Terms of purchase

Based on standard terms and conditions of sale from the Norwegian Consumer Authority

When you shop at farfarklokker.no, the purchase is governed by the sales conditions for consumer purchases of goods over the internet stated below. Consumer purchases over the internet are mainly regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Withdrawal Act, and the E-commerce Act. These laws provide you as a consumer with non-waivable rights. The laws are available at lovdata.no.

It is specified that the terms in this agreement shall not be understood as a limitation of statutory rights, but rather establish the parties', in this case farfarklokker.no and you as the customer, main rights and obligations for the transaction.

The primary basis for these terms and conditions of sale has been prepared and recommended by the Norwegian Consumer Authority. See forbrukertilsynet.no for more information.

Table of Contents

1. The Agreement
2. The Parties
3. Price
4. Formation of Contract
5. Payment
6. Delivery
7. Risk for the Product
8. Right of Withdrawal
9. Delay and Non-delivery
1. Buyer's Rights and Deadline for Claims
10. Defects in the Product – Buyer's Rights and Complaint Deadline
11. Seller's Rights in Case of Buyer's Breach
12. Warranty
13. Personal Data
14. Dispute Resolution

1 THE AGREEMENT

The agreement consists of these terms of sale, information provided in the payment solution and any separately agreed terms. In case of any conflict between the information, what has been specifically agreed between the parties takes precedence, unless it conflicts with mandatory legislation.

The agreement will also be supplemented by relevant statutory provisions regulating the purchase of goods between businesses and consumers. In this case, Far-Far AS, and you as a customer of farfarklokker.no.

2 THE PARTIES

The seller is Far-Far AS, Eddaveien 28C, 0772 Oslo, far@farfarklokker.no, organization no. 931407244, and is hereinafter referred to as the seller.

The buyer is the consumer who places the order on farfarklokker.no, and is hereinafter referred to as the buyer.

3 PRICE

The stated price for the product and services is the total price the buyer shall pay. This price includes all fees and additional costs. The buyer shall not be responsible for any additional costs that the seller has not informed about before the purchase.

4 FORMATION OF CONTRACT

The agreement is binding for both parties when the buyer has sent their order to the seller.

The agreement is nevertheless not binding if there have been writing or typographical errors in the seller's offer, in the online store's ordering solution, or in 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 item from the time it is sent from 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 upon ordering. The card will be charged on the same day the item is shipped.

When paying by invoice, the invoice to the buyer will be issued upon shipment of the item. 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 with a subsequent invoice.

6 DELIVERY

Delivery has occurred when the buyer, or their representative, has taken possession of the item/goods.

Unless a delivery offer is evident from the ordering solution, the seller shall deliver the item to the buyer without undue delay and no later than 30 days after the customer's order. The item shall be delivered to the buyer unless otherwise specifically agreed upon between the parties.

7 RISK FOR THE PRODUCT

The risk for the goods transfers to the buyer when they, or their representative, have received the goods in accordance with point 6.

8 RIGHT OF WITHDRAWAL

Unless the agreement is exempt from the right of withdrawal, the buyer may cancel the purchase of the item in accordance with the Right of Withdrawal Act. At the Consumer Council, you can find more information about the right of withdrawal and the Right of Withdrawal Act; read more here: https://www.forbrukerradet.no/forside/angrer-du-pa-et-kjop/

The buyer must notify the seller of the use of the right of withdrawal within 14 days from when the deadline begins. All calendar days are included in the deadline. If the deadline ends on a Saturday, public holiday, or national holiday, the deadline is extended to the nearest working day.

The right of withdrawal deadline is considered met if notification is sent before the deadline expires. The buyer bears the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be in writing (right of withdrawal form, email, or letter).

The withdrawal period begins to run:

For the purchase of single items, the withdrawal period will run from the day after the item(s) are received.

If the purchase consists of multiple deliveries, the withdrawal period will run from the day after the last delivery is received.

The right of withdrawal period is extended to 12 months after the expiration of the original period if the seller does not, before the agreement is entered into, inform of the existence of the right of withdrawal and provide a standardized withdrawal form. The same applies to a lack of information about terms, deadlines, and procedures for exercising the right of withdrawal. If the trader provides the information within these 12 months, the right of withdrawal period still expires 14 days after the day the buyer received the information.

When exercising the right of withdrawal, the item 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 item, unless otherwise agreed or the seller has failed to inform that the buyer must cover the return costs. The seller cannot charge a fee for the buyer's exercise of the right of withdrawal.

The buyer may test or try the item in a proper manner to determine its nature, characteristics, and function, without losing the right of withdrawal. If testing or trying the item goes beyond what is proper and necessary, the buyer may be liable for any reduced value of the item.

The seller is obliged to refund the purchase price to the buyer without undue delay, and no later than 14 days from when the seller received notification of the buyer's decision to exercise the right of withdrawal. The seller has the right to withhold payment received from the buyer until the buyer has provided documentation that the item(s) have been returned.

9 DELAY AND NON-DELIVERY – BUYER'S RIGHTS AND DEADLINE FOR CLAIMS

If the seller does not deliver the item(s) or delivers it/them too late according to the agreement between the parties, and this is not due to the buyer or circumstances on the buyer's side, the buyer may, in accordance with the rules in Chapter 5 of the Consumer Purchases Act, depending on the circumstances, withhold the purchase price, demand fulfillment, cancel the agreement, and/or claim compensation from the seller.

When claiming breach of contract, the notification should be in writing for evidentiary purposes (e.g., email).

Fulfillment

The buyer can uphold the purchase and demand fulfillment from the seller. However, the buyer cannot demand fulfillment if there is an impediment that the seller cannot overcome, or if fulfillment would entail such great inconvenience or cost for the seller that it is disproportionate to the buyer's interest in the seller fulfilling. Should the difficulties cease within a reasonable time, the buyer can still demand fulfillment. The buyer loses their right to demand fulfillment if they wait an unreasonably long time to make the claim.

Cancellation

If the seller does not deliver the item at the time of delivery, the buyer shall urge the seller to deliver within a reasonable additional deadline for fulfillment. If the seller does not deliver the item 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 item. The same applies if delivery at the agreed time was crucial for entering into the agreement, or if the buyer has informed the seller that the delivery time is crucial.

If the item/goods are delivered after the additional deadline set by the consumer or after the delivery time that was crucial for entering into the agreement, a claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.

Compensation

The buyer may claim compensation for suffered loss as a result of the delay. However, this does not apply if the seller proves that the delay is due to an impediment beyond the seller's control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome.

10 DEFECT IN THE PRODUCT – BUYER'S RIGHTS AND COMPLAINT DEADLINE

If there is a defect in the item, the buyer must, within a reasonable time after it was discovered or should have been discovered, notify the seller that they will claim the defect. The buyer has always complained in time if it happens within 2 months from when the defect was discovered or should have been discovered. Complaints can be made no later than two years after the buyer took possession of the item. If the item 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 the buyer or circumstances on the buyer's side, the buyer may, in accordance with the rules in Chapter 6 of the Consumer Purchases Act, depending on the circumstances, withhold the purchase price, choose rectification and redelivery, demand a price reduction, demand the agreement cancelled, and/or claim compensation from the seller.

Complaints to the seller should be made in writing.

Rectification or Redelivery

The buyer can choose between demanding the defect rectified or the delivery of a similar item. However, the seller can refuse the buyer's claim if fulfilling the claim is impossible or causes the seller unreasonable costs. Rectification or redelivery shall be carried out within a reasonable time. The seller is generally not entitled to attempt more than two remedies for the same defect.

Price Reduction

The buyer may claim a suitable price reduction if the item is not rectified or redelivered. This implies that the ratio between the reduced and agreed price corresponds to the ratio between the item's value in a defective contractual condition. If special reasons warrant it, the price reduction can instead be set equal to the significance of the defect for the buyer.

Cancellation

If the item is not rectified or redelivered, the buyer may also cancel the purchase when the defect is not insignificant.

11 SELLER'S RIGHTS IN CASE OF BUYER'S BREACH

If the buyer fails to pay, or fails to fulfill other obligations under the agreement or law, and this is not due to the seller or circumstances on the seller's side, the seller may, in accordance with the rules in Chapter 9 of the Consumer Purchases Act, depending on the circumstances, withhold the item, demand fulfillment of the agreement, demand the agreement cancelled, and claim compensation from the buyer. The seller may also, depending on the circumstances, claim interest for delayed payment, collection fees, and a reasonable fee for uncollected items.

Fulfillment

The seller can uphold the purchase and demand that the buyer pays the purchase price. If the item has not been delivered, the seller loses their right if they wait an unreasonably long time to make the claim.

Cancellation

The seller can cancel the agreement if there is a significant payment default or other significant breach 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 can cancel the purchase.

Interest for Delayed Payment/Collection Fees

If the buyer does not pay the purchase price according to the agreement, the seller can claim interest on the purchase price in accordance with the Interest on Overdue Payments Act. In case of non-payment, the claim can, after prior notice, be sent for collection. The buyer may then be held liable for fees under the Collection Act.

Fee for Uncollected Non-Prepaid Items

If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee shall at most cover the seller's actual expenses for delivering the item to the buyer. Such a fee cannot be charged to buyers under 18 years of age.

12 WARRANTY

A warranty given by the seller or manufacturer grants the buyer rights in addition to those the buyer already has under mandatory legislation. A warranty thus implies no limitations on the buyer's right to complain and claim for delay or defects under points 9 and 10.

13 PERSONAL DATA

The data controller for collected personal data is the seller. Unless the buyer consents to something else, the seller may, in accordance with the Personal Data Act, only collect and store the personal data necessary for the seller to be able to fulfill its obligations under the agreement. The buyer's personal data will only be disclosed to others if it is necessary for the seller to fulfill the agreement with the buyer, or in cases required by law.

14 DISPUTE RESOLUTION

Complaints should be directed 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 Consumer Council for mediation.

Contact information

If you have questions regarding our terms of sale, please contact us at far@farfarklokker.no.