Standard sales conditions for consumer purchases of goods over the Internet

Table of Contents:

Introduction

1. The Agreement

2. The parties

3. Prices

4. The conclusion of the agreement

5. Order confirmation

6. Payment

7. Delivery etc.

8. The risk of the goods

9. Right of withdrawal

10. Duty to investigate

11. Complaints in the event of a deficiency and deadline for reporting a claim in the event of a delay

12. Buyer's rights in case of delay

13. The buyer's rights in the event of a defect

14. The seller's rights in the event of the buyer's default

15. Warranty

16. Personal data

17. Conflict resolution

18. Source list

 

Introduction:

This purchase is governed by the below standard sales conditions for consumer purchases of goods over the Internet. By consumer purchase here is meant the sale of goods to a consumer who does not mainly act as part of a commercial activity, and when the seller acts in a commercial activity with the sale of goods over the internet. The contract has been drawn up and recommended for use by the Consumer Ombudsman.

Consumer purchases over the Internet are mainly regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Cancellation Act and the E-commerce Act, and these laws give the consumer inalienable rights. The terms of the contract 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. The seller can choose to offer the buyer better terms than what appears in these sales conditions.

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

1. The 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 properties, price and delivery conditions of the goods), any direct correspondence between the parties (for example, e-mail) as well as these conditions of sale.

In the event of a conflict between the information the seller has provided about the purchase in the order solution in the online store, direct correspondence between the parties and the conditions in the sales conditions, direct correspondence between the parties and the information provided in the order solution takes precedence over the sales conditions, as long as it does not conflict with binding legislation.

2. The parties
Seller Company Name: GST Global AS
Contact address: Industriveien 3, 3174 Revetal, Norway
Email: Support@GSTglobal.no
Organization number: 931407589
Buyer is the person who makes the order.

3. Prices
The prices, which are stated, does not include value added tax to buyers outside of Norway.
Value added tax must be paid when buyer imports the products to buyers country. (1)

4. Conclusion of agreement
The agreement is binding for both parties when the buyer's order has been received by the seller.

A party is nevertheless not bound by the agreement if there has been a writing 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 realized or should have realized that there was such an error.

5. Order confirmation
When the seller has received the buyer's order, the seller must confirm the order without undue delay by sending an order confirmation to the buyer.

It is recommended that the buyer checks that the order confirmation agrees with the order with regard to quantity, product type, price, etc. If there is a discrepancy between the order and the order confirmation, the buyer should contact the seller as soon as possible.

6. Payment
Payment is made when buyer register the order.

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

When paying by credit card, the Act on credit purchases etc. come into use. (5)

If the seller offers post-invoicing, the invoice must be issued to the buyer when the goods are dispatched. The due date must be set to a minimum of 14 days from shipping date.

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 can demand this.

7. Delivery etc.
Delivery of the goods from the seller to the buyer takes place in the manner, at the place and at the time indicated in the order solution in the online store.

If no delivery time is stated in the order solution, the seller must deliver the goods to the buyer within a reasonable time and no later than 30 days after the order from the customer, unless other delivery times is agreed between seller and buyer.
If the seller is to ensure that the goods are sent to the buyer, he is obliged to have the goods transported to the destination in a suitable manner and under normal conditions for such transport. The place of destination is with the buyer, unless otherwise separately agreed between the parties.

8. The risk of the goods
The risk for the item passes to the buyer when the item has been taken over by the buyer in accordance with the agreement. If the delivery has arrived and the buyer fails to take over an item that has been placed at his or her disposal according to the agreement, the buyer bears the risk of loss or damage due to the characteristics of the item itself.

9. Right of withdrawal
The buyer can cancel the purchase of the item according to the provisions of the Right of Cancellation Act (7). The right of withdrawal means that the buyer can return the goods to the seller without reason, even if there is no defect in it and even if it has not been delivered.

The buyer must notify the seller of the use of the right of withdrawal within 14 days after the goods, the prescribed information on the right of withdrawal and the right of withdrawal form have been received. If the buyer receives the cancellation form and the necessary information at a later time than when the goods are delivered, the cancellation period begins to run from the day the buyer receives the cancellation right form and the information. If the buyer has not received sufficient information or a right of withdrawal form, the withdrawal period will still expire 3 months after the goods have been received. If the buyer has not received information about the right of withdrawal at all, the deadline will be 1 year.

The notification from the buyer to the seller about the use of the right of withdrawal should, for reasons of proof, be in writing (right of withdrawal form, e-mail, fax or letter), and it must contain information on how the buyer will return the goods to the seller.

When using the right of withdrawal, the goods must be returned to the seller within a reasonable time.
The seller is obliged to repay the entire purchase price to the buyer within 14 days from the day the seller receives the item.
The seller cannot set fees for the buyer's use of the right of withdrawal, but the seller require the buyer to pay the costs 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 return the item to the seller in the original packaging.

The buyer cannot regret the purchase of goods that deteriorate quickly, goods that by their nature cannot be returned, or sound and image recordings (including CDs, DVDs) or computer programs where the seal has been broken. The latter exception only applies if the seller has clearly stated the conditions for the cancellation of the right of withdrawal on the seal.

10. Examination of the goods
When the buyer receives the item, it is recommended that he or she examines to a reasonable extent whether it is in accordance with the order, whether it has been damaged during transport or whether 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 deficiency and deadline for reporting a claim in the event of a delay
If there is a defect in the goods, the buyer must, within a reasonable time after he or she discovered it, notify the seller that he or she wants to claim the defect.

The deadline can never be shorter than two months from the time when the consumer discovered the defect. Complaints must still be made no later than two years after the buyer took over the item. If the product or parts of it are intended to last significantly longer, the complaint deadline is five years.

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

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

The message to the seller or credit provider should be in writing (e-mail, fax or letter).

12. Buyer's rights in case of delay
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, according to the rules in Chapter 5 of the Consumer Purchase Act, withhold the purchase price, demand performance, cancel the agreement and demand compensation from the seller.

Fulfillment: If the seller does not deliver the goods at the time of delivery, the buyer can maintain the purchase and set a reasonable additional deadline for fulfillment from the seller. The buyer cannot nevertheless demand fulfillment if there is an obstacle that the seller cannot overcome or if fulfillment will

13. The buyer's rights in the event of a defect
If the item has a defect and this is not due to the buyer or conditions on the buyer's side, the buyer can, in accordance with the rules of the Consumer Purchase Act, chapter 6, withhold the purchase price, choose between rectification and redelivery, demand a price reduction, demand the contract terminated and demand compensation from the seller.

Correction or redelivering: If the item has a defect, the buyer can demand that the seller correct the defect or redeliver the corresponding item. The seller can object to the buyer's claim if the implementation of the claim is impossible or causes the seller unreasonable costs.

The seller must carry out the correction or redelivery within a reasonable time. Correction or redelivery must be carried out at no cost to the buyer, without the risk that the buyer will not be able to cover his expenses and without significant inconvenience to the buyer. The seller cannot make more than two attempts at correction or redelivery for the same defect, unless there are special reasons that make further attempts reasonable.

Even if the buyer neither requires correction nor redelivery, the seller can offer correction or redelivery if this takes place without delay. If the seller arranges for such rectification or redelivery, the buyer cannot demand a price reduction or cancellation.

Price discount: If the defect is not corrected or re-delivered, the buyer can demand a proportionate price discount.

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

Compensation: The buyer can also claim compensation for financial loss he or she suffers as a result of the product having a defect, cf. § 33 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. The rules on complaints apply in addition to, and independently of, the rules on the right of withdrawal and any guarantees given by the seller.

14. 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, and this is not due to the seller or conditions on the seller's side, 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 the agreement be canceled and compensation from the buyer. The seller may also, depending on the circumstances, be able to demand interest in the event of late payment, debt collection fees and fees for non-prepaid uncollected goods.

Fulfillment: If the buyer does not pay, the seller can maintain the purchase and demand that the buyer pays the purchase price (fulfilment). If the goods have not been delivered, the seller loses his right if he waits an unreasonably long time to make the claim.

Termination: In the event of significant payment default or other significant default by the buyer, the seller can terminate the agreement. The seller cannot withdraw after the purchase price has been paid.

The seller can also cancel the purchase if the buyer does not pay within a reasonable additional deadline for fulfillment that the seller has set. However, the seller cannot cancel while the additional period is running, unless the buyer has said that he or she does not want to pay.

Compensation: The seller can claim compensation from the buyer for financial loss he or she suffers as a result of the buyer's breach of contract, cf. §46 of the Consumer Purchase Act.

Interest in case of late payment/collection fee: If the buyer does not pay the purchase price in accordance with the agreement, the seller can demand interest on the purchase price in accordance with the Act on interest in case of late payment. (9) In the event of non-payment, the claim may, after prior notice, be sent to debt collection, and the buyer can then be held liable for fees according to the law on debt collection activities and other recovery of overdue monetary claims. (10)

Fee for uncollected non-prepaid goods: If the buyer fails to collect unpaid goods, the seller can charge the buyer a fee of 100 USD + Shipping cost + return shipping cost. The fee shall at most cover the seller's actual outlay for delivering the goods to the buyer and will be deducted from the credit sent to buyer. Such a fee cannot be charged to buyers under the age of 18. (11)

15. Warranty
A warranty given by the seller or the manufacturer gives the buyer rights in addition to the rights the buyer already has under non-derogable legislation. A guarantee thus implies no restrictions on the buyer's right to complaint and claims in the event of delay or defects according to clauses 12 and 13.

16. Personal data (12)
Unless the buyer agrees otherwise, the seller can only obtain and store the personal data that is necessary for the seller to be able to carry out the obligations under the agreement. The personal details of buyers under the age of 15 cannot be obtained unless the seller has consent from parents or guardians. The buyer's personal data must only be disclosed to others if it is necessary for the seller to complete the agreement with the buyer, or in statutory cases.

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

If the seller wants to use the buyer's personal data for other purposes, for example to send the buyer advertising or information beyond what is necessary to complete the agreement, the seller must obtain the buyer's consent when entering into the agreement. The seller must provide the buyer with information about what the personal data will be used for and about who will use the personal data. The buyer's consent must be voluntary and given by an active action, for example by ticking the box.

The buyer must be able to easily contact the seller, for example by e-mail, if he or she has questions about the seller's use of personal data or if he or she wants the seller to delete or change the personal data.

17. Conflict resolution
The parties shall attempt to resolve any disputes amicably. The buyer can contact the Consumer Council to get assistance in any dispute with the seller. If an amicable solution is not reached after mediation in the Consumer Council, the parties can request in writing that the Consumer Council refer the dispute to the Consumer Disputes Committee.13 Decisions of the Consumer Disputes Committee are legally binding four weeks after notification. Before the decision is legally binding, the parties can, by submitting a summons to the Consumer Disputes Committee, bring the decision before the district court.

18. Source list
1. See Act of 19 June 1969 No. 66 on VAT Section 16.
2. A credit card is a payment card where settlement for the purchase takes place afterwards by the creditor (credit card company) sending the cardholder an invoice with a demand for payment.
3. A debit card is a payment card linked to a deposit account. Use of the card means that the user's account is debited and the amount is transferred to the payee's account.
4. Cf. model agreement prepared by the joint contract committee for the main organization of the Sparebanking Association and the Financial Industry - Terms of agreement for credit cards and invoicing cards - consumer relations point 12 and model terms prepared by the main organization of the Sparebanking Association and the Financial Industry for payment cards point 11.
5. Act of 21 June 1985 No. 82 on credit purchases, etc.
6. Persons under the age of 18 can only pay in the aforementioned ways as they cannot incur debts cf. Act of 22 April 1927 on guardianship of minors (vgml.) § 2.
7. Act of 21 December 2000 no. 105 on the obligation to provide information and the right of withdrawal, etc. in the case of distance sales and sales outside fixed points of sale (rights of withdrawal).
9. Act of 17 December 1976 No. 100 on interest in late payment.
10. Act of 13 May 1988 No. 26 on debt collection and other recovery of overdue monetary claims.
11. Fees cannot be charged to persons under the age of 18 as they cannot incur debts cf. vgml. Section 2.
12. See Act of 14 April 2000 No. 31 on the processing of personal data.