English Terms and Conditions
Terms of sale for consumer purchases of goods made to order over the Internet
Updated October 07, 2023. Adapted from the Norwegian Consumer Authority's standard terms and conditions for consumer purchases of goods over the internet.
This purchase is governed by the following terms and conditions of sale for consumer purchases of goods made to order over the Internet. Consumer purchases over the Internet are mainly regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Cancellation Act and the E-Commerce Act, and these laws provide the consumer with mandatory
rights. The laws are available at www.lovdata.no.
The terms of this agreement shall not be construed as a limitation of the statutory rights, but set out the parties' main rights and obligations for the trade.
For an overview of the most important terms and laws referred to in these terms and conditions, see the Consumer Authority's guide.
Table of contents:
1] The agreement
4] Conclusion of the agreement
7] The risk of the product
8] Right of withdrawal
9] Delay and non-delivery
- the buyer's rights and time limit for
10] Defects in the goods - the buyer's rights
and complaint period
11] The seller's rights at the buyer's
13] Personal data
14] Conflict resolution
1] The agreement
The agreement consists of these terms of sale, information provided in the ordering solution and any separately agreed terms. In the event of any contradiction between the information, what has been specifically agreed between the parties takes precedence, provided that it does not conflict with mandatory legislation. The agreement will also be supplemented by relevant statutory provisions governing the purchase of goods between businesses and consumers.
The seller is Valeria Duca, Dalsbergstien 7b 0107 Oslo, email@example.com, +47 48395687, Organization number 921132921 and is hereinafter referred to as the seller/seller.
The buyer is the consumer who places the order and is referred to below as the buyer/buyer.
The stated price for the goods and services is the total price to be paid by the buyer. This price includes taxes and additional costs, including 5% art tax to BKH (Bildende Kunstneres Hjelpefond) on sales of artworks over NOK 2000. However, the price does not include any expenses for shipping from the pick-up point.
Additional costs that the Seller has not informed the Buyer of prior to the purchase, or that have not otherwise been specifically agreed between the parties, shall not be borne by the Buyer.
4] Conclusion of the agreement
The agreement is binding on both parties when the buyer has sent their order to the seller. However, the agreement is not binding if there have been typing or typing errors 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 Seller also reserves the right to cancel an order if the goods cannot be manufactured within a reasonable time, for example due to limited access to materials, craftsmen or in the event of illness and similar emerging events.
When entering into a contract with an hourly agreement, the buyer or the buyer's representative is obliged to show up at the agreed time for the production of the goods, and to participate as a model (or otherwise by agreement) throughout the duration of the hourly agreement, cf. Section 40 of the Consumer Purchase Act.
Cancellation of an appointment must be notified to the seller no later than 24 hours before the agreed time. If the buyer does not show up at the agreed time without notifying the seller at least 24 hours in advance, full payment will be charged.
Paintings made in accordance with the buyer's instructions are considered a purchase of workmanship in accordance with section 2a of the Consumer Purchase Act.
The Seller may demand payment for the goods from the time the production of the goods has begun; for portraits or the production of other works with an hourly agreement, the production of the goods begins at the start of the hourly agreement. If the goods have not been paid for before delivery, the Seller may withhold the goods until payment has been received.
If the buyer uses a credit card or debit card for payment, the seller can reserve the purchase price on the card when ordering. The card will be charged on the same day that production of the goods has begun. In the case of payment by invoice, the invoice is issued to the buyer upon shipment of the goods. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt.
In the event of non-attendance at an appointment without cancellation no later than 24 hours before the appointment, the buyer will be charged the full amount.
Buyers under the age of 18 cannot pay with a subsequent invoice.
Delivery is deemed to have taken place when the goods have been collected by the buyer or the buyer's representative, unless otherwise agreed between the parties. The time of collection of specially manufactured goods, such as paintings made according to the Buyer's instructions or to order, must be agreed between the parties. This is primarily due to variations in the drying speed of the paint and consideration of the durability of the goods during transportation.
Delivery may also take place when the Seller has shipped the goods, if freight from the pick-up point has been agreed between the parties.
The Buyer is responsible for collecting the goods at the collection point no later than 30 days after the Buyer has been notified that the goods are ready for collection, unless otherwise agreed. The Seller shall deliver the goods to the Buyer without undue delay and no later than 30 days after the appointment with the Customer, unless otherwise agreed.
The pick-up point is at the Seller's premises at Dalsbergstien 7b (see point 2) unless otherwise agreed. The Buyer is obliged to collect the goods, in accordance with the Consumer Purchase Act §40b.
7] The risk of the product
The risk for the goods passes to the buyer when the goods are delivered in accordance with section 6.
8] Right of withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may cancel the purchase of the goods in accordance with the
Specially manufactured goods, such as paintings made according to the buyer's instructions, are exempt from the right of withdrawal under section 22e of the Cancellation Act.
For goods that are not exempt from the right of withdrawal:
The buyer must notify the seller of the use of the right of withdrawal within 14 days from the start of the deadline.
The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday or holiday, the deadline is extended to the next working day. The withdrawal period is considered 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 (withdrawal form, e-mail or letter).
The attack deadline begins to run:
- For purchases of individual items, the withdrawal period will run from the day after the item(s) are received.
- If a subscription is sold, or if 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 withdrawal period will run from the day after the last delivery is received.
The cooling-off period is extended to 12 months after the expiry of the original deadline if the seller does not
the conclusion of the contract states that there is a right of withdrawal and a standardized withdrawal form. The same applies if the terms, deadlines and procedures for exercising the right of withdrawal are not provided. If the trader provides the information during these 12 months, the withdrawal period expires 14 days after the day the buyer receives 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 after notification of the right of withdrawal has been given. The buyer covers the direct costs of returning the goods, 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 buyer may try or test the goods in a proper manner to determine the nature, characteristics and function of the goods, without the right of withdrawal lapsing. If the trial or test of the goods goes beyond what is reasonable and necessary, the buyer may be 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 being 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 presented documentation that the goods have been returned.
9] Delay and defective delivery - the buyer's rights and deadline for filing a claim
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 part, the buyer may, depending on the circumstances, withhold the purchase price, demand performance, terminate the agreement and/or claim compensation from the seller in accordance with the rules in Chapter 5 of the Consumer Purchase Act.
In the event of a claim for remedies for breach of contract, the notification should be in writing (e.g. e-mail) for evidentiary reasons.
The Buyer may maintain the purchase and demand performance from the Seller. However, the Buyer may not demand performance if there is an obstacle that the Seller cannot overcome, or if performance would cause such great inconvenience or cost to the Seller that it is significantly disproportionate to the Buyer's interest in the Seller's performance. Should the difficulties disappear within a reasonable time, the buyer may nevertheless demand performance. The buyer loses his or her right to demand performance if he or she waits unreasonably long to make the claim.
If the seller does not deliver the goods at the time of delivery, the buyer shall encourage the seller to deliver within a reasonable additional period for fulfillment. If the seller does not deliver the goods within the additional deadline, the buyer may cancel the purchase. However, the buyer may cancel the purchase immediately if the seller refuses to deliver the goods. 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, a claim for rescission must be asserted within a reasonable time after the buyer became aware of the delivery.
The Buyer may claim compensation for any loss 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 account at the time of the agreement, avoided, or overcome the consequences of.
10] Defects in the goods - the buyer's rights and time limit for complaints
If there is a defect in the goods, the Buyer must notify the Seller within a reasonable time after it was discovered or should have been discovered that he or she intends to invoke the defect. The buyer has always made a timely complaint if it is made within 2 months of the defect being discovered or should have been discovered. Complaints can be made no later than two years after the buyer took possession of the goods. If the goods or parts of them are intended to last significantly longer than two years, the complaint deadline is five years.
If the goods have a defect and this is not due to the buyer or circumstances on the buyer's part, the buyer may, according to the rules in Chapter 6 of the Consumer Purchases Act, withhold the purchase price, choose between rectification and replacement, claim a price reduction, cancel the contract and/or claim compensation from the seller. Complaints to the seller should be made in writing.
- Rectification or redelivery
The buyer can choose between demanding that the defect be rectified or delivery of equivalent goods. The Seller may nevertheless
oppose the Buyer's claim if the implementation of the claim is impossible or causes the Seller unreasonable costs. Rectification or replacement delivery must be made within a reasonable time. In principle, the Seller is not entitled to make more than two attempts to remedy the same defect.
- Price reduction
The buyer may demand an appropriate price reduction if the goods are not corrected or replaced. This includes
carries that the ratio between the reduced and agreed price corresponds to the ratio between the value of the item in the
full and contractual condition. If there are special reasons for this, the price reduction may instead be set
be equal to the significance of the defect for the buyer.
If the goods have not been corrected or replaced, the buyer may also cancel the purchase if the defect is not
11] The seller's rights in the event of the buyer's default
If the buyer does not pay or fulfill the other obligations under the agreement or the law, and this is not due to the seller or circumstances on the seller's part, the seller may, in accordance with the rules of consumer law
Chapter 9 of the Sale of Goods Act may, depending on the circumstances, withhold the goods, demand performance of the contract, demand termination of the contract and claim compensation from the Buyer. Depending on the circumstances, the seller may also claim interest in the event of late payment, collection fees and a reasonable fee for unclaimed goods.
The seller can maintain the purchase and require the buyer to pay the purchase price. If the goods are not delivered, the
the seller's right if he waits unreasonably long to make the claim.
The Seller may terminate the agreement if there is a significant payment default or other significant
default on the part of the buyer. However, the seller cannot cancel if the full 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 may cancel the purchase.
- Interest on late payment/collection fees
If the buyer fails to pay the purchase price in accordance with the agreement, the seller may charge interest on the purchase
the sum according to the Interest on Overdue Payments Act. In the event of non-payment, the claim may, after prior
notice, be sent to debt collection. The buyer may then be held liable for fees under the Debt Collection Act.
- Fee for unclaimed non-prepaid goods
If the Buyer fails to collect unpaid goods, the Seller may charge the Buyer a fee. The fee
shall cover a maximum of the seller's actual expenses for delivering the goods to the buyer. Such a fee may
not charged to buyers under the age of 18.
Warranty provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has
has under mandatory legislation. A warranty thus does not entail any restrictions on the buyer's right
to complaints and claims in the event of delay or defects in accordance with clauses 9 and 10.
13] Personal data
The Seller is the data controller for the personal data collected. Unless the buyer consents otherwise, the seller may, in accordance with the Personal Data Act, only collect and store the personal data that is necessary for the seller to be able 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 perform the agreement with the buyer, or in statutory cases.
14] Conflict resolution
Complaints shall be addressed to the Seller within a reasonable time, cf. clauses 9 and 10. The parties shall attempt to resolve any disputes amicably. If this does not succeed, the buyer may contact the Consumer Council for mediation.
The Consumer Council is available by phone 23 400 500 or www.forbrukerradet.no.