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Purchase terms

Introduction

This purchase is governed by the standard terms and conditions below for consumer purchases of goods/services over the Internet. Consumer purchases over the Internet are primarily regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Withdrawal Act, and the E-commerce Act. These laws provide consumers with non-waivable rights. The laws are available at www.lovdata.no. The terms of this agreement shall not be interpreted as limiting any statutory rights but instead set out the parties' most important rights and obligations for the transaction.

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

These terms and conditions also describe purchases between businesses.

1. The Agreement

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

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

The Sale of Goods Act applies to purchases between businesses and purchases between private individuals, but not where the buyer is a consumer and the seller is acting in the course of business, as such consumer purchases are regulated by the Consumer Purchases Act. See Section 1 of the Sale of Goods Act.

Unlike the Consumer Purchases Act, the provisions of the Sale of Goods Act may be deviated from by agreement, see Section 3, which is very common in business transactions. The Sale of Goods Act is based on the principle of freedom of contract, and its provisions must yield when something else has been agreed between the buyer and seller. There is therefore an interaction between the agreement and the law, and the rules governing a purchase will be a combination of the agreement and supplementary provisions in the Sale of Goods Act.

2. The Parties

The seller is Vancowill Industrial Solutions AS | Klinestadmoen 10, 3241 Sandefjord | greg@vancowill.no | +47 90 51 44 44 | Organization No. 814 214 842, hereinafter referred to as the seller.

The buyer is the consumer or business placing the order and is hereinafter referred to as the buyer.

3. Price

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

VAT is included in the stated prices.

4. Formation of the Agreement

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

However, the agreement is not binding if there has been a typing or clerical error in the seller’s offer in the online store’s 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/services from the time they are dispatched 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 at the time of ordering. The card will be charged on the same day the goods/services are dispatched.

When payment is made by invoice, the invoice is issued to the buyer upon shipment of the goods/services. The payment deadline is stated on the invoice and shall be at least 10 days from receipt.

Buyers under the age of 18 may not pay by post-invoice.

We offer secure payment via Vipps/VISA/Mastercard through SwedbankPay.

6. Delivery

Delivery has taken place when the buyer, or their representative, has taken possession of the item, or has been granted access to or confirmation of a course placement.

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

7. Risk for the Goods/Services

The risk for the goods/services passes to the buyer when the buyer, or their representative, has received the goods/services 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/services 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 date the withdrawal period begins. All calendar days are included in the period. If the deadline falls on a Saturday, public holiday, or holiday, it is extended to the next business day.

The withdrawal period is deemed met if notice is sent before the expiry of the deadline. The buyer bears the burden of proof that the right of withdrawal has been exercised and should therefore provide notice in writing (withdrawal form, email, or letter).

The withdrawal period begins:

  • For the purchase of individual goods/services, the withdrawal period runs from the day after the goods/services are received.
  • If a subscription is sold, or the agreement involves regular delivery of identical goods/services, the period runs from the day after the first delivery is received.
  • If the purchase consists of multiple deliveries, the period runs from the day after the final delivery is received.

The withdrawal period is extended to 12 months after the expiry of the original period if the seller fails to inform the buyer, before the agreement is entered into, that a right of withdrawal exists and fails to provide a standardized withdrawal form. The same applies if information regarding conditions, deadlines, and procedures for exercising the right of withdrawal is not provided. If the trader provides the information within those 12 months, the withdrawal period will nevertheless expire 14 days after the day the buyer receives the information.

When exercising the right of withdrawal, the goods/services must be returned to the seller without undue delay and no later than 14 days after notice of withdrawal has been given. The buyer covers the direct costs of returning the goods/services unless otherwise agreed or unless the seller has failed to inform the buyer that they must cover the return costs. The seller may not impose a fee for the buyer’s use of the right of withdrawal.

The buyer may inspect or test the goods/services in a reasonable manner to determine their nature, characteristics, and function without losing the right of withdrawal. If the inspection or testing goes beyond what is reasonable and necessary, the buyer may be liable for any reduction in value.

The seller is obliged to refund the purchase price to the buyer without undue delay and no later than 14 days after the seller receives notice of the buyer’s decision to exercise the right of withdrawal. The seller may withhold payment until the goods/services have been received from the buyer, or until the buyer provides documentation that the goods/services have been returned.

Exceptions to the Right of Withdrawal Act pursuant to Section 22 of the Right of Withdrawal Act may apply in certain cases involving the delivery of goods and services.

The Right of Withdrawal Act does not apply to purchases/agreements between businesses.

9. Delay and Non-Delivery – The Buyer's Rights and Deadline for Submitting Claims

If the seller fails to deliver the goods/services 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, pursuant to the provisions of Chapter 5 of the Consumer Purchases Act, depending on the circumstances, withhold the purchase price, demand performance, terminate the agreement, and/or claim damages from the seller.

Claims relating to remedies for breach should, for evidentiary purposes, be submitted in writing (for example, by email).

Performance

The buyer may maintain the purchase and demand performance from the seller. However, the buyer may not demand performance if there is an obstacle that the seller cannot overcome, or if performance would cause such great inconvenience or cost to the seller that it would be substantially disproportionate to the buyer’s interest in performance. Should the obstacle cease to exist within a reasonable period, the buyer may nevertheless demand performance.

The buyer loses the right to demand performance if he or she waits an unreasonably long time before asserting the claim.

Termination

If the seller does not deliver the goods/services at the agreed delivery time, the buyer shall request that the seller deliver within a reasonable additional deadline for performance. If the seller fails to deliver within that additional period, the buyer may terminate the purchase.

However, the buyer may terminate the purchase immediately if the seller refuses to deliver the goods/services. The same applies if delivery at the agreed time was essential to entering into the agreement, or if the buyer has informed the seller that the delivery date is essential.

If the item is delivered after the additional deadline set by the consumer or after the delivery date that was essential to the conclusion of the agreement, any claim for termination must be made within a reasonable time after the buyer became aware of the delivery.

Damages

The buyer may claim compensation for losses suffered as a result of the delay. However, this does not apply if the seller demonstrates that the delay was caused by an obstacle beyond the seller’s control that could not reasonably have been foreseen at the time of the agreement, avoided, or its consequences overcome.

10. Defects in the Goods/Services – The Buyer's Rights and Complaint Deadline

If the goods/services are defective, the buyer must notify the seller within a reasonable time after the defect was discovered or should have been discovered that he or she intends to invoke the defect. A complaint is always considered timely if it is made within two months after the defect was discovered or should have been discovered. Complaints may be made no later than two years after the buyer took possession of the goods/services. If the goods/services, or parts thereof, are intended to last substantially longer than two years, the complaint period is five years.

If the goods/services are defective and this is not due to the buyer or circumstances on the buyer’s side, the buyer may, pursuant to the provisions of Chapter 6 of the Consumer Purchases Act, depending on the circumstances, withhold the purchase price, choose between repair and replacement, demand a price reduction, terminate the agreement, and/or claim damages from the seller.

Complaints to the seller should be submitted in writing.

For transactions between businesses, Chapter 5 of the Sale of Goods Act applies if there is a breach of contract on the seller’s part, for example regarding delays and defects.

If the seller fails to deliver the service or delivers it 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, pursuant to the provisions of Chapter 5 of the Sale of Goods Act, depending on the circumstances, withhold the purchase price, demand performance, terminate the agreement, and/or claim damages from the seller.

Claims relating to remedies for breach should, for evidentiary purposes, be submitted in writing (for example, by email).

Repair or Replacement

The buyer may choose between demanding that the defect be remedied or that equivalent goods be supplied. The seller may nevertheless oppose the buyer’s claim if fulfilling it is impossible or would impose unreasonable costs on the seller. Repair or replacement shall be carried out within a reasonable time. As a general rule, 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/services are not repaired or replaced. This means that the relationship between the reduced price and the agreed price shall correspond to the relationship between the value of the item in its defective condition and its value in the condition required by the contract. If special reasons justify it, the price reduction may instead be set equal to the significance of the defect for the buyer.

Termination

If the goods/services are not repaired or replaced, the buyer may also terminate the purchase if the defect is not insignificant.

11. The Seller’s Rights in the Event of the Buyer’s Breach

If the buyer fails to pay or otherwise fulfill their 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, pursuant to Chapter 9 of the Consumer Purchases Act, depending on the circumstances, withhold the goods/services, demand performance of the agreement, terminate the agreement, and claim damages from the buyer. The seller may also, where appropriate, claim interest on overdue payments, debt collection fees, and a reasonable fee for uncollected goods/services.

Performance

The seller may maintain the purchase and demand that the buyer pay the purchase price. If the goods/services have not been delivered, the seller loses this right if he waits an unreasonably long time before asserting the claim.

Termination

The seller may terminate the agreement if there is a material payment default or another material breach on the buyer’s part. However, the seller may not terminate the agreement if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for performance and the buyer fails to pay within that period, the seller may terminate the purchase.

Interest on Late Payment / Debt Collection Fees

If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest pursuant to the Norwegian Interest on Overdue Payments Act. In the event of non-payment, the claim may, following prior notice, be forwarded for collection. The buyer may then be held liable for fees under the Debt Collection Act.

Fee for Uncollected Non-Prepaid Goods/Services

If the buyer fails to collect unpaid goods/services, the seller may charge the buyer a fee. The fee shall not exceed the seller’s actual costs incurred in delivering the goods/services to the buyer. Such a fee may not be charged to buyers under the age of 18.

12. Warranty

Any warranty provided by the seller or manufacturer grants the buyer rights in addition to those already provided under mandatory legislation. A warranty therefore does not limit the buyer’s right to make complaints or claims relating to delays or defects under Sections 9 and 10.

13. Personal Data

The seller is the data controller for collected personal data. Unless the buyer consents otherwise, the seller may only collect and store personal data necessary for fulfilling the seller’s obligations under the agreement, in accordance with applicable data protection legislation. The buyer’s personal data will only be disclosed to third parties where necessary for the seller to perform the agreement with the buyer, or where required by law.

14. Dispute Resolution

Complaints shall be directed 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 Council for mediation. The Norwegian Consumer Council can be reached at telephone +47 23 400 500 or at www.forbrukerradet.no.

The European Commission’s Online Dispute Resolution (ODR) platform may also be used if you wish to file a complaint. This is particularly relevant if you are a consumer residing in another EU country. Complaints can be submitted here: http://ec.europa.eu/odr.