INTRODUCTION

This purchase is governed by the standard terms and conditions for consumer purchases of goods over the Internet, as outlined below. Internet consumer purchases are primarily regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act, and the E-Commerce Act, which provide consumers with non-waivable rights. These laws are available at www.lovdata.no. The terms of this agreement are not to be understood as a limitation of the statutory rights, but rather set forth the main rights and obligations of the parties involved in the transaction.

These sales conditions have been prepared and recommended by the Consumer Authority. For a better understanding of these conditions, see the Consumer Authority’s guide here.

1. THE AGREEMENT

The agreement consists of these terms and conditions, information provided in the ordering solution, and any specially agreed terms. In case of any conflict between the information, the specially agreed terms between the parties will prevail, provided they do not conflict with mandatory legislation.

The agreement will also be supplemented by relevant statutory provisions governing the purchase of goods between traders and consumers.

2. THE PARTIES

The seller is:

Stranden Fabrications, Garnesstølen 45
5264 Garnes

Email: strfabrications@gmail.com
Phone: +47 48053560

Here and after referred to as the seller.

The buyer is the consumer who places the order and will hereinafter be referred to as the buyer.

3. PRICE

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

Prices for our products are subject to change without notice. 

4. CONCLUSION OF THE AGREEMENT

The agreement is binding for both parties when the buyer has sent their order to the seller.

However, the agreement is not binding if there have been typing or input errors in the seller’s offer in the ordering solution or in the buyer’s order, and the other party realized or should have realized that such an error existed.

5. PAYMENT

The seller may require payment for the goods from the time they are sent from the seller to the buyer.

If the buyer uses a credit card or debit card for payment, the seller can reserve the purchase amount on the card upon ordering. The card will be charged the same day the goods are dispatched.

For payment by invoice, the invoice to the buyer will be issued upon dispatch of the goods. The payment deadline is stated on the invoice and is at least 14 days from receipt.

Buyers under the age of 18 cannot pay by subsequent invoice.

6. DELIVERY

Delivery is considered to have occurred when the buyer, or their representative, has taken possession of the item.

If no delivery time is stated in the ordering solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the order from the customer. The goods shall be delivered to the buyer unless otherwise specifically agreed between the parties.

7. RISK OF THE GOODS

The risk of the goods passes to the buyer when they, or their representative, have received the goods in accordance with section 6.

8. RIGHT OF WITHDRAWAL

Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw from 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 withdrawal period. All calendar days are included in the deadline. If the deadline falls on a Saturday, public holiday, or other non-working day, it is extended to the nearest working day.

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

The withdrawal period begins to run:

• For single items, the day after the item(s) is received.
• For subscriptions or regular deliveries of identical items, the day after the first shipment is received.
• For purchases consisting of multiple deliveries, the day after the last delivery is received.

The withdrawal period is extended to 12 months after the original period if the seller fails to inform about the right of withdrawal and provide a standardized withdrawal form before entering into the agreement. The same applies if there is a lack of information about the conditions, deadlines, and procedures for exercising the right of withdrawal. If the trader provides the information during these 12 months, the withdrawal period expires 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 notification of the use 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 shall cover the return costs. The seller cannot impose a fee for the buyer’s use of the right of withdrawal.

The buyer can try or test the goods in a prudent manner to determine the nature, properties, and functioning of the goods without the right of withdrawal being forfeited. If testing or examination of the goods goes beyond what is prudent and necessary, the buyer may be held liable for any diminished value of the goods.

The seller is obligated to refund the purchase price to the buyer without undue delay, and no later than 14 days from when the seller received notification of the buyer’s decision to exercise the right of withdrawal. The seller has the right to withhold payment until they have received the goods from the buyer, or until the buyer has provided evidence that the goods have been returned.

9. DELAY AND NON-DELIVERY – BUYER’S RIGHTS AND DEADLINE FOR CLAIMS

If the seller fails to 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 Purchases Act, withhold the purchase price, demand fulfillment, cancel the agreement, and/or claim compensation from the seller.

Claims for breach of contract should, for evidentiary reasons, be made in writing (e.g., email).

FULFILLMENT

The buyer may uphold the purchase and demand fulfillment from the seller. However, the buyer cannot demand fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment would cause such a significant disadvantage or cost for the seller that it would be disproportionately greater than the buyer’s interest in the seller fulfilling the agreement. If the difficulties cease within a reasonable time, the buyer can still demand fulfillment.

The buyer loses the right to demand fulfillment if they wait unreasonably long to present 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 fulfillment. If the seller does not deliver the goods within the additional period, the buyer can cancel the purchase.

The buyer can, however, cancel the purchase immediately if the seller refuses to deliver the goods. The same applies if the time of delivery was crucial to the conclusion of the agreement, or if the buyer has informed the seller that the time of delivery is crucial.

If the item is delivered after the additional period set by the consumer or after the time of delivery which was crucial to the conclusion of the agreement, the claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.

COMPENSATION

The buyer can claim compensation for any loss incurred as a result of the delay. This does not apply if the seller proves that the delay was due to an obstacle beyond the seller’s control that could not reasonably have been foreseen at the time of the agreement, avoided, or overcome the consequences of.

10. DEFECTS IN THE GOODS – BUYER’S RIGHTS AND COMPLAINT PERIOD

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 they wish to claim the defect. The buyer has always complained in time if it happens within 2 months from when the defect was discovered or should have been discovered. The complaint can be made no later than two years after the buyer took possession of the goods. If the goods or parts of them are intended to last significantly longer than two years, the complaint period 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 can, in accordance with the rules in Chapter 6 of the Consumer Purchases Act, withhold the purchase price, choose between repair and replacement, demand a price reduction, demand cancellation of the agreement, and/or claim compensation from the seller.

Complaints to the seller should be made in writing.

REPAIR OR REPLACEMENT

The buyer can choose between demanding the defect be repaired or delivery of a similar item. However, the seller can oppose the buyer’s claim if fulfilling the claim is impossible or would cause the seller unreasonable costs. Repair or replacement must be made within a reasonable time. The seller generally does not have the right to make more than two attempts to remedy the same defect.

PRICE REDUCTION

The buyer may claim an appropriate price reduction if the item is not repaired or replaced. 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 particular reasons, the price reduction may instead be set to match the defect’s significance for the buyer.

TERMINATION

If the item is not repaired or replaced, the buyer may also terminate the purchase when the defect is not insignificant.

11. SELLER’S RIGHTS IN CASE OF BUYER’S BREACH OF CONTRACT

If the buyer does not pay or fulfill other obligations under the agreement or law, and this is not due to the seller or circumstances on the seller’s part, the seller may, in accordance with the rules of the Consumer Purchases Act, Chapter 9, withhold the item, demand fulfillment of the agreement, terminate the agreement, and claim compensation from the buyer. The seller may also, under certain circumstances, claim interest for late payment, collection fees, and a reasonable fee for uncollected goods.

FULFILLMENT

The seller may uphold the purchase and demand that the buyer pays the purchase price. If the item has not been delivered, the seller loses this right if he waits an unreasonable amount of time to make the claim.

TERMINATION

The seller may terminate the agreement in the case of significant payment default or other significant breaches of contract by the buyer. However, the seller cannot terminate if the entire purchase price is paid. If the seller sets a reasonable additional period for fulfillment and the buyer does not pay within this period, the seller may terminate the purchase.

INTEREST FOR LATE PAYMENT / COLLECTION FEE

If the buyer does not pay the purchase price according to the agreement, the seller may claim interest on the purchase price according to the Interest on Overdue Payments Act. In the case of non-payment, the claim may, after prior notice, be sent to collection. The buyer may then be held liable for fees according to the Collection Act.

FEE FOR UNCOLLECTED NON-PREPAID ITEMS

If the buyer fails to collect unpaid items, the seller may charge the buyer a fee. The fee shall at most cover the seller’s actual expenses for delivering the item to the buyer. Such a fee cannot 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 already granted under mandatory legislation. Therefore, a warranty does not impose any limitations on the buyer’s right to file complaints and claims for delays or defects according to points 9 and 10.

13. PERSONAL DATA

The seller is responsible for the processing of personal data collected. Unless the buyer agrees otherwise, the seller may, in accordance with the Personal Data Act, only collect and store personal data necessary for the seller to fulfill obligations under the agreement. The buyer’s personal data will only be disclosed to others if it is necessary for the seller to complete the agreement with the buyer, or in cases stipulated by law.

14. DISPUTE RESOLUTION

Complaints should be addressed to the seller within a reasonable time, cf. points 9 and 10. The parties should attempt to resolve any disputes amicably. If this is not successful, the buyer may contact the Consumer Authority for mediation. The Consumer Authority can be reached at telephone 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 can be submitted here: http://ec.europa.eu/odr.