Terms & Conditions

Terms and conditions Introduction to terms and conditions This purchase is governed by the following standard terms and conditions of sale for consumer purchases of goods over the Internet. Consumer purchases over the Internet are mainly governed by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Cancellation Rights Act and the E-Commerce Act, and these laws give the consumer mandatory rights. The laws are available at www.lovdata.no. The terms of this agreement shall not be understood as any limitation of the statutory rights, but set out the parties' most important rights and obligations for the transaction. The 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 and conditions of sale, information provided in the ordering solution and any separately agreed terms. In the event of any conflict between the information, what has been specifically agreed between the parties will take precedence, provided that it does 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 MONKII FREBERG with organisation number: 934538242 . Address: Konggata 53b, 3019 Drammen. Tel: +47 93821413. Referred to in the following as the seller/vendor. The buyer is the consumer who places the order and is referred to in the following as the buyer/purchaser. 3. The price The stated price for the goods and services is the total price to be paid by the buyer. This price includes all taxes and additional costs. Additional costs that the seller has not informed the buyer of prior to the purchase shall not be borne by the buyer. 4. Conclusion of the agreement The agreement is binding on both parties when the buyer has sent his order to the seller. However, the agreement is not binding if there has been a typing or typing 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 placing the order. The card will be charged on the same day as the goods are dispatched. 6. Delivery Delivery is deemed to have taken place when the buyer, or his representative, has taken possession of the item. If the time of delivery is not 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 order from the customer. The goods shall be delivered to the buyer unless otherwise specifically agreed between the parties. 7. Risk for the goods The risk for the goods passes to the buyer when he, or his representative, has received the goods delivered in accordance with section 6. 8. Right of cancellation Unless the agreement is exempt from the right of cancellation, the buyer may cancel the purchase of the goods in accordance with the Cancellation Act. The Buyer must notify the Seller of use of the right of cancellation within 14 days of the deadline starting to run. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday or bank holiday, the deadline is extended to the nearest working day. The cancellation period is deemed to have been complied with if notification is sent before the expiry of the period. The buyer has the burden of proof that the right of cancellation has been exercised, and the notification should therefore be in writing (cancellation form, e-mail or letter). The cancellation period begins to run: For purchases of single items, the cancellation period will run from the day after the item(s) are received. If a subscription is sold, or if the agreement involves the regular delivery of identical goods, the cancellation period runs from the day after the first shipment is received. If the purchase consists of several deliveries, the cancellation period will run from the day after the last delivery is received. The cancellation period is extended to 12 months after the expiry of the original period if the seller fails to inform the consumer prior to the conclusion of the contract that there is a right of cancellation and a standardised cancellation form. The same applies in the event of failure to provide information about conditions, deadlines and procedures for exercising the right of cancellation. If the trader provides the information during these 12 months, the cancellation period still expires 14 days after the day the buyer received the information. If the right of cancellation is exercised, the goods must be returned to the seller without undue delay and no later than 14 days after notification of exercise of the right of cancellation has been given. The Buyer covers the direct costs of returning the goods, unless otherwise agreed or the Seller has failed to state that the Buyer shall cover the return costs. The seller cannot set a fee for the buyer's use of the right of cancellation. The Seller is obliged to refund the purchase price to the Buyer without undue delay, and no later than 14 days after the Seller was notified of the Buyer's decision to exercise the right of cancellation. The seller has the right to withhold payment until he has received the goods from the buyer, or until the buyer has presented documentation that the goods have been returned. 9. Delay and non-delivery - buyers' rights and deadline for reporting 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 Purchase Act, withhold the purchase price, demand fulfillment, terminate the agreement and/or demand compensation from the seller, depending on the circumstances. In the case of claims for powers of default, the notification should be in writing (for example, e-mail) for evidentiary reasons. Fulfillment The buyer may maintain the purchase and demand fulfillment from the seller. However, the buyer may not demand fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment would entail such a great disadvantage or cost for the seller that it is significantly disproportionate to the buyer's interest in the seller's fulfillment. Should the difficulties disappear within a reasonable time, the buyer may still demand fulfillment. The buyer loses his or her right to demand performance if he or she waits unreasonably long before making 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 performance. If the seller does not deliver the goods within the additional period, the buyer may cancel the purchase. However, the buyer may cancel the purchase immediately if the seller refuses to deliver the goods. The same applies if delivery at the agreed time was decisive for the conclusion of the agreement, or if the buyer has informed the seller that the time of delivery is decisive. If the goods are delivered after the additional period set by the consumer or after the time of delivery that was decisive for the conclusion of the agreement, a claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery. Compensation The buyer may claim compensation for losses 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 during the contract period, avoided, or overcome the consequences of. 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 he or she will invoke the defect. The buyer has always made a complaint in time if this occurs within 2 months from the defect being discovered or should have been discovered. Complaints may be made no later than two years after the buyer took over the goods. If the goods or parts of them are intended to last significantly longer than two years, the deadline for complaints 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 may, in accordance with the rules in the Consumer Purchase Act, Chapter 6, depending on the circumstances, withhold the purchase price, choose between correction and replacement, demand a price reduction, demand the agreement be terminated and/or demand compensation from the seller. Complaints to the seller should be made in writing. Correction or replacement The buyer can choose between demanding the defect be corrected or delivery of equivalent items. The seller may nevertheless oppose the buyer's claim if the implementation of the claim is impossible or causes the seller unreasonable costs. Correction or replacement must be made within a reasonable time. 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 are not repaired or replaced. This means that the ratio between the reduced and the agreed price corresponds to the ratio between the value of the goods in the defective and contractual condition. If special reasons justify this, the price reduction may instead be set equal to the significance of the defect for the buyer. Cancellation If the goods are not repaired or replaced, the buyer may also cancel the purchase when the defect is not insignificant. 11. The seller's rights in the event of the buyer's default If the buyer does not 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 part, the seller may, in accordance with the rules in the Consumer Purchase Act, Chapter 9, depending on the circumstances, withhold the goods, demand fulfillment of the agreement, demand cancellation of the agreement and demand compensation from the buyer. The seller may also, depending on the circumstances, demand interest for late payment, collection fees and a reasonable fee for uncollected goods. Fulfillment The seller may maintain the purchase and demand that the buyer pay the purchase price. If the goods are not delivered, the seller loses his right if he waits an unreasonable amount of time before making the claim. Cancellation The seller may cancel the agreement if there is a material default on payment or other material default on the part of the buyer. However, the seller may not cancel if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for fulfillment and the buyer does not pay within this deadline, the seller may cancel the purchase. Interest on late payment/collection fee If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price according to the Late Payment Interest Act. In the event of failure to pay, the claim may, after prior notice, be sent to The buyer may then be held liable for a fee according to the Collection Act. Fee for uncollected non-prepaid goods If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee shall cover the seller's actual outlay for delivering the goods to the buyer at most. Such a fee may not be charged to buyers under the age of 18. 12. Warranty A warranty provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A warranty thus does not imply any limitations on the buyer's right to make complaints and claims in the event of delay or defects under points 9 and 10. 13. Personal data The seller is the controller of collected personal data. Unless the buyer consents to something else, the seller may, in accordance with the Personal Data Act, only collect and store the personal data that is necessary for the seller to be able to carry out the obligations under the agreement. The buyer's personal data will only be disclosed to others if it is necessary for the seller to be able to carry out the agreement with the buyer, or in cases prescribed by law. 14. Conflict resolution Complaints must be addressed to the seller within a reasonable time, cf. points 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 is available by telephone at 0047 23 400 500 or www.forbrukerradet.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 is filed here: http://ec.europa.eu/odr.