Terms & Conditions

Terms of Sale

 

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 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 non-negotiable rights. The laws are available www.lovdata.no. The terms 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 transaction.

The terms of sale have been prepared and recommended by the Norwegian Consumer Authority.

They follow Norwegian law.

For en bedre forståelse av disse salgsbetingelsene, se Forbrukertilsynets veileder her.

  1. The Agreement

The Agreement consists of these Terms of Sale, information provided in the order solution 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.

  1. The Parties

The Seller is
Nicole Rivière Design  
c/o Nicole Rivière

Bregnefaret 43a

1405 Langhus

E-mail: [email protected]
Phone: 95083173
Company number: 931799207 and is hereinafter referred to as the seller/seller.

Buyer is the consumer who places the order, and is hereinafter referred to as the buyer/buyer.

  1. Price

The stated price for the goods and services is the total price the buyer must pay. This price includes all taxes and additional costs. The buyer shall not bear any additional costs that the seller has not informed about before the purchase.

  1. 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.

  1. Payment

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 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 goods are sent.

When paying by invoice, the invoice to the buyer will be issued 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.

Ending recurring payments/subscription

Recurring payments are handled via Vipps. To end a recurring payment, you can either send an email to [email protected] or end it yourself via the Vipps app.

In the Vipps app, go to "Recurring payments", select the subscription you want to end and press "Manage subscription". You can then log in with Vipps and end the subscription.

  1. 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 30 days after the order from the customer. The item shall be delivered to the buyer unless otherwise specifically agreed between the parties.

When ordering online courses, the selected course(s) will be available immediately after the order has been placed.

The cancellation period is 24 hours after the order has been placed.

  1. Risk for the item

The risk for the item passes to the buyer when he, or his representative, has received the goods in accordance with point 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 period ends on a Saturday, public holiday or public holiday, the period is extended to the next working day.

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

The withdrawal period begins to run:

  • When purchasing individual goods, the cancellation period will run from the day after the goods(s) are received.
  • If a subscription is sold, or the agreement involves regular delivery of identical goods, the period will run from the day after the first shipment is received.
  • If the purchase consists of multiple deliveries, the cancellation period will run from the day after the last delivery is received.

The cancellation period is extended to 12 months after the expiration of the original period if the seller does not inform the buyer before the conclusion of the agreement that there is a right of withdrawal and a standardized cancellation form. The same applies in the event of a lack of information about the terms, deadlines and procedure for exercising the right of withdrawal. If the trader ensures that the information is provided during these 12 months, the cancellation period will still expire 14 days after the day the buyer received 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 date of 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 that the buyer will cover the return costs. The seller cannot set a fee for the buyer's exercise of the right of withdrawal.

The buyer may try or test the goods in a reasonable manner to determine the nature, properties and function of the goods, without the right of withdrawal lapses. If testing or testing 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 refund the purchase price to the buyer without undue delay and no later than 14 days from the date of notification 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.
When ordering online courses, the cancellation period is 24 hours after placing the order.

  1. Delay and non-delivery - buyers' 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 buyer or circumstances on the buyer's side, the buyer may, in accordance with the rules in Chapter 5 of the Consumer Purchase Act, withhold the purchase price, demand fulfillment, terminate the agreement and/or demand compensation from the seller, depending on the circumstances.

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 may maintain the purchase and demand fulfillment from the seller. However, the buyer may not demand fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment would cause such a great inconvenience or cost to the seller that it is significantly disproportionate to the buyer's interest in the seller fulfilling the contract. Should the difficulties disappear within a reasonable time, the buyer may still demand fulfillment.

The buyer loses his or her right to demand fulfillment if he or she waits unreasonably long before making the claim.

Cancellation

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 deadline 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 notified 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 cancellation must be made within a reasonable time after the buyer became aware of the delivery.

Compensation

The buyer may claim compensation for losses 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 during the contract period, avoided, or overcome the consequences of.

  1. Defects in the goods - the buyer's rights and deadline for complaints

If there is a defect in the goods, 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 always made a complaint in time if this occurs within 2 months from the defect being discovered or should have been discovered. Complaints may be made no later than two years after the buyer took over the goods. If the goods or parts of them are intended to last significantly longer than two years, the deadline for complaints 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 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 items. The seller may nevertheless oppose the buyer's claim if the implementation of the claim is impossible or causes the seller unreasonable costs. Correction or replacement must be made within a reasonable time. 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 repaired or replaced. This means that the ratio between the reduced and the agreed price corresponds to the ratio between the value of the goods in a defective and contractual condition. If special reasons justify this, the price reduction may instead be set equal to the significance of the defect for the buyer.

Cancellation

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

 In the event of a complaint, please contact Nicole Rivière on 950 831 73 or by e-mail [email protected]

 

  1. The seller's rights in the event of the buyer's breach

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 the agreement be canceled and demand compensation from the buyer. The seller may also, depending on the circumstances, claim interest for late payment, collection fees and a reasonable fee for uncollected goods.

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 to file the claim.

Cancellation

The seller may cancel the agreement if there is a material default of payment or other material breach by the buyer. However, the seller may not cancel 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 fee

If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price in accordance with the Late Payment Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to the Buyer. The Buyer may then be held liable for a fee in accordance with the 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.

  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 therefore does not imply any limitations on the buyer's right to make complaints and claims in the event of delay or defects under sections 9 and 10.

  1. Personal data

The seller is the controller of the 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.

  1. 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 may contact the Norwegian Consumer Authority for mediation. The Consumer Protection Agency is available by telephone.

+47-23  400  600  or www.forbrukertilsynet.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 is filed here:

http://ec.europa.eu/odr.

 

 

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