Terms of Purchase
Introduction:
This purchase is governed by the standard terms and conditions for consumer purchases of goods online listed below. Online consumer purchases are primarily regulated by the Contract Act, Consumer Purchase Act, Marketing Act, Right of Withdrawal Act, and E-Commerce Act, and these acts grant the consumer non-derogable rights. The acts are available at www.lovdata.no. The terms of this agreement shall not be interpreted as limiting the rights granted by law, but rather outline the parties' key rights and obligations for the transaction.
These terms and conditions were developed and recommended by the Norwegian Consumer Council. For a better understanding of these terms and conditions, see the Norwegian Consumer Council's guide.
Table of Contents:
- The Agreement
- The Parties
- Price
- Entering into the Agreement
- Payment
- Delivery
- Risk of the Goods
- Right of Withdrawal
- Delay and Missing Delivery - Buyer's Rights and Deadline for Submitting Claims
- Defective Goods – Buyer's Rights and Claim Deadline
- Seller's Rights in Case of Buyer Breach
- Warranty
- Personal Data
- Dispute Resolution
1. The Agreement
The agreement consists of these terms and conditions, the information provided in the checkout flow, and any separately agreed terms. In the event of any conflict between the information, the separately agreed terms between the parties shall take precedence, provided that they do not conflict with mandatory legislation.
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
Argon Norway AS,
Business address: Christian August Thorings veg 7
Email: kontakt@argonnorway.no
Org. no.: 935 003 970 VAT
and is hereinafter referred to as the seller/sellers.
The buyer is the consumer who places the order, and is hereinafter referred to as the buyer/buyer.
3. Price
The stated price for the goods and services is the total amount the buyer must pay. This price includes all fees and additional costs. The buyer is not responsible for any additional costs that the seller did not inform them about prior to the purchase.
4. Entering into the Agreement
The agreement is binding on both parties once the buyer has sent their order to the seller.
However, the agreement is not binding if there is a typographical or input error in the seller's offer in the online store checkout flow or in the buyer's order, and the other party knew or should have known 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 to pay, the seller may reserve the purchase amount on the card at the time of order. The card will be charged on the same day the goods are shipped.
When paying by invoice, the invoice will be sent to the buyer when the goods are shipped. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt.
Buyers under the age of 18 may not pay using post-paid invoice.
6. Delivery
Delivery is completed when the buyer, or their representative, has taken possession of the goods.
If the delivery date is not stated in the checkout flow, the seller must deliver the goods to the buyer without undue delay and no later than 30 days after the customer places the order. The goods must be delivered to the buyer's address unless otherwise separately agreed between the parties.
7. Risk of the Goods
Risk of the goods transfers to the buyer when they, or their representative, have received the goods in accordance with clause 6.
8. Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw from the purchase of the goods in accordance with the Right of Withdrawal Act.
The buyer must notify the seller of their use of the right of withdrawal within 14 days of the start of the withdrawal period. All calendar days are included in this period. If the deadline falls on a Saturday, public holiday, or bank holiday, the deadline is extended to the next working day.
The withdrawal deadline is considered met if the notification is sent before the deadline expires. The buyer bears the burden of proof that the right of withdrawal has been exercised, so the notification should be made in writing (withdrawal form, email, or letter).
The withdrawal period starts:
- For the purchase of individual goods, the withdrawal period starts the day after the buyer receives the goods.
- If the purchase is a subscription, or the agreement involves regular delivery of identical goods, the period starts the day after the buyer receives the first shipment.
If the purchase consists of multiple shipments, the withdrawal period starts the day after the buyer receives the final shipment. The withdrawal period is extended to 12 months after the original deadline expires if the seller does not inform the buyer of the right of withdrawal and the standard withdrawal form prior to entering into the agreement. The same applies if the seller fails to provide information about the terms, deadlines, and procedure for exercising the right of withdrawal. If the business provides this information within these 12 months, the withdrawal period expires 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 from the date the buyer notifies the seller of their withdrawal. The buyer is responsible for the direct costs of returning the goods, unless otherwise agreed or if the seller failed to inform the buyer that they would be responsible for return shipping costs. The seller may not charge a fee for the buyer's use of the right of withdrawal.
The buyer may test or inspect the goods in a reasonable manner to determine their nature, characteristics, and function without losing their right of withdrawal. If the testing or inspection goes beyond what is reasonable and necessary, the buyer may be responsible for any reduction in the goods' value.
The seller is obligated to refund the purchase amount to the buyer without undue delay and no later than 14 days after the seller receives notification of the buyer's decision to exercise their right of withdrawal. The seller may withhold the refund until they receive the goods from the buyer, or until the buyer provides documentation that the goods have been returned.
9. Delay and Missing Delivery – Buyer's Rights and Deadline for Submitting 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 part, the buyer may, in accordance with the provisions of Chapter 5 of the Consumer Purchase Act, depending on the circumstances, withhold the purchase amount, request specific performance, rescind the agreement the agreement and/or request damages from the seller.
When submitting a claim for breach of contract, the notification should be in writing (for example, email) for evidentiary purposes.
Specific Performance
The buyer may maintain the purchase and request specific performance from the seller. However, the buyer may not request specific performance if there is an obstacle that the seller cannot overcome, or if specific performance would impose such a significant burden or cost on the seller that it would be grossly disproportionate to the buyer's interest in the seller performing. If the obstacle is removed within a reasonable time, the buyer may still request specific performance.
The buyer loses their right to request specific performance if they wait an unreasonable length of time to raise the claim.
Rescission
If the seller fails to deliver the goods by the agreed delivery date, the buyer must request that the seller deliver the goods within a reasonable additional period for performance. If the seller still fails to deliver the goods within the additional period, the buyer may rescind the purchase.
However, the buyer may immediately rescind the purchase if the seller refuses to deliver the goods. The same applies if delivery by the agreed time was critical to entering into the agreement, or if the buyer has informed the seller that the delivery date is critical.
If the goods are delivered after the additional period set by the consumer, or after the delivery date that was critical to entering into the agreement, the claim for rescission must be made within a reasonable time after the buyer learns of the delivery.
Damages
The buyer may request damages for any loss suffered as a result of the delay. This does not apply if the seller demonstrates that the delay was 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.
10. Defective Goods – Buyer's Rights and Claim Deadline
If there is a defect in the goods, the buyer must notify the seller within a reasonable time after discovering the defect or when they should have discovered it, that they intend to claim the defect. The buyer is always considered to have submitted a timely claim if they do so within 2 months of discovering the defect or when they should have discovered it. Claims may be made no later than two years after the buyer takes possession of the goods. If the goods or parts of them are intended to last significantly longer than two years, the claim deadline is five years.
If the goods have a defect 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, depending on the circumstances, withhold the purchase amount, choose between repair and replacement, request a price reductionrescind the agreement and/or request damages from the seller.
Claims to the seller should be made in writing.
Repair or Replacement
The buyer may choose to request that the defect be repaired or that a replacement good be provided. However, the seller may object to the buyer's request if fulfilling the request is impossible or would impose unreasonable costs on the seller. Repair or replacement 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 request a reasonable price reduction if the goods are not repaired or replaced. This means that the ratio between the reduced and agreed price corresponds to the ratio between the goods' value in their defective state and their value in the contracted state. If there are special reasons, the price reduction may instead be set equal to the significance of the defect for the buyer.
Rescission
If the goods are not repaired or replaced, the buyer may also rescind the purchase if the defect is not minor.
11. Seller's Rights in Case of Buyer Breach
If the buyer fails to pay or fulfill their 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, depending on the circumstances, withhold the goods, request specific performance performance of the agreement, request the agreement rescinded and request damages from the buyer. The seller may also, depending on the circumstances, request interest on late payments, collection fees and a reasonable fee for uncollected goods.
Specific Performance
The seller may maintain the purchase and request that the buyer pay the purchase amount. If the goods have not been delivered, the seller loses their right if they wait an unreasonable length of time to raise the claim.
Rescission
The seller may rescind the agreement if there is a material breach of payment or other material breach by the buyer. However, the seller may not rescind if the full purchase amount has been paid. If the seller sets a reasonable additional period for performance and the buyer does not pay within that period, the seller may rescind the purchase.
Interest on Late Payments/Collection Fees
If the buyer fails to pay the purchase amount in accordance with the agreement, the seller may request interest on the purchase amount under the Late Payment Interest Act. In the event of non-payment, the claim may be sent to collections after prior notice. The buyer may then be held responsible for fees under 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 may only cover the seller's actual costs incurred to deliver the goods to the buyer. Such a fee may not be charged to buyers under the age of 18.
12. Warranty
Warranties provided by the seller or manufacturer grant the buyer rights in addition to those the buyer already has under mandatory legislation. A warranty therefore does not limit the buyer's right to make claims and requests for delays or defects under clauses 9 and 10.
13. Personal Data
The seller is the data controller for the collected personal data. Unless the buyer agrees otherwise, the seller may only collect and store the personal data necessary for the seller to fulfill their obligations under the agreement, in accordance with the Personal Data Act. The buyer's personal data will only be disclosed to third parties if it is necessary for the seller to fulfill the agreement with the buyer, or as required by law.
14. Dispute Resolution
Claims should be submitted to the seller within a reasonable time, see clauses 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 phone at 23 400 500 or at www.forbrukerradet.no