Terms and Conditions of sale

Terms and conditions for consumer purchases of goods at Son Spa

Introduction

This purchase is regulated 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 provide consumers with non-negotiable rights. The laws are available at www.lovdata.no. The terms of this agreement shall not be understood as a limitation of the legally granted rights but establish the key rights and obligations of the parties in the transaction.

The terms and conditions have been prepared and recommended by the Consumer Authority. For a better understanding of these terms and conditions, see the Consumer Authority's guide here.

1. Agreement

The agreement consists of these terms and conditions, information provided in the ordering solution, and any separately agreed terms. In case of any inconsistency, the specific terms agreed upon by the parties prevail, provided it does not conflict with mandatory legislation.

Additionally, the agreement will be supplemented by relevant statutory provisions regulating the purchase of goods between businesses and consumers.

2. Parties

The Seller is [Name], [Contact Address], [Email], [Phone Number], [Organization Number], and referred to below as the seller.

The Buyer is the consumer making the order, referred to below as the buyer.

3. Price

The specified price for the goods and services is the total price the buyer shall pay. This price includes all fees and additional costs. Additional costs that the seller has not informed the buyer of before the purchase shall not be borne by the buyer. In case of changes in current state rates for value-added tax, confirmed prices will increase.

4. Conclusion of Agreement

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

The agreement is, however, not binding if there are typos or clerical errors 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 such an error.

5. Payment

The seller may request payment for the goods from the point they are sent from the seller to the buyer.

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

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

Buyers under 18 years old cannot pay by subsequent invoicing.

6. Delivery

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

If the delivery time is not indicated in the ordering solution, the seller shall deliver the goods to the buyer promptly and no later than 30 days after the order from the customer. The goods shall be delivered to the buyer unless otherwise specifically agreed upon by the parties.

7. Risk of the Goods

The risk of the goods passes to the buyer when they, or their representative, receive the goods as outlined in point 6.

8. Right of Withdrawal

Unless exempted 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 exercise of the right of withdrawal within 14 days from the commencement of the deadline. The deadline includes all calendar days. If the deadline falls on a Saturday, holiday, or public holiday, the deadline is extended to the next working day.

The withdrawal period is deemed to be observed if the notification is sent before the deadline expires. The burden of proof that the right of withdrawal has been exercised rests with the buyer, and the notification should therefore be made in writing (withdrawal form, email, or letter).

The withdrawal period begins to run:

• For purchases of individual items, the withdrawal period runs from the day after the item(s) are received.
• If a subscription is sold, or the agreement entails regular delivery of identical goods, the deadline runs from the day after the first shipment is received.
• If the purchase consists of multiple deliveries, the withdrawal period runs from the day after the last delivery is received.

The withdrawal period is extended to 12 months after the expiration of the original deadline if the seller fails to inform the buyer prior to concluding the agreement that there is a right of withdrawal and a standardized withdrawal form. The same applies in case of missing information on terms, deadlines, and procedures for exercising the right of withdrawal. If the merchant provides this information during these 12 months, the withdrawal period expires 14 days after the buyer receives the information.

Upon exercising the right of withdrawal, the goods must be returned to the seller promptly and no later than 14 days from the 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 the buyer that they should cover the return costs. The seller cannot impose a fee for the buyer's exercise of the right of withdrawal.

The buyer may only inspect or test the goods in a manner necessary to determine the nature, characteristics, and functioning of the goods without forfeiting the right of withdrawal. If the inspection 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 obligated to refund the purchase price to the buyer without undue delay and no later than 14 days from when the seller received notice of the buyer's decision to use the right of withdrawal. The seller may withhold the refund until they have received the goods from the buyer or until the buyer provides documentation 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 according to 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 provisions of Chapter 5 of the Consumer Purchases Act, under the circumstances withhold the purchase amount, demand performance, terminate the agreement, and/or demand compensation from the seller.

In case of claims for remedies, the notice for evidential reasons should be in writing (e.g., email).

Performance

The buyer may maintain the purchase and demand performance from the seller. However, the buyer cannot demand performance if there is an obstacle that the seller cannot overcome or if performance would entail such significant inconvenience or cost for the seller that it is disproportionate to the buyer's interest in the seller fulfilling their obligations. Should the obstacles disappear within a reasonable time, the buyer may still demand performance.

The buyer forfeits their right to demand performance if they unreasonably delay in asserting the claim.

Termination

If the seller fails to deliver the goods at the time of delivery, the buyer shall urge the seller to deliver within a reasonable additional time for performance. Should the seller not deliver the goods within the additional time, the buyer may terminate the purchase.

However, the buyer may terminate the purchase immediately if the seller refuses to deliver the goods. The same applies if the timely delivery was crucial for the conclusion of the agreement, or if the buyer has notified the seller that the delivery time was crucial.

If the item is delivered after the additional deadline set by the consumer or after the delivery time that was crucial for the conclusion of the agreement, any claim for termination must be enforced within a reasonable time after the buyer learned about the delivery.

Compensation

The buyer may claim compensation for any loss suffered due to the delay. However, this does not apply if the seller proves that the delay is due to circumstances beyond the seller's control that could not reasonably have been considered at the time of the agreement, avoided, or mitigated.

10. Defects in the Goods - Buyer's Rights and Complaints Deadline

If there is a defect in the goods, the buyer must notify the seller as soon as reasonably possible after it was discovered or should have been discovered, that they intend to invoke the defect. A notification is always made in due time if it occurs within 2 months of the defect being discovered or should have been discovered. A complaint can be made up to two years after the buyer took over the goods. If the goods are intended to last significantly longer than two years, the complaint period is extended to 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 provisions of Chapter 6 of the Consumer Purchases Act, based on the circumstances, withhold the purchase amount, choose between rectification and redelivery, demand a price reduction, terminate the agreement, and/or claim compensation from the seller.

Complaints to the seller should be made in writing.

Rectification or Redelivery

The buyer may demand that the defect be rectified or receive the delivery of an equivalent item. However, the seller may oppose the buyer's request if fulfilling the request is impossible or would incur unreasonable costs for the seller. Rectification or redelivery shall be made within a reasonable time. Initially, the seller is not entitled to carry out more than two remedial attempts for the same defect.

Price Reduction

The buyer may demand an appropriate price reduction if the goods are not rectified or redelivered. This means that the relationship between the reduced and agreed price corresponds to the relationship between the value of the defective and contractual state of the goods. If special reasons call for it, the price reduction may instead be set equal to the significance of the defect for the buyer.

Termination

If the goods are not rectified or redelivered, the buyer may also terminate the purchase if the defect is not insignificant.

11. Seller's Rights in Case 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 seller's side, the seller may, in accordance with the provisions of Chapter 9 of the Consumer Purchases Act, based on the circumstances withhold the goods, demand fulfillment of the agreement, terminate the agreement, as well as claim compensation from the buyer. Depending on the circumstances, the seller may also demand 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 amount. If the goods are not delivered, the seller forfeits their right if they unreasonably delay in asserting the claim.

Termination

The seller may terminate the agreement if there is significant payment default or other significant breach on the part of the buyer. However, the seller cannot terminate if the entire purchase amount has been paid. If the seller sets a reasonable additional time for fulfillment and the buyer does not pay within this period, the seller may terminate the purchase.

Interest for Delayed Payment/Collection Fees

If the buyer does not pay the purchase amount according to the agreement, the seller may demand interest on the purchase amount in accordance with the Delayed Payment Interest Act. In case of non-payment, after prior notice, the claim may be sent to the buyer, who may then be liable for fees in accordance with the Debt Collection Act.

Fee for Unclaimed Non-Prepaid Goods

If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee should at most cover the seller's actual expenses to deliver the goods to the buyer. Such a fee cannot be imposed on buyers under 18 years of age.

12. Warranty

A warranty provided by the seller or the manufacturer gives the buyer rights in addition to those already granted by mandatory legislation. A warranty does not therefore impose any limitations on the buyer's right to complaint and claims for delay or defects under points 9 and 10.

13. Personal Data

The data controller for collected personal data is the seller. Unless the buyer agrees to something else, the seller, in accordance with the Personal Data Act, can only collect and store the personal data necessary for the seller to fulfill its obligations under the agreement. The buyer's personal data will only be disclosed to others if necessary for the seller to complete the agreement with the buyer or in cases prescribed by law.

14. Conflict Resolution

Complaints shall be directed to the seller within a reasonable time, see points 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is not successful, the buyer may contact the Consumer Authority for mediation. The Consumer Authority is available at telephone 23 400 600.

The European Commission's online dispute resolution platform can also be used if you wish to file a complaint, especially if you are a consumer residing in another EU country. The complaint is filed here: http://ec.europa.eu/odr.