Terms and conditions
Introduction
This purchase is governed by the standard terms of sale below for consumer purchases of goods over the internet. Consumer purchases over the internet are mainly regulated by the (Norwegian) Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act and the E-commerce Act, and these laws give the consumer non-derogable rights. The laws are available at www.lovdata.no. The terms of this agreement are not to be understood as any limitation of the statutory rights, but set out the parties' most important rights and obligations for the trade.
These terms of sale have been prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these terms of sale, see the Norwegian Consumer Authority's guide here.
1. The agreement
The agreement consists of these terms of sale, information provided in the ordering solution and any separately agreed terms. In the event of any conflict between the information, what is separately agreed between the parties takes precedence, as long as it does not conflict with mandatory legislation.
The agreement will also be supplemented by relevant legal provisions that regulate the purchase of goods between traders and consumers.
2. The parties
The seller is Rotation AS, Konvallveien 48, 0875 Oslo, info@rotation.no, org no: 929 605 241, hereinafter referred to as the seller.
The buyer is the consumer who places the order, hereinafter referred to as the buyer.
3. Price
The stated price for the goods and services is the total price the buyer must pay. This price includes all taxes and additional costs. Additional costs that the seller has not informed about before the purchase shall not be borne by the buyer.
4. Conclusion of the agreement
The agreement is binding for both parties once the buyer has sent their order to the seller.
The agreement is nevertheless not binding if there has been a typing or keying error in the offer from the seller in the ordering solution in the online store or in the buyer's order, and the other party realised or should have realised that there was such an error.
5. Payment
The seller can demand payment for the item from the time it is sent from the seller to the buyer.
If the buyer uses a credit or debit card for payment, the seller can reserve the purchase price on the card when the order is placed. The card is charged on the same day the item is sent.
When paying by invoice, the invoice is issued to the buyer when the goods are dispatched. The payment deadline appears on the invoice and is a minimum of 14 days from receipt.
Buyers under the age of 18 cannot pay by invoice.
6. Delivery
Delivery has taken place when the buyer, or their representative, has taken possession of the item.
If no delivery time is stated in the ordering solution, 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 must be delivered to the buyer unless otherwise separately agreed between the parties.
7. Risk for the goods
The risk for the goods passes to the buyer when they, or their representative, have received the goods in accordance with point 6.
8. Right of withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer can cancel 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 of the period starting to run. The period includes all calendar days. If the period ends on a Saturday, public holiday or bank holiday, it is extended to the nearest working day.
The withdrawal period is deemed to have been met if notification is sent before the end of the period. The buyer has the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be made in writing (withdrawal form, e-mail or letter).
The withdrawal period starts to run:
- When purchasing individual items, the withdrawal period runs from the day after the item(s) have been received.
- If a subscription is sold, or the agreement involves regular delivery of identical goods, the period runs from the day after the first shipment is received.
- If the purchase consists of several deliveries, the withdrawal period runs from the day after the last delivery has been received.
The withdrawal period is extended to 12 months after the end of the original period if the seller does not inform the buyer before the conclusion of the agreement that there is a right of withdrawal and provide a standardised withdrawal form. The same applies in the event of a lack of information on the terms, deadlines and procedures for exercising the right of withdrawal. If the trader provides the information during these 12 months, the withdrawal period still expires 14 days after the day the buyer received the information.
When using 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 item, unless otherwise agreed or the seller has failed to state that the buyer must cover the return costs. The seller cannot charge a fee for the buyer's use of the right of withdrawal.
The buyer can try or test the goods in a proper way to determine the nature, properties and function of the goods without losing the right of withdrawal. If the examination or testing of the goods goes beyond what is reasonable and necessary, the buyer may be held liable for any reduction in the value of the goods.
The seller is obliged to repay the purchase price to the buyer without undue delay, and no later than 14 days from the seller receiving 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 documentation that the goods have been sent back.
9. Delay and non-delivery – the buyer's rights and deadline for making claims
If the seller does not 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 and depending on the circumstances, withhold the purchase price, demand fulfilment, terminate the agreement and/or claim compensation from the seller.
When making claims for remedies for breach, the notification should be in writing (for example e-mail) for reasons of evidence.
Fulfilment
The buyer can uphold the purchase and demand fulfilment from the seller. However, the buyer cannot demand fulfilment if there is an obstacle that the seller cannot overcome, or if fulfilment would cause such great inconvenience or cost to the seller that it is significantly out of proportion to the buyer's interest in the seller fulfilling. Should the difficulties disappear within a reasonable time, the buyer can still demand fulfilment.
The buyer loses their right to demand fulfilment if they wait an unreasonably long time to make the claim.
Termination
If the seller does not deliver the goods at the time of delivery, the buyer must ask the seller to deliver within a reasonable additional deadline. If the seller does not deliver the goods within the additional deadline, the buyer can terminate the purchase.
However, the buyer can terminate the purchase immediately if the seller refuses to deliver the item. The same applies if delivery at the agreed time was decisive for the conclusion of the agreement, or if the buyer has notified the seller that the time of delivery is decisive.
If the item is delivered after the additional deadline set by the consumer, or after the time of delivery that was decisive for the conclusion of the agreement, a claim for termination must be made within a reasonable time after the buyer became aware of the delivery.
Compensation
The buyer can claim compensation for any loss suffered as a result of the delay. However, this does not apply if the seller proves that the delay is due to an obstacle beyond the seller's control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome.
10. Defects in the goods – the buyer's rights and deadline for complaints
If there is a defect in the goods, the buyer must, within a reasonable time after it was discovered or should have been discovered, notify the seller that they wish to rely on the defect. The buyer has always complained in time if this happens within 2 months of the time the defect was discovered or should have been discovered. Complaints can be made no later than two years after the buyer took possession of the item. If the item or parts of it are intended to last significantly longer than two years, the complaint deadline is five years.
If the item has a defect and this is not due to the buyer or circumstances on the buyer's side, the buyer may, in accordance with Chapter 6 of the Consumer Purchases Act and depending on the circumstances, withhold the purchase price, choose between repair and replacement, demand a price reduction, demand that the agreement be terminated 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 that the defect be repaired or that an equivalent item be delivered. The seller can nevertheless object to the buyer's claim if carrying it out is impossible or causes the seller unreasonable costs. Repair or replacement must be carried out within a reasonable time. In principle, the seller does not have the right to make more than two attempts to remedy the same defect.
Price reduction
The buyer can claim an appropriate price reduction if the item is not repaired or replaced. This means that the ratio between the reduced and the agreed price corresponds to the ratio between the item's value in its defective and its contractual condition. If there are special reasons for it, the price reduction can instead be set equal to the significance of the defect for the buyer.
Termination
If the item has not been repaired or replaced, the buyer can 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 does not pay or fulfil their 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 Chapter 9 of the Consumer Purchases Act and depending on the circumstances, withhold the goods, demand fulfilment of the agreement, demand that the agreement be terminated and claim compensation from the buyer. Depending on the circumstances, the seller may also claim interest on late payment, debt collection fees and a reasonable fee for uncollected goods.
Fulfilment
The seller can uphold the purchase and demand that the buyer pays the purchase price. If the goods have not been delivered, the seller loses this right if they wait an unreasonably long time to make the claim.
Termination
The seller can terminate the agreement if there is a significant payment default or other significant breach on the part of the buyer. The seller cannot terminate if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for fulfilment and the buyer does not pay within this deadline, the seller can terminate the purchase.
Interest on late payment / debt collection fee
If the buyer does not pay the purchase price in accordance with the agreement, the seller can claim interest on the purchase price in accordance with the Late Payment Interest Act. In the event of non-payment, the claim may, after prior notice, be sent for debt collection. The buyer may then be held liable for fees in accordance with the Debt Collection Act.
Fee for uncollected, non-prepaid goods
If the buyer fails to collect unpaid goods, the seller can charge the buyer a fee. The fee shall at most cover the seller's actual costs of delivering the goods to the buyer. Such a fee cannot be charged to buyers under the age of 18.
12. Warranty
A warranty given by the seller or the manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A warranty therefore does not limit the buyer's right to complain and make claims in the event of delay or defects under points 9 and 10.
13. Cancellation
Depending on the circumstances, Rotation AS may have the right to cancel your order. Reasons may include:
- No payment received
- Incorrect product information
- Request for cancellation from the customer
- Item out of stock
- No shipping methods available (incl. price)
- Under 18 years of age
- Breach of rules
- We have reason to suspect fraud
- We have reason to believe that you are not the end user of the item
- Technical error in our online store
If you have any questions about this, please contact customer service.
14. Personal data
The controller for personal data collected is the seller. Unless the buyer agrees otherwise, the seller may, in line with the Personal Data Act, only collect and store the personal data necessary for the seller to fulfil its obligations under the agreement. The buyer's personal data will only be disclosed to others if this is necessary for the seller to complete the agreement with the buyer, or where required by law.
15. Dispute resolution
Complaints must be addressed to the seller within a reasonable time, cf. points 9 and 10. The parties shall try to resolve any disputes amicably. If this is not successful, the buyer can contact the Norwegian Consumer Council (Forbrukerrådet) for mediation. More information is available at www.forbrukerradet.no.
The European Commission's complaints portal can also be used if you wish to lodge a complaint. It is particularly relevant if you are a consumer living in another EU country. Complaints can be submitted here: http://ec.europa.eu/odr.