Terms and conditions of purchase and delivery
Conditions
1. General
All purchases are regulated by standard sales conditions for consumer purchases of goods over the internet. By consumer purchase here is meant the sale of goods to a consumer who does not mainly act as part of a commercial activity, and when the seller acts in a commercial activity with the sale of goods over the internet. The contract has been drawn up and recommended for use 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 Cancellation Act and the E-commerce Act, and these laws give the consumer inalienable rights. The terms of the contract are not to be understood as any limitation of the statutory rights, but set out the parties' most important rights and obligations for the trade. The seller can choose to offer the buyer better terms than what appears in these sales conditions.
2. Parties
For goods purchased and shipped from the online store:
Seller is: Indonesia store
The online store www.indoensia-store.no is operated by:
Legal name: Scanesia AS
Address: Gneisveien 2 , 1914 Ytre Enebakk
Organization no.: 959 896 879 VAT
Buyer is: the person stated as the buyer in the order
3. Prices
The prices, which are stated in the online shop, include value added tax.
Information about the total costs the buyer must pay, including all taxes (value added tax, customs, etc.) and delivery costs (freight, postage, invoice fee, packaging etc.) as well as specification of the individual elements in the total price, is given in the ordering solution before the order is placed. Deliveries of goods to Svalbard or Jan Mayen must be sold without the addition of value added tax.
4. Conclusion of agreement
The agreement is binding for both parties when the buyer's order has been received by the seller. A party is nevertheless not bound by the agreement if there has been a writing or typing error in the offer from the seller in the ordering solution in the online store or in the buyer's order, and the other party realized or should have realized that there was such an error.
5. Order confirmation
When the seller has received the buyer's order, the seller must confirm the order without undue delay by sending an order confirmation to the buyer. It is recommended that the buyer checks that the order confirmation agrees with the order with regard to quantity, product type, price, etc. If there is a discrepancy between the order and the order confirmation, the buyer should contact the seller as soon as possible.
6. Payment
The seller can demand payment for the item from the time it is sent from the seller to the buyer. If the buyer uses a credit or debit card for payment, the seller can reserve the purchase amount on the card at the time of the order for up to 4 days from the order.
When paying by credit card, the Act on credit purchases etc. will apply. If the seller offers post-invoicing, the invoice must be issued to the buyer when the goods are dispatched. The due date must be set to a minimum of 14 days from when the buyer receives the shipment. If the seller has a special need to demand an advance payment from the buyer, for example in the case of manufacturing purchases, the seller can demand this. Buyers under the age of 18 can only pay directly when the seller delivers the item or when the item is delivered by cash on delivery.
7. Delivery etc
Delivery of the goods from the seller to the buyer takes place in the manner, at the place and at the time indicated in the order solution in the online store. If no delivery time is stated in the order solution, the seller must deliver the goods to the buyer within a reasonable time and no later than 30 days after the order from the customer. If the seller is to ensure that the goods are sent to the buyer, he is obliged to have the goods transported to the destination in a suitable manner and under normal conditions for such transport. The place of destination is with the buyer, unless otherwise separately agreed between the parties.
8. The risk of the goods
The risk for the goods passes to the buyer when the goods have been taken over by the buyer in accordance with the agreement. If the delivery time has arrived and the buyer fails to take over an item that has been placed at his or her disposal according to the agreement, the buyer still bears the risk of loss or damage due to the characteristics of the item itself.
9. Right of withdrawal
When products are purchased on the website, you have a 14-day right of withdrawal in accordance with the current right of withdrawal and consumer protection legislation. This means that you have the right to cancel any purchase by notifying us of this within 14 days of when you or your representative received the ordered product. The right of withdrawal does not apply to the following product types: a ) products with broken seals that are returned due to health-related or hygienic reasons (for example masks/respirators). If you wish to use the right of withdrawal, you must, before the end of the withdrawal period, send us a clear message in the manner specified. In the message, you must state your name, your address and other relevant information, for example the order reference, invoice number and the name of the product. If you exercise your right of withdrawal, you must pay for the return shipping costs and are responsible for the condition of the product after you receive the product and during the return shipment. The product must be returned within 14 days from the date we were notified that you exercise the right of withdrawal. The product must be sent well packed, in good condition and in packaging that can withstand the post.
If you exercise the right of withdrawal, we shall refund the amount you have paid for the product in the order that was made.
10. Examination of the goods
When the buyer receives the item, it is recommended that he or she examines to a reasonable extent whether it is in accordance with the order, whether it has been damaged during transport or whether it otherwise has defects. If the item does not match the order or has defects, the buyer must notify the seller in the event of a complaint, cf. clause 11 of the contract.
11. Complaints in the event of a deficiency and deadline for reporting a claim in the event of a delay
If there is a defect in the goods, the buyer must, within a reasonable time after he or she discovered it, notify the seller that he or she wants to claim the defect. The deadline can never be shorter than two months from the time when the consumer discovered the defect. Complaints must still be made no later than two years after the buyer took over the item. If the product or parts of it are intended to last significantly longer, the complaint deadline is five years.
In the event of a delay, claims must be made to the seller within a reasonable time after the delivery time has arrived and the item has not been delivered.
If the item has been paid for by credit card, the buyer can also choose to advertise and send claims directly to the credit provider (credit card company). The message to the seller or creditor should be in writing (e-mail or letter).
12. Buyer's rights in case of delay
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, according to the rules in Chapter 5 of the Consumer Purchase Act, withhold the purchase price, demand performance, cancel the agreement and demand 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 from the seller. However, the buyer cannot demand fulfillment if there is an obstacle that the seller cannot overcome or if fulfillment will cause such a great inconvenience or cost to the seller that it is significantly out of proportion to the buyer's interest in the seller fulfilling. If the difficulties disappear within a reasonable time, the consumer can demand fulfillment.
Termination: The buyer can terminate the agreement with the seller if the delay is significant or if the seller does not deliver the goods within the additional deadline for fulfillment that the buyer has set. The buyer cannot nevertheless cancel the agreement while the additional deadline is running, unless the seller has said that he or she will not fulfill within the deadline.
Compensation: The buyer can also claim compensation for losses he or she suffers as a result of the delay on the part of the seller, cf. § 24 of the Consumer Purchase Act.
The buyer must report claims to the seller in the event of a complaint, cf. clause 11 of this contract.
13. The buyer's rights in the event of a defect
If the item has a defect and this is not due to the buyer or conditions on the buyer's side, the buyer can, in accordance with the rules of the Consumer Purchase Act, chapter 6, withhold the purchase price, choose between rectification and redelivery, demand a price reduction, demand the contract terminated and demand compensation from the seller.
Correction or redelivering: If the item has a defect, the buyer can demand that the seller correct the defect or redeliver the corresponding item. The seller can object to the buyer's claim if the implementation of the claim is impossible or causes the seller unreasonable costs. The seller must carry out the correction or redelivery within a reasonable time. Correction or redelivery must be carried out at no cost to the buyer, without the risk that the buyer will not be able to cover his expenses and without significant inconvenience to the buyer. The seller cannot make more than two attempts at correction or redelivery for the same defect, unless there are special reasons that make further attempts reasonable. Even if the buyer neither requires correction nor redelivery, the seller can offer correction or redelivery if this takes place without delay. If the seller arranges for such rectification or redelivery, the buyer cannot demand a price reduction or cancellation.
Price discount: If the defect is not corrected or re-delivered, the buyer can demand a proportionate price discount.
Cancellation: Instead of a price reduction, the buyer can 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. § 33 of the Consumer Purchase Act.
The buyer must report claims to the seller 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 guarantees given by the seller.
14. The seller's rights in the event of the buyer's default
If the buyer does not pay or fulfill the other obligations under the agreement, and this is not due to the seller or conditions on the seller's side, the seller may, in accordance with the rules in the Consumer Purchase Act, Chapter 9, depending on the circumstances, withhold the goods, demand fulfillment of the agreement, demand the agreement be canceled and compensation from the buyer. The seller may also, depending on the circumstances, be able to demand interest in the event of late payment, debt collection fees and fees for non-prepaid uncollected goods.
Fulfillment: If the buyer does not pay, the seller can maintain the purchase and demand that the buyer pays the purchase price (fulfilment). If the goods have not been delivered, the seller loses his right if he waits an unreasonably long time to make the claim.
Termination: In the event of significant payment default or other significant default by the buyer, the seller can terminate the agreement. The seller cannot withdraw after the purchase price has been paid. The seller can also cancel the purchase if the buyer does not pay within a reasonable additional deadline for fulfillment that the seller has set. However, the seller cannot withdraw while the additional period is running, unless the buyer has said that he or she does not want to pay.
Compensation: The seller can claim compensation from the buyer for financial loss he or she suffers as a result of the buyer's breach of contract, cf. Section 46 of the Consumer Purchase Act.
Interest for late payment/collection fee: If the buyer does not pay the purchase price in accordance with the agreement, the seller can claim interest on the purchase price in accordance with the Act on interest for late payment. In the event of non-payment, the claim may, after prior notice, be sent to debt collection, and the buyer may then be held liable for fees in accordance with the law on debt collection activities and other collection of overdue monetary claims.
Fee for uncollected, non-prepaid goods: If the buyer fails to collect unpaid goods, the seller can charge the buyer with a fee for actual round-trip shipping. The fee shall at most cover the seller's actual outlay for delivering the goods to the buyer. Such a fee cannot be charged to buyers under the age of 18.
15. Warranty
A warranty given by the seller or the manufacturer gives the buyer rights in addition to the rights the buyer already has under non-derogable legislation. A guarantee thus implies no restrictions on the buyer's right to complaint and claims in the event of delay or defects according to clauses 12 and 13.
16. Personal data
Unless the buyer agrees otherwise, the seller can only obtain and store the personal data that is necessary for the seller to be able to carry out the obligations under the agreement. The personal details of buyers under the age of 15 cannot be obtained unless the seller has consent from parents or guardians. The buyer's personal data must only be disclosed to others if it is necessary for the seller to complete the agreement with the buyer, or in statutory cases.
The seller can only obtain the buyer's social security number if there is a material need for secure identification and such collection is necessary.
If the seller wants to use the buyer's personal data for other purposes, for example to send the buyer advertising or information beyond what is necessary to complete the agreement, the seller must obtain the buyer's consent when entering into the agreement. The seller must provide the buyer with information about what the personal data will be used for and about who will use the personal data. The buyer's consent must be voluntary and given by an active action, for example by ticking the box.
The buyer must be able to easily contact the seller, for example by telephone or e-mail 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.
17. Conflict resolution
The parties shall attempt to resolve any disputes amicably. The buyer can contact the Consumer Council to get assistance in any dispute with the seller. If an amicable solution is not reached after mediation in the Consumer Council, the parties can request in writing that the Consumer Council refer the dispute to the Consumer Disputes Committee. Decisions of the Consumer Disputes Committee are legally binding four weeks after notification. Before the decision is legally binding, the parties can, by submitting a summons to the Consumer Disputes Committee, bring the decision before the district court.
18. Copyright
Content on www.indonesia-store.no's website is the property of Scanesia AS. This content is protected by copyright, marketing and trademark laws. This means that trademarks, company names, product names, information about products, including descriptions of the products, images/graphics, design and layout cannot be downloaded, copied or used in any other way without this being permitted by legislation or with the consent of Scanesia AS.
19. Force Majeure
Force majeure means extraordinary events that are beyond the parties' control. Examples of this are natural disasters, floods, war, riots, strikes, etc. This clause releases Scanesia AS from responsibility for obligations that Scanesia AS is unable to carry out due to events beyond Scanesia AS's control.