Norsk
Handlekurv
Handlekurven er tom, men det trenger den ikke å være
Handlekurven er tom, men det trenger den ikke å være
1. The Agreement
2. The parties
3. Prices
4. The conclusion of the agreement
5. Order confirmation
6. Payment
7. Delivery etc.
8. The risk of the goods
9. Right of withdrawal
10. Duty to investigate
11. Complaints in the event of defects and deadline for reporting claims in the event of delay
12. Buyer's rights in the event of delay
13. Buyer's rights in the event of defects
14. Seller's rights in the event of buyer's default
15. Warranty
16. Personal data
17. Conflict resolution
This purchase is governed by the following standard terms and conditions of sale for consumer purchases of
goods over the Internet. Consumer purchases here mean the sale of goods to consumers who are not
primarily acts as part of a commercial activity, and when the seller acts in
business activity with the sale of goods over the internet. The contract has been prepared and recommended
used by the Consumer Ombudsman.
Consumer purchases over the Internet are mainly regulated by the Contracts Act, the Consumer Purchases Act,
the Marketing Act, the Right of Withdrawal Act and the E-Commerce Act, and these laws give consumers
inalienable rights. The terms of the contract shall not be construed as any limitation on the
statutory rights, but sets out the parties' most important rights and obligations for
The seller may choose to offer the buyer better terms than those stated in these
the terms of sale.
In cases where the contract does not directly provide the solution to a problem, the contract must
be supplemented by relevant legal provisions.
The agreement between the buyer and the seller consists of the information the seller provides about the purchase in
the ordering solution in the online store (including, among other things, information about the nature of the product,
quantity, quality, other characteristics, price and delivery terms), any direct
correspondence between the parties (for example, e-mail) as well as these terms of sale.
In the event of a conflict between the information the seller has provided about the purchase in the ordering solution in
the online store, direct correspondence between the parties and the terms of the terms of sale,
direct correspondence between the parties and the information provided in the booking solution above
the terms of sale, unless it conflicts with binding legislation.
Seller: Polarbad Norge AS
Company name: Polarbad Norge ASs
Contact address: billiingstadsletta 17, 1396 Billingstad
Email: [email protected]
Telephone number: 66 85 02 41
Organization number: 828590952
Buyer is the person who places the order.
The prices stated in the online store include VAT.
Information about the total costs to be paid by the buyer, including all taxes
(value added tax, customs, etc.) and delivery costs (shipping, postage, invoice fees,
packaging, etc.) as well as specification of the individual elements in the total price, are given in
the ordering solution before ordering is made. (Deliveries to Svalbard or Jan Mayen must
sold without the addition of VAT.1)
The agreement is binding on both parties when the buyer's order is received by the seller.
However, a party is not bound by the agreement if there have been typing or typing errors in
the offer from the seller in the ordering solution in the online store or in the buyer's order, and the
the other party realized or should have realized that such an error existed.
Once the seller has received the buyer's order, the seller shall, without undue delay, confirm
the order by sending an order confirmation to the buyer.
It is recommended that the buyer checks that the order confirmation matches the
the order with regard to quantity, type of item, price, etc. Is there a discrepancy between the order
and the order confirmation, the buyer should contact the seller as soon as possible.
The seller may demand payment for the goods from the time they are shipped from the seller to
the buyer.
If the buyer uses a credit card2 or debit card3 when paying, the seller can reserve
the purchase price on the card at the time of ordering for up to 4 days from the order.4
1 See Act of 19 June 1969 No. 66 on Value Added Tax Section 16.
2 A credit card is a payment card where the payment for the purchase is made afterwards by the creditor
(the credit card company) sends the cardholder an invoice demanding payment.
3 A debit card is a payment card linked to a deposit account. Using the card means that the user's account is debited.
debited and the amount is transferred to the payee's account.
3
When paying by credit card, the Act on Credit Purchases etc. will apply.5
If the seller offers post-invoicing, the invoice to the buyer shall be issued upon shipment of
The due date shall be set at a minimum of 14 days from the buyer receiving the shipment.
Does the seller have a specific need to demand advance payment from the buyer, for example when
manufacturing purchase, the seller may claim this.
Buyers under the age of 18 can only pay directly upon delivery of the goods by the seller or by
delivery of the goods by cash on delivery.6
Delivery of the goods from the seller to the buyer takes place in the manner, at the place and at the time
which is specified in the ordering solution in the online store.
If the delivery time is not stated in the order solution, the seller must deliver the goods to
buyer within a reasonable time and no later than 30 days after the order from the customer. Should the seller ensure
for the goods to be sent to the buyer, he is obliged to have the goods transported to the destination on
suitable manner and under the usual conditions for such transport. The place of destination is at the buyer's
unless otherwise specifically agreed between the parties.
The risk for the goods passes to the buyer when the thing is taken over by the buyer in accordance with
agreement. If the delivery time has arrived and the buyer fails to take over a product that has been delivered
at his or her disposal under the agreement, the buyer still bears the risk of loss or damage that
due to the characteristics of the product itself.
The buyer may cancel the purchase of the goods in accordance with the provisions of the Right of Cancellation Act7. Right of cancellation
means that the buyer can return the item to the seller without reason even if there is no
defect in it and even if it has not been delivered.
The buyer must notify the seller of the exercise of the right of withdrawal within 14 days after the goods, the
prescribed information about the right of withdrawal and the withdrawal form have been received. The buyer receives
withdrawal form and the necessary information at a later time than upon delivery of
the goods, the withdrawal period begins to run from the day the buyer receives the withdrawal form and
If the buyer has not received sufficient information or a withdrawal form, the
the withdrawal period nevertheless expires 3 months after the goods have been received. If the buyer has not received
information about the right of withdrawal at all, the deadline will be 1 year.
The notification from the buyer to the seller about exercising the right of withdrawal should be in writing for evidentiary purposes.
(withdrawal form, email, fax or letter), and it must contain information about
how the buyer will return the item to the seller.
4 Cf. model agreement prepared by the joint contract committee for the Savings Bank Association and the Financial Services Industry
main organization – Terms and conditions for credit cards and billing cards – consumer relations section 12 and model terms
prepared by the Norwegian Savings Bank Association and the Norwegian Financial Services Association for payment cards, item 11.
5 Act of 21 June 1985 No. 82 on credit purchases etc.
6 Persons under the age of 18 can only pay in the aforementioned ways as they cannot incur debt, cf. the law of 22 April.
1927 on guardianship of minors (vgml.) Section 2.
7 Act of 21 December 2000 No. 105 on the duty to provide information and the right of withdrawal, etc. in distance selling and sales outside fixed premises
point of sale (right of withdrawal act).
4
When exercising the right of withdrawal, the item must be returned to the seller within a reasonable time. The seller is
obliged to refund the full purchase price to the buyer within 14 days from the date
the seller receives the goods or a collection slip or the goods are placed at the seller's disposal. The seller
cannot set fees for the buyer's use of the right of withdrawal, but the seller may require that
The buyer must pay the costs of return shipping.
The buyer can examine the product before he or she regrets the purchase. However, the item must
could be returned to the seller in approximately the same condition and quantity as it was then
the buyer received it. The buyer should return the item to the seller in the original packaging if
This is possible.
The buyer cannot regret the purchase of goods that deteriorate quickly, goods that by their nature cannot be
can be returned, or on audio and video recordings (including CDs, DVDs) or
computer programs where the seal has been broken. The latter exception applies only
if the seller has clearly and distinctly stated the conditions for lapse of the right of withdrawal on
the seal.
When the buyer receives the goods, it is recommended that he or she reasonably examines
whether it is in accordance with the order, whether it has been damaged during transport or whether
it otherwise has shortcomings.
If the item does not match the order or has defects, the buyer must notify the
the seller in the event of a complaint, cf. clause 11 of the contract.
If there is a defect in the goods, the buyer must within a reasonable time after he or she
If she discovers it, notify the seller that he or she will claim the defect.
The period may never be shorter than two months from the time the consumer discovered
The defect. However, the complaint must be made no later than two years after the buyer took over the goods. If
If the product or parts of it are intended to last significantly longer, the warranty period is five years.
In the event of delay, claims must be made to the seller within a reasonable time after the delivery date has arrived and
the item has not been delivered.
If the item was paid for by credit card, the buyer can also choose to complain and submit a claim.
directly to the credit provider (the credit card company).8
The notification to the seller or credit provider should be in writing (email, fax or letter).
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 side, the buyer may in
in accordance with the rules in Chapter 5 of the Consumer Purchase Act, depending on the circumstances, keep
the purchase price back, demand fulfillment, terminate the agreement and claim compensation from the seller.
Fulfillment: If the seller does not deliver the goods at the time of delivery, the buyer can
maintain the purchase and set a reasonable additional deadline for fulfillment by the seller. The buyer
cannot, however, demand performance if there is an obstacle that the seller cannot
can overcome or if compliance would entail such a great inconvenience or cost to
8 Act of 21 June 1985 No. 82 on credit purchases etc. Section 8.
5
the seller that it is materially disproportionate to the buyer's interest for the seller to
fulfills. If the difficulties disappear within a reasonable time, the consumer may demand fulfillment.
Cancellation: The buyer can cancel the agreement with the seller if the delay is significant.
or if the seller does not deliver the goods within the additional period of performance that
the buyer has set. The buyer cannot, however, cancel the agreement while the additional period is running.
runs, unless the seller has said that he or she will not fulfill within the deadline.
Compensation: The buyer may further claim compensation for losses he or she suffers as a result
of the delay on the part of the seller, cf. Section 24 of the Consumer Purchase Act.
The buyer must notify the seller of any claims in the event of a complaint, cf. clause 11 of this contract.
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 of the Consumer Purchase Act, Chapter 6, depending on the circumstances
withhold the purchase price, choose between correction and replacement, demand a price reduction, demand
the agreement is terminated and compensation from the seller.
Correction or replacement: If the item has a defect, the buyer may demand that
the seller corrects the defect or replaces the product with a similar one. The seller may object
the buyer's claim if the implementation of the claim is impossible or causes the seller
unreasonable costs.
The seller shall make the correction or replacement within a reasonable time. Correction or
redelivery shall be made at no cost to the buyer, without risk that the buyer will not receive
covered its expenses and without significant inconvenience to the buyer. The seller cannot make
more than two attempts at correction or replacement for the same defect, unless
there are special reasons that make further testing reasonable.
Even if the buyer does not demand either rectification or redelivery, the seller may offer rectification
or redelivery if this occurs without delay. If the seller provides for such
correction or redelivery, the buyer cannot demand a price reduction or cancellation.
Price reduction: If the defect is not corrected or replaced, the buyer may demand
proportional price reduction.
Cancellation: Instead of a price reduction, the buyer may cancel the agreement, except when the defect is
immaterial.
Compensation: The buyer can also claim compensation for financial loss he or she suffers
as a result of the product having a defect, cf. Section 33 of the Consumer Purchase Act.
The buyer must notify the seller of any claims in the event of a complaint, cf. clause 11 of this contract.
The rules on complaints apply in addition to, and independently of, the rules on the right of withdrawal and
any warranties provided by the seller.
If the buyer does not pay or fulfill the other obligations under the agreement, and this is not
is due to the seller or circumstances on the seller's side, the seller may, in accordance with the rules in
Consumer Purchase Act Chapter 9 Depending on the circumstances, withhold the goods, demand fulfillment
of the agreement, demand the agreement be terminated and compensation from the buyer. The seller may also, after
6
circumstances could require interest on late payment, collection fees and fees for non-advance payments
unclaimed goods.
Fulfillment: If the buyer does not pay, the seller can maintain the purchase and demand that
the buyer pays the purchase price (fulfillment). If the item is not delivered, the seller loses his
right if he waits an unreasonable amount of time to file the claim.
Cancellation: In the event of material payment default or other material breach by the buyer,
the seller can cancel the agreement. However, the seller cannot cancel after the purchase price has been
paid.
The seller may also cancel the purchase if the buyer does not pay within a reasonable period.
additional deadline for performance that the seller has set. The seller may not, however, withdraw
while the additional period is running, unless the buyer has said that he or she does not want
pay.
Compensation: The seller may claim compensation from the buyer for financial loss he or
she suffers as a result of a breach of contract by the buyer, cf. the Consumer Purchase Act §
46.
Interest on late payment/debt collection fees: If the buyer does not pay
the purchase price in accordance with the agreement, the seller may claim interest on the purchase price after
Act on Interest on Late Payment.9 In the event of non-payment, the claim may, according to
prior notice, be sent to debt collection, and the buyer may then be held liable for
fees under the Act on Debt Collection and Other Collection of Overdue Monetary Claims.10
Fee for uncollected, non-prepaid goods: If the buyer fails to
to collect unpaid goods, the seller may charge the buyer a fee of NOK
round trip. The fee shall at most cover the seller's actual expenses for delivering the goods.
to the buyer. Such a fee cannot be charged to buyers under the age of 18. 11
The warranty provided by the seller or manufacturer gives the buyer rights in addition to those
the rights the buyer already has under mandatory legislation. A warranty thus implies
no limitations on the buyer's right to complain and claim in the event of delay or defects
according to points 12 and 13.
Unless the buyer agrees otherwise, the seller may only obtain and store the
personal data that is necessary for the seller to be able to carry out its obligations
after the agreement. The personal data of buyers under 15 years of age cannot be collected unless
the seller has the consent of parents or guardians. The buyer's personal information shall only
be disclosed to others if it is necessary for the seller to carry out the agreement with
the buyer, or in statutory cases.
The seller may only obtain the buyer's social security number if there is a legitimate need for security.
identification and such collection is necessary.
9 Act of 17 December 1976 No. 100 on interest on late payment.
10 Act of 13 May 1988 No. 26 on debt collection activities and other collection of overdue monetary claims.
11 Fees cannot be charged to persons under the age of 18 as they cannot incur debt, cf. vgml. § 2.
12 See Act of 14 April 2000 No. 31 on the Processing of Personal Data.
7
If the seller wants to use the buyer's personal information for other purposes, for example to
send the buyer advertising or information beyond what is necessary to complete the transaction
the agreement, the seller must obtain the buyer's consent at the time of conclusion of the agreement. The seller must provide
the buyer information about what the personal data will be used for and who will
use the personal data. The buyer's consent must be voluntary and given by an active
action, for example by ticking.
The buyer should be able to easily contact the seller, for example by telephone or email, if
he or she has questions about the seller's use of personal data or if he or she
wants the seller to delete or change the personal data.
The parties shall attempt to resolve any disputes amicably. The buyer may contact
The Danish Consumer Council for assistance in any dispute with the seller. If an amicable solution is not possible
is reached after mediation in the Consumer Council, the parties may request in writing that the Consumer Council
submits the dispute to the Consumer Disputes Committee.13 The decision of the Consumer Disputes Committee is legally binding.
four weeks after service. Before the decision becomes final, the parties may, by submitting
summons to the Consumer Disputes Committee, bring the decision before the district court.