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 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 give the consumer inalienable rights. The laws are available at www.lovdata.no. The terms of this agreement are not to be construed as limiting the statutory rights, but set out the parties’ most important rights and obligations for trade.
The terms of sale have been prepared and recommended by the Norwegian Consumer Agency. For a better understanding of these terms of sale, see the Norwegian Consumer Agency’s guide here.
The seller is Himalayan group as, oslo gate 14 , 0192, oslo, E-mail:-firstname.lastname@example.org, Telephone Number:-94072505, Organization Number:-927093693, and is hereinafter referred to as the seller / seller. The buyer is the consumer who makes the order, and is hereinafter referred to as the buyer / buyer.
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 card or debit card when paying, the seller can reserve the purchase price on the card when ordering. The card will be charged the same day as the item is sent.
When paying with an invoice, the invoice to the buyer is issued when the item is shipped. The payment deadline is stated 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 takes place when the buyer, or his representative, has taken over the thing.
If the delivery time is not stated in the order solution, the seller must deliver the item to the buyer without unnecessary delay and no later than 30 days after the order from the customer. The item must be delivered to the buyer unless otherwise agreed between the parties.
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 the use of the right of withdrawal within 14 days from the deadline begins to run. 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 cancellation deadline is considered complied with if notification is sent before the expiry of the deadline. The buyer has the burden of proving 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).
The cancellation period begins to run:
- When purchasing individual items, the cancellation 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 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 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 in the event of lack of information on terms, deadlines and procedures for exercising the right of withdrawal. If the trader provides 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 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 has been given. The buyer covers 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 can not set a fee for the buyer’s use of the right of withdrawal.
The buyer can try or test the item in a responsible manner to determine the item’s nature, properties and function, without the right of withdrawal lapse. If testing or testing of the item goes beyond what is justifiable 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 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 submitted documentation that the goods have been returned.
DEFECT IN ITEM – BUYERS RIGHTS AND COMPLAINT DEADLINE:-
If the seller does not deliver the goods or delivers them 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, according to the rules in Chapter 5 of the Consumer Purchases Act , withhold the purchase price , demand fulfillment , terminate the agreement and / or claim compensation from the seller.
In the event of a claim for default rights, the notification should, for evidentiary reasons, be in writing (eg e-mail).
The buyer can maintain the purchase and demand fulfillment from the seller. However, the buyer can not demand fulfillment if there is an obstacle that the seller can not overcome, or if fulfillment will entail such a great inconvenience or cost for the seller that it is significantly disproportionate 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 unreasonably long to advance the claim.
If the seller does not deliver the item 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 item 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 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, the 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 small 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 during the contract period, avoided, or overcome the consequences of.
Complaints are addressed to the seller within a reasonable time, cf. items 9 and 10. The parties shall try to resolve any disputes amicably. If this does not succeed, 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. This is especially relevant if you are a consumer residing in another EU country. The complaint is submitted here: http://ec.europa.eu/odr .