This purchase is governed by the following standard terms and conditions of sale for consumer purchases of goods over the Internet. Consumer purchases over the Internet are mainly regulated by the Contract Act, the Consumer Purchase Act, the Marketing Act, the Cancellation Act and the E-Commerce Act, and these laws give the consumer mandatory rights. The laws are available at www.lovdata.no. The terms of this agreement shall not be understood as any limitation of the statutory rights, but set out the parties' main rights and obligations for the trade.
The terms and conditions of sale have been prepared and recommended by the Consumer Authority. For a better understanding of these terms and conditions of sale, see the Consumer Authority's guide here.
The agreement consists of these terms and conditions of sale, the information provided in the ordering solution and any separately agreed terms and conditions. In the event of any contradiction between the information, what has been specifically agreed between the parties takes precedence, unless it is contrary to mandatory legislation.
In addition, the agreement will be complemented by relevant legal provisions regulating the purchase of goods between traders and consumers.
The seller is Alpakkagården Østre Kjærnes Gård, Org.Nr 931 032 100, Østre Kjærnesvei 4-6, 1591 Sperrebotn, post@alpakkagaarden.no, telephone (+47) 932 04 001, and is hereinafter referred to as the seller/seller.
The buyer is the consumer who places the order and is hereinafter referred to as the buyer/buyer.
The price quoted for the goods and services is the total price to be paid by the buyer. This price includes all taxes and additional costs. Additional costs that the seller has not informed before the purchase shall not be borne by the buyer.
The contract is binding on both parties once the buyer has sent his order to the seller.
However, the contract is not binding if there has been a clerical or typing error in the offer made by the seller in the ordering solution in the online shop or in the buyer's order, and the other party realised or should have realised that there was such an error.
The seller can claim payment for the goods from the time they are dispatched from the seller to the buyer.
If the buyer uses a credit or debit card for payment, the seller can reserve the purchase price on the card when ordering. The card will be charged on the day the goods are dispatched.
Delivery is deemed to have taken place when the buyer, or his representative, has taken possession of the goods.
If the time of delivery is not stated in the ordering solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the order from the customer. The goods shall be delivered at the buyer's premises unless otherwise specifically agreed between the parties.
The risk in the goods passes to the buyer when he, or his representative, has taken delivery of the goods in accordance with clause 6.
Unless the agreement is exempt from the right of withdrawal, the buyer can cancel the purchase of the goods in accordance with the Cancellation Act.
The buyer must notify the seller of the use of the right of withdrawal within 14 days from the start of the period. The period includes all calendar days. If the period ends on a Saturday, public holiday or holiday, the period is extended to the next working day.
The withdrawal period is deemed 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 deadline for appeal starts to run:
The cooling-off period is extended to 12 months after the expiry of the original deadline if the seller does not inform the buyer of the existence of the right of withdrawal and the standardised withdrawal form before the conclusion of the contract. The same applies if the conditions, time limits and procedures for exercising the right of withdrawal are not provided. However, if the trader provides the information within 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 from the notification of the use of the right of withdrawal. The buyer covers the direct costs of returning the goods, unless otherwise agreed or the seller has failed to state that the buyer should 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 ceasing to apply. 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 refund 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 has the right to withhold payment until he has received the goods from the buyer, or until the buyer has provided documentation that the goods have been returned.
If the seller does not deliver the goods or delivers them 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, according to the rules in Chapter 5 of the Consumer Sales Act, withhold the purchase price, demandperformance, terminate the agreement and/or claim compensation from the seller, depending on the circumstances.
In case of a claim for default remedies, the notification should be in writing (e.g. e-mail) for evidential purposes.
The buyer may maintain the purchase and claim performance from the seller. However, the buyer may not demand performance if there is an obstacle which the seller cannot overcome, or if performance would cause such great inconvenience or expense to the seller that it is substantially disproportionate to the buyer's interest in the seller's performance. Should the difficulties disappear within a reasonable time, the buyer may nevertheless require performance.
The buyer loses his or her right to claim performance if he or she waits unreasonably long to make the claim.
If the seller fails to deliver the goods at the time of delivery, the buyer shall request the seller to deliver within a reasonable additional period for performance. If the seller does not deliver the goods within the additional period, 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 contract, or if the buyer has informed the seller that the time of delivery is decisive.
If the goods are delivered after the additional time limit set by the consumer or after the time of delivery that was decisive for the conclusion of the contract, a claim for rescission must be brought within a reasonable time after the buyer became aware of the delivery.
The buyer may claim damages for any loss suffered as a result of the delay. However, this shall not apply if the seller proves that the delay is due to an obstacle beyond the seller's control, the consequences of which could not reasonably have been taken into account at the time of the contract, avoided or overcome.
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 period 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 Purchase 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.
The buyer may choose between requiring the defect to be remedied or the 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 shall be made within a reasonable time. The seller is in principle not entitled to make more than two attempts to remedy the same defect.
The buyer can claim an appropriate 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 goods in their defective and contractual condition. If there are special reasons, the price reduction may instead be set equal to the importance of the defect for the buyer.
If the goods have not been corrected or replaced, the buyer can also cancel the contract if the defect is not minor.
If the buyer does not pay or fulfil 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 in Chapter 9 of the Consumer Purchases Act, according to the circumstances, withhold the goods, demand performance of the agreement, demand termination of the agreement and claim compensation from the buyer. The seller may also, depending on the circumstances, 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 seller loses his right if he waits unreasonably long to make the claim.
The seller may terminate the contract if there is a material default of payment or other material breach by the buyer. However, the seller may not cancel if the full purchase price has been paid. If the seller sets a reasonable additional deadline for performance and the buyer does not pay within this deadline, the seller may cancel the purchase.
If the Buyer does not pay the purchase price in accordance with the agreement, the Seller may charge interest on the purchase price in accordance with the Late Payment Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to the Buyer may then be held liable for fees under the Debt Collection Act.
If the buyer fails to collect unpaid goods, the seller can charge the buyer a fee. The fee should cover a maximum of the seller's actual expenses in delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age.
A guarantee given by the seller or the producer gives the buyer rights in addition to those the buyer already has under mandatory law. Thus, a guarantee does not limit the buyer's rights to complaints and claims for delay or defects under Clauses 9 and 10.
The controller of the personal data collected is the seller. Unless the buyer agrees 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 perform the 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.
Complaints shall be addressed to the seller within a reasonable time, cf. sections 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 telephone on 23 400 500 or www.forbrukerradet.no.
