Terms Of Sale

Introduction

This purchase is regulated by the following standard terms and conditions for consumer purchases of goods over the Internet. Consumer purchases over the Internet are mainly regulated by the Contract Act, the Consumer Purchase Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act, which provide consumers with inalienable rights. These laws are available at www.lovdata.no. The terms in this agreement should not be understood as a limitation of the statutory rights, but rather outline the most important rights and obligations of the parties involved in the transaction.

The sales terms are prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these sales terms, see the Norwegian Consumer Authority’s guide here.

1. The Agreement

The agreement consists of these terms and conditions, information provided in the ordering system, and any specially agreed terms. In the event of a conflict between the provided information, any specially agreed terms between the parties will take precedence, provided they do not contravene mandatory legal provisions.

The agreement will also be supplemented by relevant legal provisions regulating the purchase of goods between businesses and consumers.

2. The Parties

The seller is BEYER HUB, Tomasbakken 11 4085 Hundvåg, support@alicehub.no, 90235698, Org. nr.: 931 738 984, and is hereinafter referred to as the seller.

The buyer is the consumer making the order, and is 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. Any additional costs that the seller did not inform the buyer of 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.

However, the agreement is not binding if there are typographical or clerical errors in the offer from the seller in the ordering system 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 from the time they are shipped from the seller to the buyer.

If the buyer uses a credit or debit card for payment, the seller may reserve the purchase amount on the card when the order is placed. The card will be charged the same day the goods are shipped.

For invoice payments, the invoice will be issued to the buyer upon shipment of the goods. The payment deadline will be stated on the invoice and will be a minimum of 14 days from receipt.

Buyers under the age of 18 cannot pay by invoice after delivery.

Our payments are made through vipps checkout.

6. Delivery

Delivery has occurred when the buyer, or their representative, has taken possession of the item.

If the delivery time is not specified in the ordering system, the seller must deliver the goods to the buyer without undue delay and no later than 30 days after the order was placed by the buyer. The goods will be delivered to the buyer unless otherwise agreed between the parties.

7. Risk of the Goods

The risk for the goods passes to the buyer when they, or the buyer’s representative, have taken possession of the goods in accordance with section 6.

8. Right of Withdrawal

Unless the agreement is exempt from the right of withdrawal, the buyer may 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 from the start of the withdrawal period. The period includes all calendar days. If the deadline falls on a Saturday, public holiday, or other non-working day, it is extended to the next working day.

The withdrawal deadline is considered met if the notification is sent before the expiration of the deadline. The buyer bears the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be made in writing (withdrawal form, email, or letter).

The withdrawal period begins:

  • For the purchase of individual goods, the withdrawal period runs from the day after the goods are received.
  • For a subscription or agreement involving 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 is received.

The withdrawal period is extended to 12 months after the original deadline if the seller does not provide information about the right of withdrawal and the standardized withdrawal form before the agreement is concluded. The same applies if there is a failure to provide information about the conditions, deadlines, and procedures for exercising the right of withdrawal. If the seller provides the information within these 12 months, the withdrawal period will expire 14 days after the day the buyer receives the information.

When exercising the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days after notification of withdrawal is given. The buyer bears the direct costs of returning the goods unless otherwise agreed or the seller has failed to inform the buyer that they must cover the return costs. The seller cannot charge a fee for the buyer’s use of the right of withdrawal.

The buyer may examine or test the goods in a reasonable manner to establish the nature, properties, and functionality of the goods without losing the right of withdrawal. If the examination or testing of the goods exceeds what is reasonable and necessary, the buyer may be held liable for any diminished value of the goods.

The seller is obligated to refund the purchase price to the buyer without undue delay, and no later than 14 days after the seller has received notice of the buyer’s decision to exercise the right of withdrawal. The seller has the right to withhold the refund until they have received the goods from the buyer or until the buyer has provided proof that the goods have been returned.

9. Delay and Non-Delivery – Buyer’s Rights and Deadline for Claiming

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 part, the buyer may, in accordance with the provisions of Chapter 5 of the Consumer Purchase Act, withhold the purchase price, demand performance, terminate the agreement, and/or claim compensation from the seller.

In the event of a claim for breach of contract, the notification should, for evidentiary purposes, be in writing (e.g., email).

Performance

The buyer may maintain the purchase and demand performance from the seller. However, the buyer cannot demand performance if there is an obstacle that the seller cannot overcome, or if performance would result in a significant inconvenience or cost to the seller that is disproportionate to the buyer’s interest in the seller performing. Should the difficulties disappear within a reasonable time, the buyer may still demand performance.

The buyer loses the right to demand performance if they wait an unreasonable amount of time to present the claim.

Termination

If the seller does not deliver the goods on the delivery date, the buyer must urge the seller to deliver within a reasonable additional time for performance. If the seller does not deliver within the additional time, the buyer may terminate the purchase.

However, the buyer may terminate the purchase immediately if the seller refuses to deliver the goods. The same applies if delivery on time was crucial to the conclusion of the agreement, or if the buyer has notified the seller that the delivery time is crucial.

If the item is delivered after the additional deadline set by the buyer or after the delivery date that was crucial to the agreement, the buyer must assert the claim for termination within a reasonable time after becoming aware of the delivery.

Compensation

The buyer may 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 foreseen at the time of the agreement, avoided, or overcome.

10. Defective Goods – Buyer’s Rights and Deadline for Making a Claim

If there is a defect in the goods, the buyer must notify the seller within a reasonable time after discovering or should have discovered the defect. The buyer has always given notice in time if it is done within two months from when the defect was discovered or should have been discovered. A claim must be made no later than two years after the buyer took possession of the goods. If the goods or parts of the goods are meant to last significantly longer than two years, the deadline for making a claim is five years.

If the goods are defective and this is not due to the buyer or circumstances on the buyer’s part, the buyer may, in accordance with the provisions of Chapter 6 of the Consumer Purchase Act, withhold the purchase price, choose between rectification and redelivery, demand a price reduction, terminate the agreement, and/or claim compensation from the seller.

Complaints to the seller should be made in writing to the following email: support@alicehub.no.

Rectification or Redelivery

The buyer may choose to demand that the defect be rectified or the delivery of equivalent goods. However, the seller may oppose the buyer’s claim if fulfilling the claim is impossible or would result in unreasonable costs for the seller. Rectification or redelivery must be carried out within a reasonable time. The seller is generally 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 rectified or redelivered. This means that the proportionate reduction in price reflects the difference between the value of the goods in their defective and contractual condition. In certain circumstances, the price reduction may instead be set based on the significance of the defect for the buyer.

Termination

If the goods are not rectified or redelivered, the buyer may also terminate the purchase if the defect is not insignificant.

11. Seller’s Rights in Case of 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 provisions of Chapter 9 of the Consumer Purchase Act, withhold the goods, demand performance of the agreement, terminate the agreement, and/or claim compensation from the buyer. The seller may also, depending on the circumstances, claim interest on overdue payments, collection fees, and fees for uncollected non-prepaid goods.

Performance

The seller may maintain the purchase and demand that the buyer pays the purchase price. If the goods are not delivered, the seller will lose their right if they wait an unreasonable amount of time before presenting the claim.

Termination

The seller may terminate the agreement if there is a significant payment default or other significant breach by the buyer. However, the seller cannot terminate if the entire purchase price is paid before the seller declares the agreement terminated. If the seller sets an additional reasonable deadline for performance and the buyer does not pay within this deadline, the seller may terminate the purchase.

Interest on Late Payments/Collection Fees

If the buyer does not pay the purchase price according to the agreement, the seller may demand interest on the purchase price according to the Act on Interest on Overdue Payments. In the case of non-payment, the claim may be sent to a debt collection agency after a prior notice has been given. The buyer may then be held liable for fees pursuant to the Debt Collection Act.

Fees for Uncollected Non-Prepaid Goods

If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. This fee must not exceed the seller’s actual outlay to deliver the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age.

12. Warranty

A warranty given by the seller or manufacturer grants the buyer rights in addition to those provided by the Consumer Purchase Act. Therefore, a warranty does not impose any limitations on the buyer’s right to make a claim and submit complaints for defects or delays under sections 9 and 10.

13. Personal Data

The seller is responsible for the personal data provided in connection with a purchase. Unless the buyer agrees otherwise, the seller may only collect and store the personal data necessary to complete the obligations under the agreement. The seller must obtain the buyer’s consent before collecting any personal data for other purposes, such as marketing communications. The buyer’s personal data must be processed in accordance with the Personal Data Act. If the buyer has any questions regarding the seller’s use of personal data or wishes to exercise their rights to access, correct, or delete their personal data, they can contact the seller.

14. Conflict Resolution

Complaints must be directed to the seller within a reasonable time, as described in sections 9 and 10. The parties should try to resolve any disputes amicably. If this is not possible, the buyer can contact the Norwegian Consumer Council for mediation. The Norwegian Consumer Council is available on www.forbrukertilsynet.no or by phone: (+47) 23 40 06 00.

If an amicable solution cannot be reached after mediation by the Norwegian Consumer Council, the parties may bring the case to the courts. The case shall be brought before the court in the jurisdiction where the buyer resides.

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