Standard sales conditions for consumer purchases of goods over the Internet
- 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 is separately agreed between the parties takes precedence, as long as it does not conflict with mandatory legislation.
The agreement will also be completed by relevant legal provisions that regulate the purchase of goods between traders and consumers.
- The Parties
The seller is Galleri Kiær, Thea Kristine Tangen v/ Thea Kiær, (thea-art.com), Frode Rinnans veg 106, 7050 Trondheim. E-mail: firstname.lastname@example.org, phone no: 99020389, Org no: 995154145 and referred to below as the seller/seller.
Buyer is the consumer who makes the order, and is referred to below as the buyer/purchaser.
The stated price for the goods and services is the total price the buyer must pay. This price includes all taxes and additional costs. Additional costs that the seller has not informed about before the purchase shall not be borne by the buyer.
- Conclusion of agreement
The agreement is binding for both parties when the buyer has sent his order to the seller.
The agreement is nevertheless not binding if there has been a writing 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.
- The payment
The seller can demand payment for the item from the time it is sent from the seller to the buyer.
You can use payment solutions such as Vipps, Klarna, Paypal and Stripe in the online store.
Klarna offers payment by invoice and partial payment. 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 is charged on the same day the item is sent.
When paying by invoice, the invoice is issued to the buyer when the goods are dispatched. The payment deadline appears on the invoice and is a minimum of 14 days from receipt.
Buyers under the age of 18 cannot pay with a subsequent invoice.
Delivery has taken place when the buyer, or his representative, has taken over the thing. All products are sent as Norway parcel with tracking through Posten. They have 2-5 days delivery time after receiving the package in their terminal.
If no delivery time is stated in the order solution, the seller must 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 separately agreed between the parties.
- The risk of the item
The risk for the goods passes to the buyer when he, or his representative, has had the goods delivered in accordance with point 6.
- Right of withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer can cancel the purchase of the goods in accordance with the Right of Cancellation Act.
The buyer must notify the seller of using 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, 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 made in writing (right of withdrawal form, e-mail or letter).
*Please note that the right of withdrawal does not apply for portrait orders as this is a product that is custom-made for the customer, unless the artwork is damaged during shipping.
See HERE to read more about the right of withdrawal.
The cooling-off period begins:
When purchasing individual items, the cancellation period will run from the day after the item(s) have been received.
If a subscription is sold, or 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 cancellation period will run from the day after the last delivery has been received.
The cancellation period is extended to 12 months after the end of the original period if the seller does not inform the seller before the conclusion of the agreement that there is a right of cancellation and a standardized cancellation form. The same applies in the event of a lack of information on terms, deadlines and procedures for exercising the right of withdrawal. If the trader makes sure to provide the information during these 12 months, the cancellation period still expires 14 days after the day the buyer received the information.
When using the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days from the notification of use of the right of withdrawal being given. The buyer covers the direct costs of returning the item, unless otherwise agreed or the seller has failed to state that the buyer must cover the return costs. The seller cannot set a fee for the buyer's use of the right of withdrawal.
The buyer can try or test the item in a proper way to determine the nature, properties and function of the item, without the right of withdrawal being lost. If the examination or testing of the goods goes beyond what is reasonable and necessary, the buyer may be held liable for any reduced value of the goods.
The seller is obliged to repay the purchase price to the buyer without undue delay, and no later than 14 days from the seller receiving notification 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 provided documentation that the goods have been sent back.
- Delay and non-delivery - buyer's rights and deadline for reporting claims
If the seller does not deliver the item or delivers it 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, withhold the purchase price, depending on the circumstances, demand fulfillment, terminate the agreement and/or demand compensation from the seller.
For reasons of proof, the notice should be in writing (e.g. e-mail) in the case of claims for default powers.
Buyer can maintain the purchase and demand fulfillment from the seller. However, the buyer cannot demand fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment will cause such a great inconvenience or cost to the seller that it is significantly out of proportion to the buyer's interest in the seller fulfilling. Should the difficulties disappear within a reasonable time, the buyer can still demand fulfillment.
The buyer loses his right to demand fulfillment if he or she waits an unreasonably long time to make the claim.
If the seller does not deliver the goods at the time of delivery, the buyer must call on 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 can 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 notified the seller that the time of delivery is decisive.
If the thing is delivered after the additional deadline the consumer has set or after the time of delivery which was decisive for the conclusion of the agreement, a claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.
The buyer can claim compensation for a slight 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 of.
- Defects in the product - the buyer's rights and complaint deadline
If there is a defect in the goods, the buyer must, within a reasonable time after it was discovered or should have been discovered, notify the seller that he or she wants to claim the defect. The buyer has always complained in sufficient time if it happens within 2 months. from the time the defect was discovered or should have been discovered. Complaints can be made no later than two years after the buyer took over the item. If the product or parts of it are intended to last significantly longer than two years, the complaint deadline is five years.
If the item has a defect and this is not due to the buyer or circumstances on the buyer's side, the buyer can, in accordance with the rules in the Consumer Purchase Act, Chapter 6, depending on the circumstances, withhold the purchase price, choose between rectification and redelivery, demand a price reduction, demand the agreement terminated and/or demand compensation from the seller.
Complaints to the seller must be made in writing and with a photo of the product that documents the discrepancy.
The buyer must bear the costs of returning the goods unless the reason for the return is damage to the goods. In the event of damage to the item, the damage must be documented with a photo/video to the seller. The seller covers shipping and sends the customer a new item free of charge if possible. In the event of damage to the purchase of unique works of art, the works of art must be returned in their entirety and the customer will be refunded the amount. If necessary, the customer can get a discount on the price with documented damage caused by shipping, without returning the artwork. In the event of damage to ordered works caused by shipping, the buyer is entitled to a refund of the full amount or the delivery of a new work. After presentation of a receipt from the customer, the shipping amount will be refunded if the return is due to damage during shipping. It is expected that the item is packed in the same way as when the buyer received it.
The buyer is only responsible for any reduction in the value of the goods that is due to a different handling of the goods than is necessary to determine their nature, properties and function. The item(s) must be returned in the same good condition as when the buyer received it.
Correction or resubmission
The buyer can choose between demanding the defect rectified or delivery of equivalent items. The seller can nevertheless object to the buyer's claim if the implementation of the claim is impossible or causes the seller unreasonable costs. Correction or redelivery must be made within a reasonable time. In principle, the seller does not have the right to make more than two remedial attempts for the same defect.
Buyer can claim an appropriate price reduction if the item is not corrected or re-delivered. This means that the ratio between the reduced and agreed price corresponds to the ratio between the item's value in defective and contractual condition. If there are special reasons for this, the price discount can instead be set equal to the significance of the defect for the buyer.
If the goods have not been corrected or re-delivered, the buyer can also cancel the purchase when the defect is not insignificant.
- The seller's rights in the event of the buyer's default
If the buyer does not pay or fulfill the other obligations according to the agreement or the law, and this is not due to the seller or conditions on the seller's side, the seller may, in accordance with the rules in the Consumer Purchase Act, chapter 9, depending on the circumstances, withhold the goods, demand fulfillment of the agreement, require the agreement to be terminated and demand compensation from the buyer. The seller will also be able, depending on the circumstances, to demand interest for late payment, debt collection fees and a reasonable fee for uncollected goods.
The seller can maintain the purchase and demand that the buyer pays the purchase price. If the goods are not delivered, the seller loses his right if he waits an unreasonably long time to make the claim.
The seller can terminate the agreement if there is a significant payment default or other significant default on the part of the buyer. The seller cannot withdraw if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for fulfillment and the buyer does not pay within this deadline, the seller can cancel the purchase.
Interest for late payment/collection fee
If the buyer does not pay the purchase price in accordance with the agreement, the seller can claim interest on the purchase price in accordance with the Late Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to the Buyer, who may then be held liable for fees in accordance with the Debt Collection Act.
Fee for uncollected non-prepaid goods
If the buyer fails to pick up unpaid goods, the seller can charge the buyer a fee. The fee shall at most cover the seller's actual outlay for delivering the goods to the buyer. Such a fee cannot be charged to buyers under the age of 18.
Warranties given by the seller or manufacturer give the buyer rights in addition to those the buyer already has under non-derogable legislation. A guarantee thus implies no restrictions on the buyer's right to complaint and claim in the event of delay or defects according to points 9 and 10.
- Personal data
The controller for collected personal data is the seller. Unless the buyer agrees otherwise, the seller can, in line with the Personal Data Act, only obtain and store the personal data that is necessary for the seller to be able to carry out the obligations under the agreement. The buyer's personal data will only be disclosed to others if it is necessary for the seller to complete the agreement with the buyer, or in statutory cases.
- Conflict Resolution
Complaints are addressed to the seller within a reasonable time, cf. points 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is not successful, the buyer can contact the Consumer Council for mediation. The Consumer Council is available on telephone 23 400 500 or www.forbrukerradet.no.
The European Commission's complaints portal can also be used if you wish to lodge a complaint. It is particularly relevant if you are a consumer living in another EU country. The complaint is submitted here: http://ec.europa.eu/odr.