TERMS OF PURCHASE
Introduction
This purchase is regulated by the following standard terms of sale for consumer purchases of goods over the Internet. Consumer purchases via the Internet are primarily regulated by the Norwegian Contract Act, Consumer Purchases Act, Marketing Act, Right of Withdrawal Act, and the E-Commerce Act, which provide non-derogable rights to consumers. These laws are available at www.lovdata.no. The terms of this agreement are not to be understood as limitations of statutory rights but outline the key rights and obligations of the parties in the transaction.
The terms of sale have been prepared and recommended by the Norwegian Consumer Authority. For better understanding, refer to the Consumer Authority's guide here.
Agreement
The agreement consists of these terms of sale, information provided in the ordering system, and any specially agreed terms. In the event of conflicts between the information provided, specially agreed terms shall take precedence as long as they do not conflict with non-derogable laws.
The agreement is further supplemented by relevant statutory provisions governing the sale of goods between businesses and consumers.
Parties
The Seller is Firma :Ousdal Sense of Creativity,
Adress: Vestsideveien 1206, 3536 Noresund.
Email: sales@touchofeeva.no
Phone: 408 64 674
Organization number: 995 893 991.
The seller is referred to as "the seller" or "the vendor."
The Buyer is the consumer making the purchase, referred to as "the buyer" or "the purchaser."
Price
The stated price for the goods and services is the total amount the buyer shall pay. This includes all taxes and additional costs. Any costs not disclosed before the purchase shall not be borne by the buyer.
Formation of Agreement
The agreement is binding for both parties once the buyer submits an order to the seller.
However, the agreement is not binding if there are typographical or input errors in the offer provided by the seller in the ordering system or in the buyer's order, and the other party realized or should have realized such an error.
Payment
The seller may demand payment for the goods at the time they are dispatched to the buyer.
For credit or debit card payments, the seller may reserve the purchase amount on the card upon ordering. The card will be charged on the same day the goods are dispatched.
For invoice payments, the invoice will be issued to the buyer upon shipment of the goods. The payment deadline will be at least 14 days from receipt of the goods.
Buyers under the age of 18 cannot pay via post-delivery invoice.
Delivery
Delivery is considered completed when the buyer, or their representative, has taken possession of the goods.
If no delivery time is stated in the ordering system, the seller must deliver the goods to the buyer without undue delay and no later than 30 days after the customer's order. The goods shall be delivered to the buyer unless otherwise explicitly agreed.
Risk of Goods
The risk of the goods passes to the buyer once they, or their representative, have taken possession of the items as per Section 6.
Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may cancel the purchase in accordance with the Right of Withdrawal Act.
The buyer must notify the seller of their intention to exercise the right of withdrawal within 14 days from the start of the withdrawal period. The period includes all calendar days. If the deadline falls on a Saturday, public holiday, or bank holiday, it is extended to the next working day.
Delay or Failure to Deliver – Buyer’s Rights
If the seller fails to deliver the goods or delivers them late according to the agreement, and this is not due to the buyer or circumstances on their side, the buyer may withhold payment, demand fulfillment, cancel the agreement, and/or claim compensation as per the Consumer Purchases Act, Chapter 5.
Defective Goods – Buyer’s Rights
If there is a defect in the goods, the buyer must notify the seller within a reasonable time after the defect was discovered or should have been discovered. The buyer always has two months from the discovery of the defect to make a complaint. Complaints must be made no later than two years after the buyer took possession of the goods unless the goods are intended to last substantially longer, in which case the period is five years.
Seller’s Rights in the Event of Buyer Default
If the buyer fails to pay or fulfill other obligations under the agreement or law, the seller may withhold the goods, demand fulfillment, cancel the agreement, and/or claim compensation as per the Consumer Purchases Act, Chapter 9. The seller may also charge interest for delayed payment, collection fees, and a reasonable fee for unclaimed items.
Guarantee
Any guarantee provided by the seller or manufacturer grants the buyer additional rights beyond those granted by non-derogable legislation. A guarantee does not limit the buyer’s statutory rights to complaint and claim remedies for delays or defects under Sections 9 and 10.
Personal Data
The seller is responsible for the processing of personal data. Unless the buyer consents otherwise, the seller may only collect and store personal data necessary to fulfill their obligations under the agreement, in accordance with the Personal Data Act. Personal data will only be shared if necessary for fulfilling the agreement or as required by law.
Dispute Resolution
Complaints should be directed to the seller within a reasonable time, as per Sections 9 and 10. Parties should attempt to resolve any disputes amicably. If this fails, the buyer may contact the Consumer Authority for mediation. The Consumer Authority can be reached at [contact info].
The European Commission’s complaint portal may also be used for submitting complaints, particularly if the buyer resides in another EU country. Complaints can be filed here: http://ec.europa.eu/odr.