Vilkår og betingelser
This purchase is governed by the following standard terms of sale 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 Undertaking Act and the Ecommerce Act, and these laws give the consumer essential rights. The laws are available at www.lovdata.no. The terms of this Agreement shall not be construed as limiting the statutory rights, but shall set forth the principal rights and obligations of the parties to the trade.
The terms of sale have been prepared and recommended by the Consumer Authority. For a better understanding of these terms of sale, see the Consumer Authority's guide here.
1. The Agreement
The agreement consists of these terms of sale, information given in the order solution and any specially agreed terms. In the event of any conflict between the information, what is specifically agreed between the parties will prevail, unless it is contrary to mandatory legislation.
In addition, the agreement will be completed by relevant legal provisions regulating the purchase of goods between traders and consumers.
2. The parts
The seller is Stian Punnerud Maskin og Transport, Vålaugsvegen 6 2032 Maura, email@example.com, +47 975 00 309, Vat nr: 985509557, and is hereinafter referred to as the seller / seller.
The buyer is the consumer who places the order and is hereinafter referred to as the buyer / buyer.
The price quoted for the goods and services is the total price the buyer must pay. This price includes all fees and additional costs (Only in Norway!). The exception applies to costs related to exports from Norway to abroad. The seller is not responsible for customs and VAT costs for the buyer for shipments out of Norway.
Please note that some banks do charge an extra overseas transaction fee. This fee is charged by the bank and will not be reimbursed by SpTrucking. For more information, please contact your bank.
4. Entering into an 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 typo or typo 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 a mistake.
The seller may claim payment for the item from the time it is shipped from the seller to the buyer.
If the buyer uses a credit or debit card on payment, the seller can reserve the purchase price on the card when ordering. The card will be charged the same day the item is shipped.
When paying by invoice, the invoice to the buyer is issued upon ordering. The goods are sent consecutively after the invoice has been paid, unless otherwise agreed. The payment deadline is stated on the invoice and is at least 10 days from receipt.
Buyers under 18 cannot pay with subsequent invoice.
Delivery is made when the buyer, or his representative, has taken over the item.
If delivery time is not stated in the ordering solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the order from the customer. The goods must be delivered to the buyer unless otherwise agreed between the parties.
Please note extra costs for importing to your country! We do not cover these costs.
7. The risk of the item
The risk of the goods passes to the buyer when he, or his representative, has the goods delivered in accordance with item 6.
8. Return of goods
Unless the agreement is exempt from the right of cancellation, the buyer may regret the purchase of the goods in accordance with the right of cancellation.
The buyer must notify the seller of the right of withdrawal within 14 days from the deadline starts. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday or public holiday, the deadline is extended to the nearest working day.
The withdrawal period is considered to be complied with if a message is sent before the expiry of the deadline. The buyer has the burden of proving that the right of withdrawal has been invoked, and the notification should therefore be in writing (withdrawal form, e-mail or letter).
The period of regret begins to run:
- When purchasing individual items, the withdrawal period will run from the day after the item (s) is received.
- If a subscription is sold, or the agreement involves regular delivery of identical goods, the deadline starts 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 does not state, before the conclusion of the agreement, that there is a right of withdrawal and a standardized withdrawal form. The same applies if there is a lack of information on terms, deadlines and procedures for using the right of withdrawal. However, if the trader provides the information during these 12 months, the withdrawal period expires 14 days after the day the buyer received the information.
When using the right of withdrawal, the item must be returned to the seller without undue delay and no later than 14 days from notification of use of the right of withdrawal is given. The buyer will cover the direct costs of returning the item, unless otherwise agreed or the seller has failed to state that the buyer will cover the return costs. The seller cannot set a fee for the buyer's use of the right of withdrawal.
The seller is obliged to repay the purchase price to the buyer without undue delay, and within 14 days from the seller was notified of the buyer's decision to exercise the right of withdrawal. The seller is entitled to withhold payment until he has received the goods from the buyer, or until the buyer has provided documentation that the goods have been returned.
9. Delay and failure to deliver - buyers' rights and deadline for reporting claims
If the seller does not deliver the goods or delivers it too late in accordance with the agreement between the parties, and this is not due to the buyer or circumstances on the part of the buyer, the buyer may, according to the rules in Chapter 5 of the Consumer Purchase Act, withhold the purchase price, demand fulfillment, cancel the agreement and / or claim compensation from the seller.
For claims of breach of authority, the statement of evidence should be in writing (for example, email).
The buyer can maintain the purchase and demand fulfillment from the seller. However, the buyer cannot claim fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment will cause such a great disadvantage or cost to the seller that there is a significant disproportion to the buyer's interest in meeting the seller. Should the difficulties fall away within a reasonable time, the buyer may still require fulfillment.
The buyer loses his right to demand fulfillment if he or she waits unreasonably long to advance the claim.
If the seller fails to 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 fails to deliver the goods within the additional deadline, the buyer may cancel the purchase.
However, the buyer can cancel the purchase immediately if the seller refuses to deliver the item. 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 delivery time is crucial.
If the item is delivered after the additional deadline the consumer has set or after the delivery date which was decisive for the conclusion of the agreement, a claim for cancellation must be made within a reasonable time after the buyer was informed of the delivery.
The buyer may claim compensation for some loss 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 which could not reasonably have been taken into account at the time of the agreement, avoided, or overcome the consequences.
10. Deficiency of the item - the buyer's rights and the deadline for the complaint
If there is a defect in the item, the buyer must within a reasonable time after it was discovered or should have been discovered, notify the seller that he or she will invoke the defect. The buyer has always advertised in time if it happens within 2 months. from the defect was discovered or should have been discovered. Complaints can be made within two years of the buyer taking over the item. If the item or part of it is intended to last for significantly longer than two years, the claim period is five years.
If the item has a defect and this is not due to the buyer or circumstances on the part of the buyer, the buyer may, according to the rules in the Consumer Purchase Act, Chapter 6 withhold the purchase price, choose between rectification and delivery, demand a price reduction, demand the agreement canceled and / or demand compensation from seller.
Complaints to the seller should be made in writing.
Correction or redelivery
The buyer can choose between demanding the defect corrected or delivery of similar items. However, the seller may object to the buyer's claim if the execution of the claim is impossible or the seller incurs unreasonable costs. Correction or delivery must be made within a reasonable time. The seller is basically not entitled to make more than two remedial attempts for the same defect.
The buyer may claim an appropriate price reduction if the item is not corrected or shipped. This means that the ratio between the discounted and the agreed price corresponds to the ratio between the value of the item in defective and contractual condition. If there are specific reasons for this, the price reduction can instead be set equal to the lack of significance for the buyer.
If the item is not rectified or redelivered, the buyer can also cancel the purchase when the defect is not insignificant.11. The seller's rights in the event of the buyer's default
If the buyer fails to 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, according to the rules in the Consumer Purchase Act Chapter 9 withhold the goods, demand fulfillment of the agreement, demand the agreement terminated and claim compensation from the buyer. The seller may also, according to the circumstances, be able to claim interest on late payment, collection fees and a reasonable fee for uncollected goods.
The seller can maintain the purchase and demand that the buyer pay the purchase price. If the item is not delivered, the seller loses his right if he waits unreasonably long to promote the claim.
The Seller may terminate the Agreement if there is a material payment default or other material breach on the part of the Buyer. However, the seller cannot withdraw if the entire purchase price is paid. If the seller determines a reasonable additional deadline for fulfillment and the buyer does not pay within this deadline, the seller can cancel the purchase.
If the buyer fails to pay the purchase price under the agreement, the seller may claim interest on the purchase price in accordance with the Delay Interest Act. In the event of non-payment, the claim, after prior notice, can be sent to the Buyer can then be held liable for fees under the Debt Collection Act.
If the buyer fails to collect unpaid goods, the seller may charge the buyer with a fee. The fee shall cover at most the seller's actual outlay to deliver the item to the buyer. Such a fee cannot be charged to buyers under 18 years of age.
Warranty given by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory law. A guarantee therefore does not impose any restrictions on the buyer's right to complaint and claims in the event of delays or deficiencies under points 9 and 10.
The person responsible for the processing of personal data collected is the seller. Unless otherwise agreed by the Buyer, the Seller may, in accordance with the Personal Data Act, only collect and store the personal information necessary for the Seller to carry out the obligations under the Agreement. The Buyer's personal information will only be disclosed to others if it is necessary for the Seller to execute the agreement with the Buyer, or in statutory cases.
Complaints are addressed to the seller within a reasonable time, cf. paragraphs 9 and 10. The parties shall endeavor to resolve any disputes in amicable terms. If this fails, the buyer can contact the Consumer Council for mediation. The Consumer Council is available on telephone +47 23 400 500 or www.forbrukerradet.no.