Terms of purchase

Standard terms of sale for consumer purchases of goods over the Internet

Table of contents

  • Introduction
  1. The agreement
  2. The parties
  3. Price
  4. Conclusion of agreement
  5. Payments
  6. Delivery
  7. The risk of the goods
  8. Right of withdrawalDelay and non-delivery – buyers’ rights and deadline for reporting claims:
    1. Fulfillment
    2. Lifting
    3. Replacement
  9. Defects in the goods – the buyer’s rights and complaint deadline
    1. Correction or replacement
    2. Price reduction
    3. Lifting
  10. The seller’s rights in the event of buyer default
    1. Fulfillment
    2. Lifting
    3. Interest on late payment/collection fees
    4. Fee for uncollected non-prepaid goods
  11. Warranty
  12. Personal information
  13. Conflict resolution

Introduction

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 Right of Withdrawal 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’ main 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 takes precedence, unless it contravenes mandatory legislation.

In addition, the agreement will be supplemented by relevant legal provisions governing the purchase of goods between traders and consumers.

2. Parties

Seller is:

931464825

Truevision AS
Svilandveien 96 4337

and is referred to in the following as the seller/seller. The buyer is the consumer who places the order and is hereinafter referred to as the buyer/purchaser.

3. 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 clerical 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. Payments

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 ordering. The card will be charged on the same day as the item is shipped.

If payment is made by invoice, the invoice is issued to the buyer upon shipment of the goods. The payment period is stated on the invoice and is a minimum of 14 days from receipt.

Buyers under the age of 18 cannot pay by subsequent invoice.

6. Terms of delivery

6.1 The Products are delivered according to CPT (Carriage Paid To) Incoterms® 2020, unless otherwise agreed. The Seller organizes the freight to the agreed place of delivery, but all transport costs are covered by the Buyer through re-invoicing, unless the choice for freight is selected in the checkout.

6.2 The Seller takes responsibility for the goods until they are handed over to the carrier. From this point, the buyer assumes the risk of damage, loss and delays during transportation.

6.3 The Buyer is also responsible for customs duties, import taxes and any other fees incurred upon receipt of the Goods, unless otherwise specified in the Agreement.

6.4 Any changes in transportation arrangements must be agreed in writing between the parties, and any additional costs arising from such changes may be re-invoiced to the buyer.

7. The 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 withdrawal

Unless the agreement is exempt from the right of withdrawal, the buyer can cancel the purchase of the item in accordance with the Right of Withdrawal Act.

The Buyer must notify the Seller of use of the right of withdrawal 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 withdrawal 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 withdrawal has been exercised, and the notification should therefore be in writing (withdrawal form, e-mail or letter).

The cooling-off period starts to run:

  • In the case of purchases of individual items, the withdrawal period will run from the day after the item(s) are received.
  • If a subscription is sold, or if the agreement involves regular delivery of identical goods, the deadline runs from the day after the first shipment is received.
  • If the purchase consists of several deliveries, the withdrawal period will run from the day after the last delivery is received.

The withdrawal period is extended to 12 months after the expiry of the original deadline if the seller fails to inform the consumer prior to the conclusion of the contract that there is a right of withdrawal and a standardized withdrawal form. The same applies if the seller fails to provide information about the terms, deadlines and procedure 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.

If the right of withdrawal is exercised, the goods must be returned to the seller without undue delay and no later than 14 days after notification of the right of withdrawal 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 withdrawal.

The Buyer may try or test the goods in a proper manner to determine the nature, characteristics and function of the goods, without the right of withdrawal lapsing. If sampling or testing of the goods goes beyond what is prudent and necessary, the buyer may be liable for any reduced value of the goods.

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 withdrawal. 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. Terms of purchase for Services – Chemical Cleaning, Water Testing and Clean-In-Place (CIP)

9.1 Risk and Liability
When ordering our services, including dry cleaning, water testing and Clean-In-Place (CIP), the customer understands that there is a certain risk associated with the implementation of such processes.

9.2 Disclaimer in the event of Damage
Although we take all necessary precautions to avoid damage to the customer’s plant and equipment, we disclaim liability for any damage that may occur during the performance of the services, unless it can be documented that the damage is due to gross negligence on our part. This means that any damage or defects that arise as a result of normal processes, unforeseen circumstances or the condition of the facility are the responsibility of the customer.

9.3 Acceptance of Terms
By confirming the order and allowing us to perform the agreed services, the customer acknowledges having read, understood and accepted all points in these terms of purchase. The customer hereby consents to us carrying out the work without liability for damage or loss not caused by gross negligence. Furthermore, the customer undertakes to pay for the services in accordance with the agreed prices and payment terms.

10. Delay and non-delivery – buyers’ rights and deadline for reporting claims

If the seller fails to 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, under the circumstances withhold the purchase price, demand performance, terminate the agreement and/or claim compensation from the seller.

When claiming remedies for breach of contract, the notification should be in writing (e.g. e-mail) for reasons of evidence.

Fulfillment
The buyer can maintain the purchase and demand fulfillment from the seller. However, the Buyer may not demand performance if there is an obstacle that the Seller cannot overcome, or if performance would entail such great inconvenience or cost for the Seller that it is significantly 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 his or her right to demand performance if he or she waits an unreasonably long time to submit the claim.

Cancellation
If the seller does not deliver the goods at the time of delivery, the buyer shall encourage the seller to deliver within a reasonable additional deadline for fulfillment. If the seller does not deliver the goods within the additional deadline, 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 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 rescission must be asserted within a reasonable time after the buyer became 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 taken into account at the time of the agreement, avoided, or overcome the consequences of.

11. Defects in the goods – the buyer’s rights and complaint deadline

If there is a defect in the goods, the Buyer must notify the Seller within a reasonable time after it was discovered or should have been discovered that he or she will invoke the defect. The buyer has always made a timely complaint if it occurs within 2 months of the defect being discovered or should have been discovered. Complaints can be made no later than two years after the buyer took possession of the goods. If the goods or parts of them are intended to last significantly longer than two years, the complaint period 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 Chapter 6 of the Consumer Purchase Act, withhold the purchase price, choose between rectification and redelivery, demand a price reduction, demand termination of the agreement and/or demand compensation from the seller.

Complaints to the seller should be made in writing.

Rectification or replacement
The Buyer may choose between demanding that the defect be rectified or delivery of equivalent goods. However, the Seller may oppose the Buyer’s claim if the implementation of the claim is impossible or causes the Seller unreasonable costs. Rectification or replacement shall be carried out within a reasonable time. In principle, the Seller is not entitled to make more than two attempts to remedy the same defect.

Price reduction
The buyer can demand an appropriate price reduction if the item is not corrected or redelivered. This means that the ratio between the reduced price and the agreed price corresponds to the ratio between the value of the item in defective and contractual condition. If there are special reasons to do so, the price reduction may instead be set equal to the significance of the defect for the buyer.

Cancellation
If the goods have not been corrected or redelivered, the buyer may also cancel the purchase if the defect is not insignificant.

12. 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 part of the seller, the seller may, in accordance with the rules in Chapter 9 of the Consumer Purchase Act, under the circumstances withhold the goods, demand fulfillment of the agreement, demand termination of the agreement and claim compensation from the buyer. The seller may also, depending on the circumstances, claim interest in the event of late payment, collection fees and a reasonable fee for uncollected goods.

Fulfillment
The seller can retain the purchase and demand that the buyer pays the purchase price. If the goods have not been delivered, the seller loses his right if he waits an unreasonably long time to make the claim.

Termination
The Seller may terminate the agreement in the event of a significant payment default or other significant breach on the part of the Buyer. However, the Seller may not terminate if the entire purchase price has been paid. If the Seller sets a reasonable additional deadline for fulfillment and the Buyer fails to pay within this deadline, the Seller may cancel the purchase.

Interest in the event of late payment/collection fees
If the Buyer fails to pay the purchase price in accordance with the agreement, the Seller may claim interest on the purchase price under the Interest on Late Payments Act. In the event of non-payment, the claim may, after prior notice, be sent to the Buyer may then be held liable for fees under the Debt 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 not exceed the seller’s actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under the age of 18.

13. Warranty

A guarantee given by the seller or the manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A guarantee thus does not imply any limitations on the buyer’s right to complaints and claims in the event of delays or defects under clauses 9 and 10.

14. Personal data

The data controller for collected personal data is the seller. Unless the Buyer agrees otherwise, the Seller may, in accordance with the Personal Data Act, only collect and store the personal data necessary for the Seller to fulfill its obligations under the agreement. The buyer’s personal data will only be disclosed to others if it is necessary for the seller to fulfill the agreement with the buyer, or in statutory cases.

15. Conflict resolution

Complaints should be addressed to the seller within a reasonable time, cf. sections 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is unsuccessful, the buyer may contact the Consumer Council for mediation. The Consumer Council can be contacted by telephone on 23 400 500 or at www.forbrukerradet.no.

The European Commission’s complaints portal can also be used if you wish to lodge a complaint. This is particularly relevant if you are a consumer living in another EU country. The complaint is filed here: http://ec.europa.eu/odr.