Terms of service
1. Contract
Norwegian consumer legislation is mandatory, unless conditions are agreed on that are more favourable to the consumer than those implied by the law; see the Consumer Purchases Act, Section 3 and Cancellation Act, Section 3.
The basis of the contract consists of the information the Purchaser receives in the payment solution, along with these standard terms and conditions. Deviations from these standard terms and conditions that are favourable to the consumer are permitted by direct correspondence between Purchaser and Seller. In instances where the contract does not supply a direct solution to a certain issue, the contract must be complemented with relevant statutory provisions.
Section 8 of the Cancellation Act lists information that the contract shall include in all circumstances, and the information the Purchaser has the right to receive before a contract is concluded. The Seller must itself find out whether further informational requirements follow from legislation other than that which these guidelines deal with.
Individual informational requirements regarding the good itself and different alternatives offered by the Seller (e.g. delivery) must be presented in the ordering solution.
2. Parties
Section 8 of the E-Commerce Act and Section 8, subsection 1, letter d of the Cancellation Act require the trader to supply the trader’s name, VAT registration number, geographical address, email address and other information that makes it possible for the consumer to come into direct contact with the trader. The address at which the trader is established shall be stated, but if this is different than the trader’s registered business premises, this also shall be stated. If someone is acting on behalf of a trader, the identity and address to the entity acting on behalf of the trader shall be stated, so that e.g. the consumer knows where to direct any claims. This information shall be stated on the website.
A link to this information should be provided on every single page on the Seller’s website; see the legislative history (Prop. to the Odelsting no. 31 [2002-2003]). It is not sufficient for the information to only be available on the homepage.
The consumer shall be able to come into direct contact with the Seller. The Consumer Authority recommends that the Seller state the telephone number or use a chat solution on the website to fulfil this requirement. A chat solution must have a maximum wait time of 30 to 60 minutes on all business days.
5. Payment
No later than at the start of the ordering process, the Seller shall clearly and plainly state the payment methods accepted so that the Purchaser avoids starting an order that cannot be completed because he/she lacks the relevant payment methods.
The Seller may reserve the amount in the Purchaser’s account until the good is sent. This money will not be available to the Purchaser, but remain in the Purchaser’s possession.
If the amount is charged before the good is sent, the payment will be considered an advance payment. The Seller must have a particular need to require advance payments, e.g. when a purchased good is made to the Purchaser’s specifications. The need for liquidity will not be considered sufficient grounds for advance payment. When the Seller requires advance payment, the Purchaser must be clearly informed of this in the ordering process.
6. Delivery
The Purchaser shall be informed of alternative delivery methods and their features before the purchase is completed.
Delivery has occurred once the Purchaser, or someone whom he/she has assigned to receive or transport the good, has become aware that the good is at their disposal at the place of delivery.
If the Seller has an agreement with a courier for shipment of the good to the Purchaser, delivery only occurs once the good is handed over to the Purchaser, not when it is handed over to the courier.
Delivery has occurred once the Purchaser or courier with whom the Purchaser has an agreement has taken control of the good. Delivery has occurred if the good has been placed in the Purchaser’s mailbox or if, upon agreement with the Purchaser, it has been delivered to the workplace, at a neighbour’s, or in the Purchaser’s garage.
8. Right to cancel
The right to cancel means that the Purchaser may for any reason return a good to the Seller even if it is not defective. The consumer may also cancel a purchase before the good has been delivered. Reference is made to the Consumer Council’s Guidelines on the right to cancel (in Norwegian).
Information form and cancellation form
The trader must give the consumer sufficient information on the good and the right to cancel. It is recommended that this information be given by filling in a form that has been drawn up by the Ministry. [6] If the form is used, the requirements for information on the right to cancel will be considered fulfilled. [7] The form shall be sent to the consumer on paper, by email or another durable medium. The burden of proof that the information requirement under the Cancellation Act has been fulfilled lies with the Seller.
In contracts where the consumer has a right to cancel, the consumer shall receive a cancellation form. [8] The Ministry has drawn up a cancellation form that can be used. The form shall be sent to the consumer on paper, by email or another durable medium. It will not be enough to show that the form is available on the trader’s website. When exercising the right, the consumer may choose between using the form he/she received or submitting another unambiguous declaration.
Examples of such forms are available (in Norwegian) at http://www.signform.no/dss/. The visual design and manner in which the information is presented may be customised as long as all the requirements of the Cancellation Act are met. The Consumer Authority recommends that the available forms be used as far as possible.
Purchaser’s right to examine the good
In order to decide whether to exercise the right to cancel, the Purchaser has the right to examine the good. An appropriate checking or testing of the good to determine its nature, properties and function will not nullify the right to cancel, nor will it give grounds for compensation arising from the examination. This right is comparable to the examinations one is permitted when buying goods in a shop, such as trying on an article of clothing.
If the checking or testing goes beyond what is reasonable and necessary, however, the Purchaser may be responsible for any reduction in the good’s original value. This reduction in value will often consist of the costs for washing or repairing the good. If the good can no longer be sold as new, the reduced value will correspond to the objective loss of income suffered by the Seller in selling it used or, if necessary, disposing of it.
In order for the Seller to demand compensation from the consumer for the reduction in value, the Seller must have given the consumer information on the right to cancel. [9]
Return costs
The Purchaser must cover the direct costs associated with returning the good, unless otherwise agreed. Direct costs are shipping or transport costs, along with any other direct expenses such as the purchase of new shipment packaging. They do not include any administrative costs the trader incurs as a result of the good being returned.
However, the Purchaser shall not cover the return costs if the Seller has not informed him/her of this obligation prior to the conclusion of the contract.
Exemptions from the right to cancel
If the contract is exempt from the right to cancel according to Section 22 of the Cancellation Act, this must be communicated to the Purchaser prior to the conclusion of the contract. This provision exempts a number of contracts, including:
- The delivery of goods that deteriorate or quickly reach their expiry date
Examples include fresh food items or cut flowers. Health food products are not included in this exemption.
- Goods produced to Purchaser’s specifications
These are purchases in which goods are produced according to consumer specifications, or when the good is made with a clear personal feature. Examples include a set of made-to-measure curtains or a cabinet produced according to the consumer’s requirements.
The reason for this exemption is that the right to cancel can cause the trader significant losses, since it would be impossible or quite difficult to sell the good to others. The exemption is not however intended to cover standard goods that the trader, in order to avoid storage costs, only produces after an order comes in from a consumer who makes certain minor choices.
This exemption shall be interpreted narrowly. The purchase of mass-produced goods with the year stamped on them is not covered, even if it would be difficult to sell the good the following year, so the right to cancel must be retained. The trader sells this type of good at its own risk.
- Sealed goods that are not suited for return for reasons of health or hygiene
This exemption applies if the seal is broken after delivery. Examples include health food products, cosmetics, underwear and bathing suits.
A seal is a special type of packaging that protects the good and serves to ensure the good has not been opened. An example is a plastic film that envelops the product.
10. Defective goods: the Purchaser’s rights and time limit to give notice
In addition to what follows from Section 10 in the Sales Conditions, the Purchaser’s rights in the event of a defect are regulated in Chapter 6 of the Consumer Purchases Act. The more detailed limits for the remedy that can be demanded for breach of contract in each individual case will depend on a specific assessment. Reference is made to the Consumer Disputes Commission’s practices (in Norwegian) for determining the elements that will be relevant for each remedy, as well as where the threshold lies.
If the Purchaser has attempted to resolve the matter with the Seller without success, and the good has been paid for with a credit card, the Purchaser may choose to make a claim directly to the creditor.
14. Conflict resolution
If an amicable resolution is not reached after mediation by the Consumer Council of Norway, the parties may request that the Consumer Council bring the dispute before the Consumer Disputes Commission. Decisions by the Consumer Disputes Commission are final one month after they are pronounced. Before the decision becomes final, the parties may bring the dispute before the district court. As a rule, the case shall be brought before the consumer’s court of domicile. [12]
ELLEMI org nr. 882140962 pratiofficial@gmail.com
0267 Oslo
Norway