Sales conditions
Introduction
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. Defects in the goods - buyer's rights and deadline for complaints
11. The 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 sales conditions below. Your purchase is also regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Cancellation Act and the E-commerce Act. These laws give you as a consumer inalienable rights and are available at www.lovdata.no. The following conditions are an elaboration and light rewriting of the Norwegian Consumer Protection Authority's Standard sales conditions for consumer purchases of goods over the Internet and do not limit your rights in any way.
1. The Agreement
The agreement consists of these terms and conditions of sale, information provided in the ordering solution and any separately agreed terms. In the event of any conflict between the information, what is separately agreed between the parties takes precedence, as long as it does not conflict with mandatory legislation.
The agreement will also be supplemented by relevant legal provisions that regulate the purchase of goods between traders and consumers.
2. The parties
The seller is Therese Stokkan, Jan Steneruds vei 14, 1900 Fetsund, contact @theresestokkan.no , tel. 99749438, organization no. 928096386 and hereafter referred to as we/us.
Buyer is the consumer who makes the order, and is referred to hereafter as you/you.
3. Price
The stated price for the goods and services is the total price you must pay. This price is in Norwegian kroner and includes all taxes and additional costs. You shall not bear any additional costs that we have not informed you about before the purchase.
We reserve the right that typing errors and technical errors in product information, price and images may occur.
4. Conclusion of agreement
The agreement is binding for both parties once you have sent your order to us.
The agreement is nevertheless not binding if there has been a writing or typing error in the offer from us in the ordering solution in the online store or in your order, and the other party realized or should have realized that there was such an error.
5. Payment
We can demand payment for the item from the time it is sent from us to you.
If you use a credit or debit card for payment, we can reserve the purchase price on the card when ordering. The card is charged on the same day the item is sent.
We offer Stripe and PayPal as payment solutions. Through Stripe you can pay securely with debit card , credit card or Apple Pay . With PayPal, you can log into your account and choose your preferred payment method from there. If you don't already have an account, you can create one.
6. Delivery
At the moment we only ship to addresses in Norway.
If the delivery time is not stated in the order solution, we shall deliver the item to you without undue delay and no later than 30 days after the order.
Products that are in stock will normally be sent within 1-3 working days. Products made to order are normally sent within 2 weeks unless otherwise specified. Changed delivery times due to holidays, illness, etc. will be announced on the website.
Unless otherwise agreed, the item is sent as Norgespakke with Posten Norge. Once the package has been sent, you will receive a tracking number so you can follow the shipment. The delivery time is 2-5 working days from the package being delivered to the post office.
If the package cannot be placed in the letterbox, it will be delivered to the nearest collection point (unless you have an agreement with Posten about a fixed delivery point). You will receive an SMS or email when it is ready for collection.
The shipment is considered delivered when it has been placed in the recipient's mailbox/fixed delivery location 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 had the goods delivered in accordance with point 6.
8. Right of withdrawal
Unless the agreement is exempt from the right of withdrawal, you can cancel the purchase of the item in accordance with the Right of Cancellation Act.
If you want to make use of the right of withdrawal, you must send us written notice within 14 days of the deadline starting to run. The deadline includes all calendar days. If the deadline ends on a Saturday, holiday or bank holiday, the deadline is extended to the nearest working day.
You have the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be made in writing (the easiest is to send an e-mail , but you can also use a withdrawal form or letter).
The cancellation period starts to run:
- From the day after the item(s) have been received when purchasing individual items.
- After the last delivery has been received if the purchase consists of several deliveries.
When exercising the right of withdrawal, the item must be properly packed, preferably in the original packaging, and sent back to us without undue delay and no later than 14 days from the notification of exercise of the right of withdrawal being given. You cover the direct costs of returning the item, unless otherwise agreed. We cannot set a fee for your use of the right of withdrawal.
You can try or test the item in a proper way to determine the nature, properties and function of the item, without losing the right to cancel. If the testing or testing of the product goes beyond what is reasonable and necessary, you may be held responsible for any reduced value of the product.
We are obliged to refund the purchase price to you without undue delay, and no later than 14 days from when we received notification of your decision to exercise the right of withdrawal. We have the right to withhold payment until we have received the goods from you, or until you have provided documentation that the goods have been sent back.
When the item has been received and inspected, you will be refunded the full purchase price provided the item is in satisfactory condition.
Goods excluding the right of withdrawal
The right of withdrawal does not apply to the delivery of so-called manufactured goods. These are goods that have been manufactured to your specifications, or that have been given a distinct personal touch.
9. Delay and non-delivery - buyer's rights and deadline for reporting claims
If we do not deliver the item or deliver it late in accordance with the agreement between us, and this is not due to you or circumstances on your part, you can, in accordance with the rules in Chapter 5 of the Consumer Purchase Act, depending on the circumstances, withhold the purchase price , demand fulfillment , terminate the agreement and /or claim compensation from us.
In the event of a claim for non-compliance, the notification should be in writing (for example by e-mail) for reasons of evidence.
Fulfillment
You can maintain the purchase and demand fulfillment from us. You cannot, however, demand fulfillment if there is an obstacle that we cannot overcome, or if fulfillment will entail such a great inconvenience or cost to us that it is significantly out of proportion to your interest in us fulfilling. Should the difficulties disappear within a reasonable time, you can still demand fulfillment.
You lose your right to demand fulfillment if you wait an unreasonably long time to make the claim.
Elevation
If we do not deliver the goods at the time of delivery, you must encourage us to deliver within a reasonable additional deadline for fulfillment. If we do not deliver the item within the additional deadline, you can cancel the purchase.
However, you can cancel the purchase immediately if we refuse to deliver the item. The same applies if delivery at the agreed time was decisive for the conclusion of the agreement, or if you have informed us that the time of delivery is decisive.
If the goods are delivered after the additional deadline you have set or after the time of delivery which was decisive for the conclusion of the agreement, a claim for cancellation must be made within a reasonable time after you became aware of the delivery.
Replacement
You can claim compensation for a small loss as a result of the delay. However, this does not apply if we make good that the delay is due to an obstacle beyond our 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 - buyer's rights and deadline for complaints
Briefly summarized:
If you discover an error (deficiency) with the item or something breaks during normal* use, you can of course send it in for repair or exchange for a similar item at no extra cost. Send us an email and we'll find out!
*Generally means that the jewelery is allowed to hang in peace on your body (or stored properly) and is not exposed to chemicals such as perfume, sunscreen, chlorine water, etc. See also maintenance of jewelery for how you can take care of your jewelery and give it a long life!
The details:
If there is a defect in the product, you must notify us of the defect within a reasonable time after it was discovered or should have been discovered. You have always complained in sufficient time if it happens within 2 months of the defect being discovered or should have been discovered. Complaints can be made no later than two years after you took over the item. If the product or parts of it are intended to last significantly longer than two years, the complaint deadline is five years.
If the item has a defect and this is not due to you or circumstances on your part, you can, in accordance with the rules of the Consumer Purchase Act, chapter 6, depending on the circumstances, withhold the purchase price , choose between rectification and redelivery , demand a price reduction , demand the contract terminated and/or demand compensation from us.
Complaints to us should be made in writing.
Correction or redelivery
You can choose between demanding that the defect be rectified or delivery of an equivalent item. We can nevertheless object to your claims if the implementation of the claim is impossible or causes us unreasonable costs. Correction or redelivery must be made within a reasonable time. In principle, we do not have the right to make more than two remedial attempts for the same defect.
Price reduction
You can claim an appropriate price reduction if the item is not corrected or re-delivered. This means that the ratio between the reduced and agreed price corresponds to the ratio between the item's value in defective and contractual condition. If there are special reasons for this, the discount can instead be set equal to the significance of the defect for you.
Elevation
If the item has not been corrected or re-delivered, you can also cancel the purchase if the defect is not insignificant.
11. The seller's rights in the event of the buyer's default
If you do not pay or fulfill the other obligations according to the agreement or the law, and this is not due to us or circumstances on our side, in accordance with the rules in the Consumer Purchase Act, Chapter 9, we can, depending on the circumstances, withhold the goods , demand fulfillment of the agreement, demand the agreement terminated as well as demand compensation from you. Depending on the circumstances, we will also be able to charge interest for late payment, debt collection fees and a reasonable fee for undelivered goods .
Fulfillment
We can maintain the purchase and demand that you pay the purchase price. If the item has not been delivered, we lose our right if we wait an unreasonably long time to make the claim.
Elevation
We can terminate the agreement if there is a significant payment default or other significant default on your part. However, we cannot withdraw if the entire purchase price has been paid. If we set a reasonable additional deadline for fulfillment and you do not pay within this deadline, we can cancel the purchase.
Interest in case of late payment/collection fee
If you do not pay the purchase price in accordance with the agreement, we can charge interest on the purchase price in accordance with the Late Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to you. You can then be held liable for fees according to the Debt Collection Act.
Fee for uncollected, non-prepaid goods
If you fail to collect unpaid goods, we may charge you a fee. The fee shall at most cover our actual expenses for delivering the goods to you. Such a fee cannot be charged to buyers under the age of 18.
12. Personal data
We are responsible for the processing of collected personal data. Unless you agree to something else, we can, in line with the Personal Data Act, only collect and store the personal data that is necessary for us to be able to carry out our obligations under the agreement. Your personal data will only be disclosed to others if it is necessary for us to carry out the agreement with you, or in statutory cases.
13. Conflict resolution
Complaints must be addressed to us within a reasonable time, cf. points 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is not successful, you can contact the Consumer Council for mediation. The Consumer Council is available on phone 23 400 500 or www.forbrukerradet.no .
