Terms of purchase
Terms of Purchase
Introduction:
This purchase is governed by the following standard sales terms for consumer purchases of goods over the Internet. Consumer purchases over the internet are primarily regulated by the Contract Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act, and the Electronic Commerce Act, and these laws grant the consumer irrevocable rights. The laws are available at www.lovdata.no. The terms of this agreement should not be interpreted as limiting the statutory rights, but rather as setting out the main rights and obligations of the parties involved in the transaction.
The sales terms are prepared and recommended by the Consumer Authority. For a better understanding of these sales terms, refer to the Consumer Authority's guide.
Table of Contents:
- Agreement
- Parties
- Price
- Agreement Formation
- Payment
- Delivery
- Risk of the Goods
- Right of Withdrawal
- Delay and Non-Delivery – Consumer’s Rights and Deadline for Claiming
- Defects in the Goods – Consumer’s Rights and Complaint Deadline
- Seller's Rights in Case of Consumer Default
- Warranty
- Personal Data
- Dispute Resolution
- Agreement
The agreement consists of these sales terms, information provided in the ordering system, and any specially agreed terms. In the event of a contradiction between the information, the special agreement between the parties takes precedence, provided it does not conflict with mandatory legislation.
The agreement will also be supplemented by relevant legal provisions that regulate the purchase of goods between businesses and consumers.
- Parties
Seller:
Argon Norway,
Business address: Furulunden 16a,
Email: contact@argonnorway.com,
Org. No.: 931 467 751,
And hereafter referred to as the seller.
Buyer: The consumer making the order, referred to hereafter as the buyer.
- Price
The stated price for the goods and services is the total price the buyer must pay. This price includes all taxes and additional costs. Any additional costs that the seller has not informed the buyer of before the purchase are not to be borne by the buyer.
- Agreement Formation
The agreement is binding for both parties once the buyer has sent their order to the seller.
However, the agreement is not binding if there has been a typographical or input error in the seller’s offer in the ordering system or in the buyer's order, and the other party realizes or should have realized that there was such an error.
- Payment
The seller may demand payment for the goods from the moment they are dispatched from the seller to the buyer.
If the buyer uses a credit or debit card for payment, the seller can reserve the purchase amount on the card at the time of the order. The card will be charged on the day the goods are shipped.
When paying by invoice, the invoice is issued to the buyer upon dispatch of the goods. The payment deadline is specified on the invoice and is at least 14 days from receipt.
Buyers under the age of 18 cannot pay by invoice.
- Delivery
Delivery is deemed to have occurred when the buyer or their representative has taken possession of the goods.
If the delivery date is not specified in the ordering system, the seller must deliver the goods to the buyer without undue delay and no later than 30 days after the order. The goods shall be delivered to the buyer unless otherwise specifically agreed between the parties.
- Risk of the Goods
The risk of the goods transfers to the buyer when the buyer, or their representative, has received the goods delivered in accordance with section 6.
- Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer has the right to cancel the purchase 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 the start of the withdrawal period. The period includes all calendar days. If the period ends on a Saturday, holiday, or public holiday, the period is extended to the next business day.
The right of withdrawal is considered exercised if the notice is sent before the deadline. The buyer has the burden of proof that the right of withdrawal has been exercised, so the notice should be made in writing (right of withdrawal form, email, or letter).
The withdrawal period begins:
- For individual goods purchases, the period starts the day after the goods are received.
- If a subscription is sold, or if the agreement involves regular delivery of identical goods, the period begins the day after the first shipment is received.
- If the purchase consists of multiple deliveries, the period starts the day after the last delivery is received. The withdrawal period extends to 12 months after the expiration of the original period if the seller did not inform the buyer about the right of withdrawal or provide the standardized withdrawal form. Similarly, this applies if the seller did not inform about the terms, deadlines, and procedures for exercising the right of withdrawal. If the seller provides this information within these 12 months, the withdrawal period expires 14 days after the day the buyer received the information.
In the case of exercising the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days after notifying the seller of the decision to withdraw. The buyer covers the direct costs of returning the goods unless otherwise agreed or the seller has failed to inform the buyer that the return costs are the buyer’s responsibility. The seller cannot charge the buyer a fee for exercising the right of withdrawal.
The buyer can try or test the goods in a reasonable way to determine the nature, characteristics, and function of the goods, without the right of withdrawal being voided. If the trial or testing exceeds what is reasonable and necessary, the buyer may be liable for any reduced value of the goods.
The seller is obligated to refund the purchase amount to the buyer without undue delay, and no later than 14 days after the seller received the notice of the buyer’s decision to exercise the right of withdrawal. The seller may withhold the payment until they have received the goods from the buyer or the buyer has provided evidence that the goods have been returned.
- Delay and Non-Delivery – Consumer’s Rights and Deadline for Claiming
If the seller does not deliver the goods or delivers them late according to the agreement between the parties, and this is not caused by the buyer or the buyer's circumstances, the buyer may, under the rules of the Consumer Purchases Act, Chapter 5, depending on the circumstances, withhold the purchase price, demand fulfillment, cancel the agreement, and/or claim compensation from the seller.
In the case of a claim for breach of contract, the notification should preferably be made in writing (e.g., by email).
If the buyer wishes to return the goods, the goods must be returned in their original condition and packaging. Any tags or seals that were attached to the goods should also remain intact. The buyer is responsible for the shipping costs for returns unless the seller has agreed to cover them.
The return must take place within the agreed time frame, which is typically 14 days from the day the buyer receives the goods. If the goods are returned after this period, the seller has the right to refuse the return or charge a handling fee.
- Defects in the Goods – Consumer’s Rights and Complaint Deadline
If the goods are defective, the buyer has the right to claim a remedy in accordance with the Consumer Purchases Act. The buyer is entitled to a repair, replacement, or a refund depending on the nature of the defect. The buyer must notify the seller of the defect within a reasonable time, usually within two months of discovering the defect.
The complaint deadline is a maximum of two years after the buyer has received the goods, but in some cases, the warranty may provide additional coverage.
- Seller's Rights in Case of Consumer Default
If the buyer fails to fulfill their obligations under the agreement, the seller may demand the fulfillment of the agreement or seek compensation for any damages incurred. If the buyer does not pay on time, the seller may cancel the order or seek other legal remedies as outlined in the Consumer Purchases Act.
- Warranty
If a warranty has been provided for the goods, the specific terms and conditions will be described separately, either in the product description or in communication from the seller. The warranty gives the buyer additional rights, but does not affect the buyer’s statutory rights under the Consumer Purchases Act.
- Personal Data
The seller will process the buyer's personal data in accordance with the applicable data protection laws. The seller will use the personal data only for the purposes of fulfilling the agreement and may need to share it with third parties, such as a payment service provider, in connection with the processing of the order.
By agreeing to these terms, the buyer gives consent to the processing of their personal data as described in the seller's privacy policy.
- Dispute Resolution
If a dispute arises between the buyer and the seller, the parties should first attempt to resolve the matter amicably. If the dispute cannot be resolved through dialogue, it can be brought before the Consumer Disputes Commission or the relevant court for further resolution.
Final Notes:
These terms are subject to change. The seller will notify the buyer of any updates, and any new terms will apply to future transactions unless otherwise specified. If the buyer has any questions or concerns, they are encouraged to contact the seller for clarification.