Terms of sale
1. The Agreement
2. The Parties
3. Price
4. Conclusion of Agreement
5. Payment
6. Delivery
7. Risk for the Goods
8. Right of Withdrawal
9. Delay and Non-Delivery – Buyer’s Rights and Deadline for Reporting Claims
10. Defect in the Goods – Buyer’s Rights and Deadline for Complaints
11. Seller's Rights in the Event of the Buyer's Default
12. Personal Data
13. Conflict Resolution
Introduction
When you shop at theresestokkan.no, you accept the terms of sales below. Your purchase is also governed by the Contracts Act (avtaleloven), the Consumer Purchases Act (forbrukerkjøpsloven), the Marketing Act (markedsføringsloven), the Right of Cancellation Act (angrerettloven) and the E-commerce Act (ehandelsloven). These laws provide you as a consumer with inalienable rights and are available at www.lovdata.no. The following terms are an elaboration and light rewording of the Consumer Protection Authority's Standard Sales Terms for Consumer Purchases of Goods over the Internet and do not in any way limit your rights.
1. The Agreement
The agreement consists of these sales terms, information provided in the order solution, and any specially agreed terms. Should there be any conflict between the information, what is specially agreed between the parties will take precedence, as long as it does not contradict mandatory legislation.
The agreement will in addition be supplemented by relevant legal provisions that regulate the purchase of goods between businesses and consumers.
2. The Parties
The seller is Therese Stokkan, contact@theresestokkan.no, organisation no. 928096386 and is hereinafter referred to as we/us.
The buyer is the consumer who places the order, and is hereinafter referred to as you/your.
3. Price
The stated price for goods and services is the total price you shall pay. This price is in Norwegian kroner and includes all taxes and additional costs. You will not bear any additional costs that we have not informed you about prior to the purchase.
We reserve the right for typing errors and technical errors in product information, price, and images.
4. Conclusion of Agreement
The agreement is binding for both parties once you have sent your order to us.
However, the agreement is not binding if there has been a typing or input error in our offer in the order solution in the online shop or in your order, and the other party realised or should have realised that such an error was present.
5. Payment
We may demand payment for the goods from the point at which they are dispatched from us to you.
If you use a credit or debit card as payment, we may reserve the purchase amount on your card at the time of ordering. The card will be charged on the same day the goods are dispatched.
We offer Vipps, Klarna, and Shopify Payments as payment options. Through Shopify Payments, you can securely pay with debit card, credit card, Apple Pay, Google Pay, and Shop Pay.
6. Delivery
We only deliver to addresses in mainland Norway.
If the delivery time is not specified in the order solution, we shall deliver the goods to you without undue delay and no later than 30 days after the order was placed.
Products that are in stock will usually be dispatched within 1-3 working days. Products manufactured to order are usually dispatched within 1-3 weeks unless otherwise specified.
Unless otherwise agreed, the goods are sent as a Norgespakke with Posten Norge. Once the package is sent, you will receive a tracking number so you can follow the shipment. Delivery time is 2-5 working days from when the package is handed in at the post office.
If the package cannot be placed in your letterbox, it will be delivered to the nearest collection point (unless you have an agreement with Posten regarding a fixed delivery point). You will receive an SMS or email when it is ready for collection.
The consignment is considered delivered when it has been placed in the recipient’s letterbox/fixed delivery site or delivered to the recipient’s collection point.
7. Risk for the Goods
The risk for the goods passes to you when you, or your representative, have received the goods in accordance with section 6.
8. Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, you may withdraw from the purchase of the goods in accordance with the Right of Cancellation Act (angrerettloven).
If you wish to use the right of withdrawal, you must send us written notification within 14 days from the start of the withdrawal period. All calendar days are included in the period. If the deadline ends on a Saturday, holiday or public holiday, the period will be extended to the next working day.
You bear the burden of proof that the right of withdrawal has been exercised, and therefore the notice should be in writing (the easiest is to send an email, but you may also use a withdrawal form or letter).
The withdrawal period starts to run:
- From the day after the goods have been received for purchase of individual items.
- After receipt of the final delivery if the purchase consists of several deliveries.
When exercising the right of withdrawal, the goods must be packed properly, preferably in the original packaging, and sent back to us without undue delay and no later than 14 days after notification of withdrawal. You bear the direct costs of returning the goods, unless otherwise agreed. We may not impose a fee on you for exercising the right of withdrawal.
You may try or test the goods in a reasonable manner to establish the nature, characteristics, and function of the goods, without losing the right of withdrawal. If testing or trying the goods exceeds what is reasonable and necessary, you may be liable for any diminished value of the goods.
We are obliged to refund the purchase price to you without undue delay and no later than 14 days from when we received notice of your decision to withdraw. We have the right to withhold the payment until we have received the goods from you, or until you have produced evidence that the goods have been returned.
Once the goods have been received and inspected, you will be refunded the full purchase price provided the goods are in satisfactory condition.
Goods excluded from the right of withdrawal
The right of withdrawal does not apply to the supply of so-called manufactured goods. These are goods manufactured to your specifications, or which have a clear personal touch.
9. Delay and Non-Delivery – Buyer’s Rights and Deadline for Reporting Claims
If we do not deliver the goods or deliver them late in accordance with the agreement between us, and this is not due to you or circumstances on your side, you may, in accordance with the rules of Chapter 5 of the Consumer Purchases Act (forbrukerkjøpsloven), depending on the circumstances, withhold payment, demand fulfilment, cancel the agreement, and/or claim compensation from us.
For evidential reasons, notice of claims for breach of contract should be given in writing (for example by email).
Fulfilment
You may maintain the purchase and demand fulfilment from us. However, you may not demand fulfilment if there is an obstacle that we cannot overcome, or if fulfilment would result in such an inconvenience or cost to us that it would be substantially disproportionate to your interest in us fulfilling. Should the difficulties be removed within a reasonable time, you may still demand fulfilment.
You lose your right to demand fulfilment if you wait an unreasonably long time to make the claim.
Cancellation
If we do not deliver the goods at the delivery time, you must prompt us to deliver within a reasonable additional period for fulfilment. If we do not deliver the goods within this period, you may cancel the purchase.
However, you may cancel the purchase immediately if we refuse to deliver the goods. The same applies if delivery at the agreed time was decisive for entering into the agreement, or you have notified us that the delivery time is decisive.
If the goods are delivered after the additional deadline you have set or after the delivery time that was decisive for entering into the agreement, a claim for cancellation must be made within a reasonable time after you became aware of the delivery.
Compensation
You may claim compensation for losses as a result of the delay. This does not apply if we demonstrate that the delay is due to an obstacle beyond our control which could not reasonably have been foreseen at the time of the agreement, avoided, or overcome its consequences.
10. Defect Goods – Buyer’s Rights and Deadline for Complaints
In short:
If you discover a fault (defect) with the goods or something breaks during normal* use, you may of course send it in for repair or exchange for a similar item with no extra costs. Send us an email and we’ll sort it out!
*Generally means jewellery can hang freely on your body (or be stored properly) and is not exposed to chemicals such as perfume, sun cream, chlorinated water, etc. See also jewellery care for how to take care of your jewellery and give it a long life!
The details:
If a defect exists, you must notify us within a reasonable time after it was discovered or should have been discovered. You have always complained in sufficient time if it occurs within 2 months of discovery of the defect or when it should have been discovered. Complaints can be made no later than two years after you have taken delivery of the goods. If the goods or part of them are intended to last significantly longer than two years, the complaint period is five years.
If the goods are defective and this is not due to you or circumstances on your side, you may, in accordance with the rules of Chapter 6 of the Consumer Purchases Act (forbrukerkjøpsloven), depending on the circumstances, withhold payment, choose between rectification and replacement, demand a price reduction, demand the contract cancelled, and/or claim compensation from us.
Complaints to us should be made in writing.
Rectification or Replacement
You may choose to demand correction of the defect or delivery of an equivalent item. We may however reject your claims if fulfilling them is impossible or would involve unreasonable costs for us. Rectification or replacement must be carried out within a reasonable time. We do not normally have the right to make more than two attempts to fix the same defect.
Price Reduction
You may demand an appropriate price reduction if the goods are not corrected or replaced. This means that the ratio between the reduced and agreed price corresponds to the ratio between the value of the goods in defective and contractual condition. If there are special reasons, the price reduction may instead correspond to the defect's significance for you.
Cancellation
If the goods have not been corrected or replaced, you may also cancel the purchase if the defect is not insignificant.
11. Seller's Rights in the Event of the Buyer's Default
If you do not pay or fulfil other duties under the agreement or by law, and this is not due to us or circumstances on our part, we may, pursuant to Chapter 9 of the Consumer Purchases Act (forbrukerkjøpsloven), depending on the circumstances, withhold the goods, demand fulfilment of the agreement, demand the agreement cancelled, and/or claim compensation from you. Depending on the circumstances, we may also demand interest on late payment, debt collection fees, and a reasonable fee for uncollected goods.
Fulfilment
We may maintain the purchase and require you to pay the purchase price. If the goods have not been delivered, we forfeit our right if we wait an unreasonably long time before making the claim.
Cancellation
We may cancel the agreement in the event of significant payment default or other significant breach by you. However, we cannot cancel if the full purchase price has been paid. If we set a reasonable period for fulfilment and you do not pay within this period, we may cancel the purchase.
Interest for Late Payment / Debt Collection Fee
If you do not pay the purchase price according to the agreement, we may charge interest on the purchase price in accordance with the Act on Late Payment Interest (forsinkelsesrenteloven). In the event of non-payment, the claim may, after prior notice, be sent to you. You may then be liable for fees under the Debt Collection Act (inkassoloven).
Fee for Uncollected, Non-Prepaid Goods
If you fail to collect unpaid goods, we may charge you a fee. The fee shall cover, at most, our actual costs to deliver the goods to you. Such a fee cannot be charged to buyers under 18 years of age.
12. Personal Data
We are responsible for the processing of collected personal data. Unless you consent otherwise, we may, in accordance with the Personal Data Act (personopplysningsloven), only collect and store the personal data necessary to fulfil our obligations under the agreement. Your personal data will only be disclosed to others if necessary to complete the agreement with you, or in statutory cases.
13. Conflict Resolution
Complaints should be addressed to us within a reasonable time, see sections 9 and 10. The parties should try to resolve any disputes amicably. If this does not succeed, you may contact the Consumer Council (Forbrukerrådet) for mediation. The Consumer Council is available on telephone 23 400 500 or www.forbrukerradet.no.
