delay and failure to deliver – Buyer´s rights and deadline for reporting claims
If the seller does not deliver the goods 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 part of the buyer, the buyer may, according to the rules in Chapter 5 of the Consumer Purchase Act, withhold the purchase price, demand fulfillment, cancel the agreement and / or claim compensation from the seller.
In the event of a claim for breach of authority, the statement of evidence should be in writing (for example email).
Fulfillment
The buyer can maintain the purchase and demand fulfillment from the seller. However, the buyer cannot claim fulfillment if there is an obstacle the seller cannot overcome, or if fulfillment will cause such a great disadvantage or cost to the seller that there is a significant disproportion to the buyer’s interest in meeting the seller. Should the difficulties fall away within a reasonable time, the buyer may still require fulfillment.
The buyer loses his right to demand fulfillment if he or she waits unreasonably long to advance the claim.
Cancellation
If the seller fails to 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 fails to deliver the goods within the additional deadline, the buyer may 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 crucial for the conclusion of the agreement, or if the buyer has informed the seller that the delivery time is crucial.
If the item is delivered after the additional deadline the consumer has set or after the delivery date which was decisive for the conclusion of the agreement, a claim for cancellation must be made within a reasonable time after the buyer was informed of the delivery.
Replacement
The buyer may claim compensation for some loss because 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 considered at the time of the agreement, avoided, or overcome the consequences.
10. Deficiency of the item – Buyer´s rights and time limit for complaint
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 the right to complain if it happens within 2 months from when the defect was discovered or should have been discovered. Complaints can be made within two years of the buyer taking over the item. If the item or part of it is intended to last for significantly longer than two years, the time limit for the complaint is five years.
If the item has a defect and this is not due to the buyer or circumstances on the part of the buyer, the buyer may, according to the rules of the Consumer Purchase Act, Chapter 6 withhold the purchase price, choose between rectification and delivery, demand a price reduction, demand the agreement canceled and / or demand compensation from seller.
Complaints should be made in writing, for example email.
Correction or redelivery
The buyer can choose between demanding the defect corrected or delivery of similar items. However, the seller may object to the buyer’s claim if the execution of the claim is impossible or the seller incurs unreasonable costs. Correction or delivery must be made within a reasonable time. The seller is basically not entitled to make more than two remedial attempts for the same defect.
Price reduction
The buyer may claim an appropriate price reduction if the item is not corrected or shipped. This means that the ratio between the discounted and the agreed price corresponds to the ratio between the value of the defect and contractual condition. If there are specific reasons for this, the price reduction can instead be set equal to the level of significance for the buyer.
Cancellation
If the item is not corrected or delivered, the buyer can also cancel the purchase when the defect is not insignificant.
11. Seller´s rights in the event of buyer´s default
If the buyer fails to pay or fulfill the other obligations under the agreement or the law, and this is not due to the seller or circumstances on the part of the seller, the seller may, according to the rules of the Consumer Purchase Act Chapter 9 withhold the goods, demand fulfillment of the agreement, demand the agreement be canceled and claim compensation from the buyer. The seller may also, according to the circumstances, be able to claim interest on late payment, collection fees and a reasonable fee for uncollected goods.
Fulfillment
The seller can maintain the purchase and demand that the buyer pay the purchase price. If the item is not delivered, the seller loses his right if he waits unreasonably long to promote the claim.
Cancellation
The seller may terminate the agreement if there is a substantial payment default or other material breach on the part of the buyer. However, the seller cannot withdraw if the entire purchase price is paid. If the seller determines a reasonable additional deadline for fulfillment and the buyer does not pay within this deadline, the seller can cancel the purchase.
Interest on late payment / collection fee
If the buyer fails to pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price in accordance with the Act relating to Interest on Overdue Payments. In the event of failed payment, the claim, after prior notice, can be sent to the buyer who then may be held responsible for fees under the Debt Collection Act.
Fee for uncollected unpaid goods
If the buyer fails to collect unpaid goods, the seller may charge the buyer with a fee. The fee shall cover at most the seller’s actual outlay to deliver the item to the buyer. Such a fee cannot be charged to buyers under 18 years of age.
12. Warranty
The warranty given by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory law. A guarantee therefore does not impose any restrictions on the buyer’s right to complaint and claims in the event of delays or deficiencies under points 9 and 10.
13. Personal information
The seller is responsible for processing any personal data collected. Unless the buyer consents to anything else, in accordance with the Personal Data Act, the seller may only collect and store personal information necessary for the seller to carry out the obligations under the agreement. The buyer’s personal information will only be disclosed to others if it is necessary for the seller to execute the agreement with the Buyer, or in statutory cases. Please read our Privacy Policy Statement here.
14. Conflict resolution
Complaints are addressed to the seller within a reasonable time, cf. paragraphs 9 and 10. The parties shall endeavor to resolve any disputes in amicable terms. If this fails, the buyer can contact the Consumer Council for mediation. The Consumer Council is available on tel. 23 400 500 or www.forbrukerradet.no. You can also send your complaints to the European Commission. This is particularly relevant if you live in another country within the EU. The complaint can be sent here: http://ec.europa.eu/odr