Standard conditions of sale for consumer purchases of goods over the Internet

Table of contents:

Introduction

1. Agreement

2. The parties

3. Prices

4. Conclusion of the agreement

5. Order confirmation

6. Payment

7. Delivery, etc.

8. The risk of the item

9. Right of withdrawal

10. Duty to investigate

11. Complaints in the event of a defect and deadline for filing a claim in the event of delay

12. Buyer's rights in the event of delay

13. Buyer's rights in the event of a defect

14. Seller's rights in the event of buyer's default

15. Warranty

16. Personal data

17. Dispute Resolution

18. List of Sources

 

Introduction:

This purchase is governed by the below standard terms of sale for consumer purchases of goods over the Internet. In this context, consumer purchases mean the sale of goods to consumers who do not primarily act as part of business activities, and when the seller is engaged in commercial activities selling goods over the Internet. The contract has been drawn up and recommended for use by the Consumer Authority.

Consumer purchases over the Internet are mainly regulated by the Contracts Act, the Consumer Purchase Act, the Marketing Act, the Right of Withdrawal Act and the Electronic Commerce Act, and these laws give consumers mandatory rights. The terms of the contract shall not be understood as any limitation of the statutory rights, but set out the main rights and obligations of the parties for the trade. The seller may choose to offer the buyer better terms than what is stated in these terms of sale.

In cases where the contract does not directly provide the solution to a problem, the contract must be supplemented with relevant legal provisions.

 

1. Agreement

The agreement between buyer and seller consists of the information the seller provides about the purchase in the ordering solution in the online store (including, among other things, information about the nature, quantity, quality, other characteristics, price and delivery terms), any direct correspondence between the parties (e.g. e-mail) and these terms of sale.

In the event of a conflict between the information provided by the seller about the purchase in the ordering solution in the online store, direct correspondence between the parties and the terms of "the terms of sale", direct correspondence between the parties and the information provided in the ordering solution takes precedence over the terms of sale, as long as it does not conflict with binding legislation.

 

2. The parties

Seller Company name: Christer Invest AS
Email: support@lovec.uk
Organisation number: 989938029

The buyer is the person who makes the order.

 

3. Prices

The prices, which are stated in the online store www.lovec.uk, does not include any VAT, TAX or customs for customers outside of Norway. If you are an inhabitant of Norway, you need to use the Norwegian online store, www.lovec.no.

The prices of all our products are approximately 25% higher in Norway, where VAT is included. 

Information about the total costs the buyer must pay, including all taxes (VAT, customs, etc.) you need to check with your local authorities. 

 

4. Conclusion of agreement

The agreement is binding on both parties when the buyer's order is received by the seller.

However, a party is not bound by the agreement if there has been typing or typing 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 that there was such an error.

 

5. Order confirmation

Once the Seller has received the Buyer's order, the Seller shall without delay confirm the order by sending an order confirmation to the Buyer.

It is recommended that the buyer checks that the order confirmation matches the order in terms of quantity, type of goods, price, etc. If there is no match between the order and the order confirmation, the buyer should contact the seller as soon as possible.

 

6. Payment

The seller can demand payment for the item from the time it is shipped from the seller to the buyer.

If the buyer uses credit card (2) or debit card (3) for payment, the seller may reserve the purchase price on the card at the time of ordering for up to 4 days from the order. (4)

When paying by credit card, the Law on credit purchases etc. will apply. (5)

If the seller has a special need to demand an advance payment from the buyer, for example in the case of manufacturing purchases, the seller may require this. 

Buyers under the age of 18 can only pay directly on the seller's delivery of the item or on delivery of the item by cash on delivery. (6)

 

7. Delivery, etc.

Delivery of the goods from the seller to the buyer takes place as stated in the online store.

If the delivery time is not stated in the ordering solution, the seller shall deliver the item to the buyer within a reasonable time and no later than 30 days after the order from the customer. If the seller is to ensure that the goods are sent to the buyer, he is obliged to have the goods transported to their destination in a suitable manner and on normal terms for such transport. The destination is with the buyer unless otherwise specifically agreed between the parties.

 

8. The risk of the item

The risk of the item passes to the buyer when the product is taken over by the buyer according to the agreement. If the goods are deliverd to the pick up place, and the buyer fails to take over an item that has been made available to him or her under the agreement, the buyer still has the risk of loss or damage caused by characteristics of the item itself.

 

9. Right of withdrawal

The buyer can cancel the purchase of the item in accordance with the provisions of the Right of Withdrawal Act (7). Right of withdrawal means that the buyer can return the item to the seller without reason even if there is no defect in it and even if it has not been delivered. The buyer are then responisble for all transportation costs. 

The buyer must notify the seller of the use of the right of withdrawal within 14 days after the item, the information about the right of withdrawal and the right of withdrawal form are received. If the buyer receives the withdrawal form and the necessary information at a later date than upon delivery of the item, the withdrawal period begins to run from the day the buyer receives the right of withdrawal form and the information. 

When using the right of withdrawal, the item must be returned to the seller within a reasonable time. The seller is obliged to refund the full purchase price to the buyer within 14 days from the day the seller receives the item or pick-up note or the item is placed at the seller's disposal. The seller cannot set fees for the buyer's use of the right of withdrawal, but the seller will require the buyer to pay the cost of the return shipment.

The buyer can examine the product before he or she regrets the purchase. The item must still be able to be returned to the seller in the same condition and quantity as it was in when the buyer received it. The buyer should send the item back to the seller in its original packaging if possible. If the item is used in any way, and the seller can't sell the item as a new and unused product, the buyer wavees the right to a refund. 

 

10. Examination of the item

When the buyer receives the item, it is recommended that he or she investigate to a reasonable extent whether it complies with the order, whether it has been damaged during transport or if it otherwise has defects.

If the item does not match the order or has defects, the buyer must notify the seller in the event of a complaint, cf. clause 11 of the contract.

 

11. Complaints in the event of a defect item, and deadline for filing a claim in the event of delay

If there is a defect item, the buyer must, within a reasonable time after he or she discovered it, notify the seller that he or she will invoke the defect.

The deadline for filling a claim, is one week after the consumer discovered the defect. 

In the event of a delay, claims must be addressed to the seller within a reasonable time after the delivery time has arrived and the item has not been delivered.

If the item is paid for by credit card, the buyer can also choose to complain and send claims directly to the credit provider (credit card company). (8)

The notification to the seller or credit provider should be in writing (e-mail).

 

12. Buyer's rights in the event of delay

If the seller does not deliver the item 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 buyer's part, the buyer may, according to the rules in Chapter 5 of the Consumer Purchase Act, withhold the purchase price, demand fulfillment, terminate the agreement and demand compensation from the seller.

Fulfillment: If the seller does not deliver the item at the time of delivery, the buyer can maintain the purchase and set a reasonable additional deadline for fulfillment from the seller. However, the buyer cannot demand fulfillment if there is an obstacle that the seller cannot overcome or if fulfillment will cause such a great inconvenience or cost to the seller that it is in material disproportion to the buyer's interest in the sellers fulfilling. If the difficulties lapse within a reasonable time, the consumer can demand fulfillment.

Cancellation: The buyer may terminate the agreement with the seller if the delay is essential or if the seller does not deliver the item within the additional deadline for fulfillment that the buyer has stipulated. However, the buyer cannot terminate the agreement while the additional deadline is in place, unless the seller has said that he or she will not fulfill within the deadline.

Compensation: The buyer may also claim compensation for losses he or she suffers as a result of the delay on the part of the seller, cf. Section 24 of the Consumer Purchase Act.

The buyer must report claims to the seller in the event of a complaint, cf. clause 11 of this contract.

 

13. Buyer's rights in the event of a defect

If the item has a defect and this is not due to the buyer or circumstances on the buyer's side, the buyer may, according to the rules of the Consumer Purchase Act Chapter 6, withhold the purchase price, choose between correction and redelivery, demand a price reduction, or demand termination of the agreement.

Correction or redelivery: If the item has a defect, the buyer can demand that the seller rectify the defect or redeliver the corresponding item. The seller may oppose the buyer's claim if the execution of the claim is impossible or causes the seller unreasonable costs.

The seller shall make the correction or redelivery within a reasonable time. Rectification or redelivery shall be made at no cost to the buyer, without the risk that the buyer will not be reimbursed for his expenses and without significant inconvenience to the buyer. The seller may not make more than two attempts at rectification or redelivery for the same defect, unless there are special reasons that make further attempts reasonable.

Even if the buyer does not require correction or redelivery, the seller can offer correction or redelivery if this happens without delay. If the seller arranges for such correction or redelivery, the buyer cannot demand a price reduction or cancellation.

Price reduction: If the defect is not corrected or redelivered, the buyer can demand a proportionate price reduction.

Rescission: Instead of a price reduction, the buyer can cancel the agreement, except when the defect is immaterial.

Compensation: The buyer may also claim compensation for financial loss he or she suffers as a result of the item having a defect cf. Section 33 of the Norwegian Consumer Purchase Act.

The buyer must report claims to the seller in the event of a complaint, cf. clause 11 of this contract. The rules on complaints apply in addition to, and independent of, the rules on the right of withdrawal and any guarantees provided by the seller.

 

14. Seller's rights in the event of buyer's default

Cancellation: In the event of a material breach of payment or other material breach by the Buyer, the Seller may terminate the Agreement. However, the seller cannot cancel the agreement after the purchase price has been paid.

Compensation: The seller may claim compensation from the buyer for financial loss he or she suffers as a result of breach of contract on the part of the buyer, cf. Section 46 of the Consumer Purchase Act.

 

15. Warranty

A guarantee given by the seller or manufacturer gives the buyer rights in addition to the rights the buyer already has under mandatory legislation. A guarantee thus does not imply any limitations on the buyer's right to complaints and claims in the event of delay or defects pursuant to clauses 12 and 13.

 

16. Personal data (12)

Unless the buyer agrees otherwise, the seller may only collect and store the personal data necessary for the seller to perform its obligations under the agreement. The personal data of the buyer under the age of 15 cannot be collected unless the seller has the consent of a parent or guardian. The buyer's personal data shall only be disclosed to others if it is necessary for the seller to perform the agreement with the buyer, or in statutory cases.

The seller may only obtain the buyer's social security number if there is a factual need for secure identification and such collection is necessary.