Terms of Sale
TERMS OF SALE FOR VINCCI OSLO AS
This purchase is governed by the standard terms of sale below for consumer purchases of goods over the Internet. Consumer purchases over the Internet are mainly regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act, and these laws grant the consumer inalienable rights. The laws are available at www.lovdata.no. The terms in this agreement shall not be construed as a limitation of statutory rights but set forth the parties' most important rights and obligations for the transaction.
1. THE AGREEMENT
The agreement consists of these terms of sale, information provided in the ordering solution, and any separately agreed-upon terms. In case of conflict between the information, what has been specifically agreed upon between the parties takes precedence, unless it conflicts with mandatory legislation.
The agreement will also be supplemented by relevant legal provisions that regulate the purchase of goods between businesses and consumers.
2. THE PARTIES
The seller is Vincci AS, Akersgata 20, 0158 Oslo, nettbutikk@vincci.no, 916 11 920, org. no. 918264566, and is hereinafter referred to as the seller/vendor.
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 the buyer shall pay. This price includes all taxes and additional costs. The buyer shall not bear any additional costs that the seller has not informed them about before the purchase.
4. AGREEMENT CONCLUSION
The agreement is binding for both parties when the buyer has sent their order to the seller. However, the agreement is not binding if a typing or clerical error has occurred in the offer from the seller in the online store's ordering solution or in the buyer's order, and the other party realized or should have realized that such an error existed.
5. PAYMENT
The seller may demand payment for the goods from the time they are dispatched from the seller to the buyer. If the buyer uses a credit card or debit card for payment, the seller may reserve the purchase amount on the card upon ordering. The card will be charged on the same day the item is shipped.
For invoice payments, the invoice will be issued to the buyer upon dispatch of the item. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt.
Buyers under 18 years of age cannot pay by subsequent invoice.
In order to offer you Klarna's payment solutions, we may transfer your personal data in the checkout, in the form of contact and order details, to Klarna, so that Klarna can assess whether you qualify for their payment solutions and to tailor these payment solutions to you. Your transferred personal data will be processed in accordance with Klarna's own privacy policy."
6. DELIVERY
Delivery has occurred when the buyer, or their representative, has taken possession of the item.
Unless a delivery time is specified in the ordering solution, the seller shall deliver the item to the buyer without undue delay and no later than 30 days after the customer's order. The item shall be delivered to the buyer unless otherwise specifically agreed upon between the parties.
7. RISK OF THE GOODS
The risk for the goods passes to the buyer when he, or his representative, has received the goods in accordance with point 6.
8. RIGHT OF WITHDRAWAL
Unless the agreement is exempt from the right of withdrawal, the buyer may cancel the purchase of the item in accordance with the Right of Withdrawal Act.
The buyer must notify the seller of the exercise of the right of withdrawal within 14 days from when the period begins to run. All calendar days are included in the period. If the period ends on a Saturday, public holiday, or special holiday, the period is extended to the next working day.
The withdrawal period is considered observed if notification is sent before the expiry of the period. The buyer bears the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be in writing (right of withdrawal form, e-mail, or letter).
The withdrawal period begins to run:
• For single item purchases, the withdrawal period will run from the day after the item(s) are received.
• If a subscription is sold, or the agreement involves regular delivery of identical goods, the period 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 right of withdrawal is extended to 12 months after the expiry of the original period if the seller does not inform about the right of withdrawal and a standardized withdrawal form before entering into the agreement. The same applies in case of missing information about terms, deadlines, and procedures for exercising the right of withdrawal. If the trader provides the information within these 12 months, the withdrawal period nevertheless expires 14 days after the day the buyer received the information.
When exercising the right of withdrawal, the item must be returned to the seller without undue delay and no later than 14 days after notification of the exercise of the right of withdrawal has been given. The buyer covers the direct costs of returning the item, unless otherwise agreed or the seller has failed to inform that the buyer shall cover the return costs. The seller cannot charge a fee for the buyer's exercise of the right of withdrawal.
The buyer may try or test the item in a proper manner to determine its nature, characteristics, and function, without losing the right of withdrawal. If the trial or testing of the item goes beyond what is proper and necessary, the buyer may be responsible for any reduced value of the item.
The seller is obliged to repay the purchase price to the buyer without undue delay, and no later than 14 days from when the seller received 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 returned.
9. DELAY AND NON-DELIVERY — BUYER'S RIGHTS AND DEADLINE FOR CLAIMING
If the seller does not deliver the item 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 buyer's side, the buyer may, in accordance with the rules in Chapter 5 of the Consumer Purchases Act, depending on the circumstances, withhold the purchase price, demand fulfillment, cancel the agreement and/or claim compensation from the seller.
For claims of breach of contract remedies, for evidentiary reasons, the notification should be in writing (e.g., email).
• Fulfillment
The buyer can uphold 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 would entail such a great inconvenience or cost for the seller that it is in significant disproportion 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 their right to demand fulfillment if they wait an unreasonably long time to make the claim.
• Cancellation
If the seller does not deliver the item by the delivery time, the buyer must urge the seller to deliver within a reasonable additional period for fulfillment. If the seller does not deliver the item within the additional period, 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 crucial 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 period set by the consumer or after the delivery time that was crucial 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.
• Compensation
The buyer can claim compensation for losses 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 consideration at the time of the agreement, avoided, or overcome the consequences of.
10. DEFECT IN THE GOODS – Buyer's rights and complaint deadline
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 complained in time if it happens within 2 months from when 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 item or parts of it are intended to last significantly longer than two years, the complaint period 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 may, in accordance with the rules in Chapter 6 of the Consumer Purchases Act, depending on the circumstances, withhold the purchase price, choose between rectification and redelivery, demand a price reduction, demand the agreement be canceled and/or demand compensation from the seller.
Complaints to the seller should be in writing.
• Rectification or redelivery
The buyer can choose between demanding the defect to be rectified or delivery of a similar item. However, the seller can refuse the buyer's claim if the execution of the claim is impossible or causes the seller unreasonable costs. Rectification or redelivery must be carried out within a reasonable time. The seller generally does not have the right to make more than two attempts to remedy the same defect.
• Price reduction
The buyer can claim an appropriate price reduction if the item is not rectified or redelivered. 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 it, the price reduction can instead be set equal to the significance of the defect for the buyer.
11. SELLER'S RIGHTS IN CASE OF BUYER'S BREACH
If the buyer does not pay or fulfill the other obligations under the agreement or law, and this is not due to the seller or circumstances on the seller's side, the seller may, in accordance with the rules in Chapter 9 of the Consumer Purchases Act, depending on the circumstances, withhold the item, demand fulfillment of the agreement, demand the agreement be canceled, and claim compensation from the buyer. The seller may also, depending on the circumstances, claim interest in case of delayed payment, collection fees, and a reasonable fee for uncollected goods.
• Fulfillment
The seller can uphold the purchase and demand that the buyer pays the purchase price. If the item has not been delivered, the seller loses his right if he waits an unreasonably long time to make the claim.
• Cancellation
The seller can cancel the agreement if there is a significant payment default or other significant breach on the buyer's side. However, the seller cannot cancel 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 delayed 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 Act on Interest on Overdue Payments. In case of non-payment, the claim may, after prior notice, be sent for collection. The buyer may then be held liable 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 shall at most cover the seller's actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age.
12. WARRANTY
Any warranty given by the seller or manufacturer grants 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 complain and claim in case of delay or defects under points 9 and 10.
13. PERSONAL DATA
The data controller for collected personal data is the seller. Unless the buyer consents 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 complete the agreement with the buyer, or in cases stipulated by law.
14. DISPUTE RESOLUTION
Complaints should be directed 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 may contact the Consumer Council for mediation. The Consumer Council is available by phone at 23 400 500 or at www.forbrukerradet.no.
