Terms
This purchase is governed by the standard terms and conditions for consumer purchases of goods over the Internet, as set out below. Consumer purchases over the Internet are mainly regulated by the Sales of Goods Act, the Consumer Purchase Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act, and these laws provide consumers with non-negotiable rights. The terms of this agreement should not be understood as limiting the statutory rights, but rather establish the parties' most important rights and obligations for the transaction.
The terms and conditions have been prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these terms and conditions, see the Norwegian Consumer Authority's guide here.
AGREEMENT
The agreement consists of these terms and conditions, the information provided in the ordering solution, and any separately agreed terms. In the event of any conflict between the information, the separately agreed terms between the parties shall prevail, provided they do not conflict with mandatory legislation.
The agreement will also be supplemented by relevant legal provisions governing the purchase of goods between businesses and consumers
1. PARTIES
The seller is 1313 SELAH AS /, Karoline Kristiansens vei 4D Oslo, Norway INFO@1313SELAH.COM, and is referred to as the seller in the following.
The buyer is the consumer who places the order and is referred to as the buyer in the following.
2. PRICING
NORWAY: 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 been informed about before the purchase.
3. REST OF THE WORLD
Please note that taxes and duties are not included in the total cost of your purchase. As a customer, it is important to be aware that you are required to pay taxes upon receiving your package.
4. CONCLUSION OF THE AGREEMENT
The agreement is binding for both parties when the buyer has submitted the order to the seller.
However, the agreement is not binding if there have been any writing or typing errors in the offer from the seller in the ordering solution in the online store or 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 moment they are dispatched by 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 at the time of ordering. The card will be charged on the same day that the goods are dispatched.
If payment is made by invoice, the invoice will be issued to the buyer upon dispatch of the goods. 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.
6. DELIVERY
Delivery is deemed to have taken place when the buyer, or their representative, has taken possession of the goods.
If the delivery time is not specified in the ordering solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the customer's order. Unless otherwise agreed between the parties, the goods shall be delivered to the buyer's location.
7. RISK
The risk of the goods passes to the buyer when they, or the buyer's representative, have received the goods by point 6.
8. RIGHT OF WITHDRAWAL
Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw from the purchase of the goods by the Right of Withdrawal Act.
The buyer must notify the seller of the use of the right of withdrawal within 14 days from the start of the withdrawal period. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday, or holiday, the deadline is extended to the nearest working day.
The withdrawal period is considered complied with if the notification is sent before the expiry of the deadline. The buyer has the burden of proof that the right of withdrawal has been exercised, and therefore the notification should be made in writing (withdrawal form, email, or letter).
The withdrawal period starts:
- For the purchase of individual items, the withdrawal period starts from the day after the receipt of the item(s).
- If the purchase consists of multiple deliveries, the withdrawal period starts from the day after the receipt of the last delivery.
The withdrawal period is extended to 12 months after the expiry of the original deadline if the seller does not inform the buyer before the conclusion of the agreement that there is a right of withdrawal and a standardized withdrawal form. The same applies if there is a lack of information about conditions, deadlines, and procedures for using the right of withdrawal. If the seller provides the information during these 12 months, the withdrawal period will expire 14 days after the day the buyer receives the information.
When exercising 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 the use of the right of withdrawal. The buyer bears the direct cost of returning the goods unless otherwise agreed or the seller has failed to inform the buyer that they should bear the return costs. The seller cannot impose a fee for the buyer's use of the right of withdrawal.
The buyer may try or test the goods properly to determine the nature, characteristics, and functioning of the goods, without the right of withdrawal being forfeited. If the testing or examination of the goods goes beyond what is reasonable and necessary, the buyer may be liable for any diminished value of the goods.
The seller is obliged to refund the purchase amount to the buyer without undue delay, and no later than 14 days from the seller's receipt of the buyer's decision to use the right of withdrawal. The seller has the right to withhold the payment until they have received the goods from the buyer, or until the buyer has provided documentation that the goods have been returned.
9. DELAY & NON-DELIVERY - BUYER´S RIGHTS AND DEADLINE FOR CLAIMS
If the seller fails to deliver the goods or delivers them late by 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 of the Consumer Purchase Act Chapter 5, under the circumstances, withhold payment, demand fulfillment, cancel the agreement, and/or claim compensation from the seller.
Claims for remedies should be made in writing for evidential purposes (e.g. email).
10. FULFILLMENT
The buyer may insist on 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 significant inconvenience or cost for the seller that it is disproportionately burdensome compared to the buyer's interest in the seller fulfilling. If the difficulties cease within a reasonable time, the buyer can still demand fulfillment.
The buyer forfeits their right to demand fulfillment if they unreasonably delay making the claim.
11. CANCELLATION
If the seller does not deliver the goods by the delivery time, the buyer shall encourage 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 may cancel the purchase.
However, the buyer may cancel the purchase immediately if the seller refuses to deliver the goods. The same applies if timely delivery is crucial for the conclusion of the agreement or if the buyer has notified the seller that the delivery time is crucial.
If the goods are delivered after the additional deadline set by the consumer or after the delivery time that was crucial for the conclusion of the agreement, the claim for cancellation must be made within a reasonable time after the buyer becomes aware of the delivery.
12. COMPENSATION
The buyer may claim compensation for any loss suffered as a result of the delay. However, this does not apply if the seller can prove that the delay is due to obstacles beyond the seller's control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome.
13. DEFECTS IN GOODS - BUYER´S RIGHTS AND TIME LIMITS FOR CLAIMS
If there is a defect in the goods, the buyer must notify the seller within a reasonable time after the defect was discovered or should have been discovered. The buyer has always complained in time if it occurs within 2 months of the defect being discovered or should have been discovered. The complaint can be made up to 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 period is five years.
If the goods have a defect that is not due to the buyer or circumstances on the buyer's side, the buyer may, according to the rules of the Consumer Purchase Act Chapter 6, under the circumstances, withhold payment, choose between rectification and replacement, demand a price reduction, cancel the agreement, and/or claim compensation from the seller.
Complaints to the seller should be made in writing.
14. RECTIFICATION OR REPLACEMENT
The buyer may choose between demanding rectification of the defect or delivery of an equivalent item. However, the seller may object to the buyer's claim if fulfilling the claim is impossible or would cause the seller unreasonable costs. Rectification or replacement shall be carried out within a reasonable time. In principle, the seller is not entitled to carry out more than two attempts at rectification for the same defect.
15. PRICE REDUCTION
The buyer may demand a reasonable price reduction if the goods are not rectified or replaced. This means that the ratio between the reduced and agreed price corresponds to the ratio between the value of the defective and contractually compliant condition of the goods. If there are special reasons, the price reduction may instead be set equal to the significance of the defect for the buyer.
16. CANCELLATION
If the goods are not rectified or replaced, the buyer may also cancel the purchase if the defect is not insignificant.
17. SELLER´S RIGHTS IN CASE 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 side, the seller may, by the rules of the Consumer Purchase Act Chapter 9, under the circumstances, withhold the goods, demand fulfillment of the agreement, cancel the agreement, and/or claim compensation from the buyer. The seller may also, under the circumstances, claim interest for late payment, collection fees, and a reasonable fee for uncollected goods.
18. FULFILLMENT
The seller may insist on the purchase and demand that the buyer pay the purchase price. If the goods have not been delivered, the seller loses this right if they unreasonably delay making the claim.
19. CANCELLATION
The seller may cancel the agreement if there is significant non-payment or other significant breach of contract by the buyer. 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 may cancel the purchase.
20. INTEREST FOR LATE PAYMENT/COLLECTION FEES
If the buyer does not pay the purchase price by the agreement, the seller may claim interest on the purchase price by the Late Payment of Commercial Debts (Interest) Act. In the event of non-payment, after prior notice, the claim may be referred for collection. In such cases, the buyer may be held liable for fees by the Debt Collection Act.
21. FEE FOR UNCOLLECTED GOODS
If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee shall cover the seller's actual expenses for delivering the goods to the buyer at most. Such a fee cannot be charged to buyers under 18 years of age.
22. WARRANTY
Warranties provided by the seller or the manufacturer give the buyer rights in addition to those the buyer already has under mandatory legislation. A warranty does not limit the buyer's right to file a complaint or make claims for delays or defects under points 9 and 10.
23. PERSONAL DATA
The data controller for the collected personal data is the seller. Unless the buyer consents to something else, the seller, by the Personal Data Act, may only collect and store the personal data necessary for the seller to fulfill their obligations under the agreement. The buyer's data will only be disclosed to others if necessary for the seller to complete the agreement with the buyer or in cases required by law.
24. CONFLICT RESOLUTION
Complaints should be 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 may contact the Norwegian Consumer Authority for mediation. The Norwegian Consumer Authority is available by phone at 23 400 600 or www.forbrukertilsynet.no.
The European Commission's Online Dispute Resolution platform can also be used if you wish to file a complaint. This is particularly relevant if you reside outside of Norway or if the complaint relates to a purchase made online. The platform can be found at ec.europa.eu/consumers/odr.