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Terms & Conditions

Contents:

Introduction

  1. Agreement
  2. Parties
  3. Prices
  4. Conclusion of the contract
  5. Order Confirmation
  6. Payment
  7. Delivery
  8. The risk of item
  9. Right of withdrawal
  10. Survey Duty
  11. Claim by lack and deadline for filing a request for delay
  12. Buyer's rights at delay
  13. Purchaser's rights at a lack of
  14. Seller's rights at buyer's defaults
  15. Warranty
  16. Personal Data
  17. Dispute resolution
  18. SOURCE

 

Introduction: This Purchase is regulated by the standard terms of sales for consumer purchases of goods over the Internet. With consumer purchases this means selling goods to consumers who are not primarily acting as part of business activities, and when the seller acts in business with the sale of productions over the Internet.  The contract is prepared and recommended used by the (Forbrukerombudet).

Consumer purchases over the Internet are governed primarily by the Agreement Act, the Consumer Goods Act, the Marketing Act, the cancellation law and the ecommerce law, and these laws give the consumer mandatory rights. The terms of the contract shall not be construed as limitation of statutory rights, but the principal rights and obligations of the parties to the trade. The seller may choose to offer the buyer better conditions that that stated in these Terms of Sales.

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

1.Agreement

The agreement between buyer and seller consist of the information the seller provides about the purchase in the ordering solution in the online store (including, among other things, information on the nature, quantity, quality, other characteristics, price and terms of delivery), correspondence between the parties (such as e-mail) and these Terms of sale.

In the case of conflict between the data the seller has provided about the purchase in the ordering solution in the web shop, direct correspondence between the parties and the terms of the conditions of sale, direct correspondence between the parties and the information Order solution in front of the terms of sale, unless it is contrary to binding legislation.

2. Parties

Seller/Company Name: VAGPWR AS

Contact Address: Hjortlandsvegen 1, 5135 Flaktveit

Email: Info@vagpwr.com

Phone Number: +47 40 0488 74

VAT number: 923231048

The buyer is the person who makes the order

 

3. Prices

The prices listed in the online store do not include tax. But this will happen and then the prices listed in the online store will include sales tax. Information on the total cost of the purchaser shall be paind, including all taxes (value added tax, customs, etc.) and delivery costs (freight,postage, invoice fees, packaging) and the specification of the individual items in the total price, are given in Order solution before ordering.

(Goods Deliveries to Svalbard or Jan Mayen shall be sold without the addition of VAT.) (1)

 

4. Conclusion of the contract

The agreement is binding on both parties when the buyer’s order is received by the seller. However, a party is not bound by the agreement if writing or entering errors in the offer from the seller in the ordering solution in the online store in the buyer’s order, and the other party realized or should have realised that it was such a mistake.

 

5. Order Confirmation

Once the seller has received the buyer’s order, the seller shall, without undue delay, confirm the order by sending an order confirmation to the buyer. It is recommended that the buyer check that the order confirmation matches the order with respect to the quantity, item type, price etc. if there is no correspondence the seller as soon as possible.

 

6. Payment

The seller may request payment for the item from the time it is sent from the seller to the buyer. If the buyer uses a credit card (2) or debit card (3) upon payment, the seller may reserve the purchse price on the card at the order for up to 4 days from the order. (4)  When paying by credit card, the law on on credit purchases etc. Apply. (5) offering the seller after invoicing, the invoice to the puchases shall be issued upon shipment of the item. The due date should be set to a minimum of 14 days form purchaser reseving the shipment. If the seller needs a special need to require a payment from the purchaser, for example in the case of the purchase, the seller may claim this. Purchasers under age of 18 can only pay directly at the seller’s delivery of the item or upon shipment of the item upon delivery. (6)

 

7. Delivery

Delivery of the goods from the seller to the buyer occurs in the manner, at the place and at the time specified in the ordering solution in the online store. If no delivery time is stated in the booking solution, the seller shal deliver the item to the buyer within a reasonable time and no later than 30 days from the customer’s order. Should the seller ensure that the goods are to the buyer, he is obliged to have the goods transportet to the destination in an appropriate manner and on normal conditions of such transportation. The destination is with the purchaser unless otherwise expressly agreed by the parties.

 

8. The risk of item

The risk of the item passes to the buyer when the item is taken over by the buyer according to the agreement. If the delivery man has come and the buyer fails to take over an item that is set at his og her disposal after the agreement, the purchaser nevertheless has the risk of loss or damage caused by the characteristic of the item itself.

 

9. Right of withdrawal

The buyer may cancel the purchase of the item under the provisions of the Law (7). The right of withdrawal implies that the buyer can return the item to the seller without cause, even if there is no shortage of it and even if it is not delivered. The buyer must give the seller notice of use of the right of withdraw within 14 days after the item, the prescribed information on the right of withdrawal and the withdrawal from is received. If the buyer receives the withdrawal and the withdrawal form is received. If the buyer receives the withdrawal from and the necessary information at a later date than on delivery of the item, the cancellation deadline begins to run form the day the purchaser receives the withdrawal form and the information. If the purchaser has not received sufficient information or withdrawal form, the grace period will still go out 3 months after the item has been received. If the buyer has not received any information about the right of withdrawal at all, the deadline will be 1 year.

The message from the buyer to the seller regarding the use of the right of withdrawal should be in writing (withdrawal form, email, fax or letter), and it must contain information on how the buyer will return the item to the seller. When using the right of withdrawal, the item must be returned to the seller within a reasonable time. The seller is obliged to repay the full purchase price of the purchaser within 14 days from the day the seller receives the item or the pickup or item is set at the seller's disposal. The seller cannot determine fees for buyer's use of the right of withdrawal, but the seller may require the purchaser to pay the cost of the return shipment.

 

The buyer can investigate the product before he or she regrets the purchase. The item must still be returned to the seller in the same condition and quantity as it was in when the purchaser received it. T

he buyer should send the item back to the seller in its original packaging if possible. The buyer cannot regret the purchase of goods that degrade quickly, items which, by their nature, cannot be relaid, or on audio and video recordings (including Cds, DVDS) or computer applications where the seal is broken. The latter exemption only applies if the seller has clearly stated the terms and conditions for withdrawal of the right of withdrawal on the seal.

 

10. Survey Duty

When the purchaser receives the item, it is recommended that he or she periodically check whether it is in accordance with the order, whether it has been damaged in transit or if it is otherwise missing. If the item does not match the order or is missing, the purchaser must notify the seller of the claim cf. Clause 11 of the contract.

 

11. Claim by lack and deadline for filing a request for delay

If there is a shortage in the goods, the buyer must within a reasonable time after he or she discovered it, giving the seller notice that he or she will invoke the defect. The deadline can never be shorter than two months from the time when the consumer discovered the defect. Claims must still take place at least two years after the purchaser took over the item. If the item or part of it is intended to last substantially longer, the claim period is five years. In case of delay, the seller must be paid within a reasonable time after the delivery time has arrived and the item is not delivered. If the item is paid by credit card, the purchaser may also choose to advertise and send claims directly to the credit card company. (8)

The message for the seller or credit provider should be in writing (email or letter)

 

12. Buyer's rights at delay

If the seller does not deliver the goods or deliver it too late under the agreement between the parties, and this is not due to the purchaser or any relationship on the buyer’s side, the purchaser pursuant to the rules of the Consumer Purchase Act Chapter 5 May Purchase price back, claim fulfilment, terminate the agreement and claim compensation from seller. Fulfilment: If the seller fails to deliver the item at the time of delivery, the purchaser may retain the purchase and set a reasonable grace period for fulfilment form the seller. However, the buer may not claim fulfilment if there is a hindrance that the seller cannot overcome or if fulfilment will incur such a major disadvantage of cot to the sellet that it is in substantial disparity with the purchaser’s interest in the seller meet. If the difivulty falls away within a reasonable time, the consumer may require fulfilment.

Elevation: The buyer may terminate the contract with the seller if the delay is substantial or if the seller fails to deliver the item within the additional deadline for fulfilment that the buyer has determined. However, the buyer may not terminate the agreement while the additional deadline is running, unless the seller has said that he or she will not fulfil within the deadline. Compensation: The buyer may further claim compensation for losses he or she suffers as a result of the delay from the seller's side cf. Section 24 of the consumer purchase law. Buyer must report claims to the seller in case of complaint. Section 11 of this contract.

 

13. Purchaser's rights at a lack of

If the item has a defect and this is not due to the purchaser or the conditions on the buyer's side, the purchaser pursuant to the rules of the Consumer Purchase Act Chapter 6 May, in the circumstances, hold the purchase price back, choose between rectification and Redelivery, charge Claim the agreement raised and compensation from the seller. Rectification or Redelivery: If the item has a shortage, the purchaser may require the seller to correct the defect or to provide the corresponding item. The seller may oppose the buyer's claim if the implementation of the claim is impossible or the seller unreasonable costs. The seller shall make the correction or redelivery within a reasonable time. Rectification or redelivery shall be made at no cost to the purchaser, without the risk that the purchaser will not be covered by their expenses and without significant inconvenience to the purchaser. The seller may not make more than two attempts at rectification or redelivery for the same shortage, unless there are specific reasons that make further efforts reasonable.

 

Although the purchaser does not require rectification or redelivery, the seller may offer rectification or redelivery if this happens without delay. If the seller provides such rectification or redelivery, the purchaser may not request a price reduction or termination. Price reduction: If the defect is not corrected or redelivered, the purchaser may require a proportionate price reduction. Elevation: Instead of price reduction, the purchaser may terminate the agreement, except when the defect is insignificant. Compensation: The buyer may also claim compensation for financial losses he or she suffers as a result of the fact that the item has a defect cf. of the Consumer Purchase Act section 33. The buyer must report claims to the seller in the case of a claim CF clause 11. The rules of complaints apply in addition to, and regardless of, the rules of withdrawal and any warranties set by seller.

 

14. Seller's rights at buyer's defaults

If the purchaser does not pay or fulfil the remaining duties under the agreement, and this is not due to the seller or any conditions on the seller’s side, the seller may, in accordance with the rules of the Consumer Purchase Act Chapter 9 after the circumstances keep the goods Fulfilment of the agreement, claim the agreement raised as well as compensation from the buyer. The seller may also, under the circumstance, incur interest in late payment, collection fee and fees for non-prepaid unclaimed items. Fulfilment: if the buyer does not pay, the seller may retain the purchase and require the buyer to pay the purchase price (fulfilment). If the item is not delivered, the seller loses his right if he waits unreasonably long to promote the claim. Termination: In case of substantial payment defaults or other material defaults from the buyer, the seller may terminate the agreement. The seller can still not raise after the purchase price has been paid.

 

The seller may also terminate the purchase if the purchaser does not pay within a reasonable additional term for fulfilment made by the seller. However, the seller cannot raise while the additional deadline is running, unless the buyer has said that he or she will not pay. Compensation: The seller may claim compensation from the purchaser for the financial loss he or she suffers as a result of breach of contract from the buyer’s side cf. Of the Consumer Purchase Act section 46. Interest on delayed payment/debt collection fee: If the purchaser does not pay the purchaser price according to the agreement, the seller may charge interest of the purchase price under the law on interest on late payment. (9) in the case of non-payment, the claim, upon prior notice, may be sent to debt collection, and the purchaser may be held liable for charge under the law regarding collection activities and other claims of overdue monetary requirements. (10) Free for unclaimed non-prepaid items: If the purchaser fails to collect unpaid goods, the seller may charge the purchaser with a fee of KR carriage return. The fee shall maximum cover the seller’s actual outlay to deliver the item to the purchaser. Such a fee cannot be charged to purchasers under the age of 18. (11)

 

15. Warranty

The Guarantee provided by the seller or the manufacturer grants the byer rights in addition to the rights the buyer already has under mandatory legislation. Thus, a guarantee does not imply any limitations in the purchaser’s right to claim and delay or defects under section 12 and 13.

 

16. Personal Data

Unless the purchaser agrees otherwise, the seller may collect and store only the personal data necessary for the seller to implement the obligations under the collected unless the seller has consent from parents or guardians. Buyer’s Personal data shall only be disclosed to others if it is necessary for the seller to make the agreement with the purchaser, or in statutory case. The seller may obtain the purchaser’s social security number only if there is no 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 advertisement or information beyond what is necessary to make the agreement, the seller must obtain the buyer’s consent at the conclusion of the agreement. The seller must give the buyer 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 give by an active action, for example when checking. The buyer should be able to contact the seller easily, for example by phone or email if he or she has any questions about the seller's use of personal data or if he or she wishes that the seller delete or change the personal information.

 

17. Dispute resolution

The Parties shall attempt to resolve any disputes in an amicably. The buyer may contact the Consumer Council to obtain assistance in any dispute with the seller.If the amicable solution is not obtained after mediation in the Consumer Council, the parties may in writing petition that the Consumer Council promotes the dispute for the consumer dispute selection. 13 Decisions of the consumer dispute committee are enforceable four weeks after preaching.Before the decision is enforceable, the parties, by submitting a subpoena to the consumer dispute Committee, may bring the decision in for the District court.

 

18. SOURCE

1. See the Law of 19 June 1969 No. 66 on sales Tax Section 16.

2.Et credit Card is a payment card in which the settlement of the purchase is made by the Crediter (credit card company) sending the cardholder invoice with a claim for payment.

3. A debit card is a payment card linked to a deposit account. Using the card means that the user's account will be charged and the amount will be transferred to the beneficiary account.

4. Cf. pattern Agreement prepared by the Joint Contract Committee of the Savings Bank Association and the Financial Services corporate Organization – terms and conditions of credit card and billing card – consumer relationship point 12 and pattern terms prepared by Savings Bank Association and the Financial industry's main organization for credit card 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 aforenmentioned ways, as they cannot make any debts. On 22 April 1927 on the guardianship of the Under-Legal (VGML) Section2.

7. Act of 21. Desember 2000, 105, about duty of disclosure and rights of withdrawal M. V. For remote sales and sales outside of fixes point of sale (right of withdrawal).

8.Law of 17 December 1976 No. 100 on interest on late payment.

9.The Act pf 13 May 1988, 26 on debt collection activities and other collection of overdue monetary requirements.

10. Fees may not be charged to persons under the age of 18 as these cannot be related to the debt. VGML § 2.

11. See the law of 14. April 2000, 31 about the processing of personal data

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