Terms and Conditions
This purchase is governed by the standard sales terms for consumer purchases of goods over the Internet as outlined below. Consumer purchases over the Internet are mainly regulated by the Contract Act, Consumer Purchases Act, Marketing Act, Right of Withdrawal Act, and the eCommerce Act, which grant the consumer non-waivable rights. These laws are available at lovdata.no. The terms of this agreement are not intended to limit these statutory rights but to outline the main rights and obligations of the parties in the transaction. These terms are prepared and recommended by the Norwegian Consumer Agency. For better understanding, refer to the Consumer Agency's guidelines here.
General Terms
These terms apply to all purchases made through our website, ArtByOverdal. By completing an order with us, you are considered to have accepted these terms.
1. Agreement
The agreement consists of these sales terms, information provided in the order system, and any specifically agreed terms. In the event of a conflict, any special agreements between the parties take precedence, provided they do not contradict binding legal provisions.
The agreement will also be supplemented by relevant statutory provisions governing the sale of goods between businesses and consumers.
2. The Parties
The seller is Sandra Øverdal, artbyoverdal@gmail.com, referred to hereafter as the seller.
The buyer is the consumer who places the order, referred to hereafter as the buyer.
3. Price
The stated price for the goods and services is the total price the buyer must pay. This price includes all fees and additional costs, but may exclude customs duties and any import taxes. The buyer is responsible for paying any customs charges, taxes, and other import-related fees that may arise when the goods arrive in the destination country. The seller is not responsible for such costs, and the buyer will be informed of any customs-related requirements prior to delivery. The buyer will not be responsible for additional costs not disclosed by the seller prior to purchase.
4. Conclusion of Agreement
The agreement is binding for both parties when the buyer has sent their order to the seller.
However, the agreement is not binding if there is a typo or keyboard error in the offer from the seller in the online store's order system or in the buyer's order, and the other party realized or should have realized such an error.
5. Payment
The seller can demand payment for the goods from the time they are dispatched 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 is charged on the same day the goods are dispatched.
For payments by invoice, the buyer is issued an invoice upon dispatch of the goods. The payment deadline is stated on the invoice and is at least 14 days from receipt.
Buyers under 18 cannot pay by post-payment invoice.
6. Delivery
Delivery has taken place when the buyer, or their representative, has taken possession of the goods.
If no delivery time is specified in the order system, the seller must deliver the goods to the buyer without undue delay and no later than 30 days after the customer's order. The goods must be delivered to the buyer unless otherwise specifically agreed between the parties.
7. Risk of Goods
The risk of the goods passes to the buyer when they, or the buyer's representative, have taken possession of the goods in accordance with Section 6.
8. Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may cancel the purchase in accordance with the Right of Withdrawal Act.
The buyer must notify the seller of the exercise 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 deadline is extended to the nearest working day.
The right of withdrawal is deemed to have been observed if the notice is sent before the period expires. The buyer bears the burden of proof that the right of withdrawal has been exercised, so the notice should preferably be in writing (withdrawal form, email, or letter).
The withdrawal period begins:
- The day after the goods are received for the purchase of individual items.
- If an agreement includes a subscription or regular delivery of identical items, the period starts the day after the first delivery is received.
- For purchases involving multiple deliveries, the period runs from the day after the last delivery is received.
The withdrawal period is extended to 12 months after the end of the original period if the seller did not inform the buyer of the right of withdrawal and provide a standardized withdrawal form before the agreement was concluded. The same applies to the lack of information on terms, deadlines, and procedures for exercising the right of withdrawal. If the trader provides the information during these 12 months, the withdrawal period expires 14 days after the buyer received the information.
When exercising the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days after the notification of the right of withdrawal. The buyer covers the direct costs of returning the goods unless otherwise agreed or if the seller has failed to inform that the buyer must cover the return costs. The seller cannot charge a fee for the buyer's use of the right of withdrawal.
The buyer can inspect or test the goods in a responsible way to ascertain the nature, properties, and function of the goods, without forfeiting the right of withdrawal. If the inspection or testing of the goods exceeds what is necessary, the buyer may be held liable for any reduced value of the goods.
The seller is obliged to refund the purchase amount to the buyer without undue delay, and no later than 14 days from the date the seller received notification of the buyer's decision to exercise the right of withdrawal. The seller is entitled to withhold payment until they have received the goods from the buyer or until the buyer has provided documentation that the goods have been sent back.
9. Delay and Non-Delivery - Buyer's Rights and Time Limit for Claims
If the seller does not deliver the goods or delivers them late according to the agreement, and this is not due to the buyer or circumstances on the buyer's side, the buyer may, in accordance with the rules in the Consumer Purchases Act, Chapter 5, withhold the purchase price, demand fulfillment, cancel the agreement, and/or claim compensation from the seller, as appropriate.
Claims for breach of contract should preferably be made in writing (e.g., by email) for evidentiary purposes.
Fulfillment
The buyer may insist on the purchase and require fulfillment from the seller. However, the buyer cannot demand fulfillment if there is an obstacle that the seller cannot overcome or if fulfillment would entail an undue inconvenience or cost for the seller, disproportionately outweighing the buyer's interest in the seller's fulfillment. If the obstacles disappear within a reasonable time, the buyer may still demand fulfillment.
The buyer loses the right to demand fulfillment if they wait unreasonably long to make the claim.
Cancellation
If the seller does not deliver the goods at the agreed time, the buyer should urge the seller to deliver within a reasonable additional period. If the seller fails to deliver within the additional period, the buyer may cancel the purchase.
The buyer may, however, immediately cancel the purchase if the seller refuses to deliver the goods. The same applies if the delivery time was crucial for entering into the agreement or if the buyer informed the seller that the delivery time is essential.
If the item is delivered after the additional period set by the consumer or after the delivery time essential to the agreement, a cancellation claim must be made within a reasonable time after the buyer became aware of the delivery.
Compensation
The buyer may claim compensation for losses incurred due to the delay. However, this does not apply if the seller proves that the delay was due to an obstacle beyond the seller's control, which could not reasonably have been foreseen at the time of the agreement, avoided, or overcome.
10. Product Defects - Buyer's Rights and Complaint Period
If there is a defect in the product, the buyer must notify the seller within a reasonable time after the defect was discovered or should have been discovered, indicating that they wish to claim the defect. The buyer has always made a complaint in time if it is done 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 product. If the product or parts of it are meant to last significantly longer than two years, the complaint period is five years.
If the product has a defect not due to the buyer or circumstances on the buyer's side, the buyer may, according to the rules in the Consumer Purchases Act, Chapter 6, depending on the circumstances, withhold the purchase amount, choose between repair and replacement, demand a price reduction, cancel the contract, and/or claim compensation from the seller.
The complaint to the seller should be made in writing.
Repair or Replacement
The buyer may choose to demand repair of the defect or delivery of a similar item. However, the seller may oppose the buyer's claim if fulfilling the demand is impossible or would cause unreasonable costs to the seller. Repair or replacement must be completed within a reasonable time. The seller generally has no right to make more than two attempts to rectify the same defect.
Price Reduction
The buyer may demand an appropriate price reduction if the product is not repaired or replaced. This means that the ratio between the reduced and agreed price corresponds to the ratio between the product's value in defective and contractual condition. If there are special reasons, the price reduction can instead be set to the defect's significance to the buyer.
Cancellation
If the product is not repaired or replaced, the buyer may also cancel the purchase when the defect is not insignificant.
11. Seller's Rights in Case of Buyer's Default
If the buyer fails to pay or fulfill other obligations under the contract or law, and this is not due to the seller or circumstances on the seller's side, the seller may, according to the rules in the Consumer Purchases Act, Chapter 9, depending on the circumstances, retain the product, demand fulfillment of the contract, cancel the contract, and/or claim compensation from the buyer. The seller may also, depending on the circumstances, demand interest for delayed payment, an debt collection fee, and a reasonable fee for unclaimed items.
Fulfillment
The seller can enforce the purchase and demand the buyer pays the purchase price. If the product has not been delivered, the seller loses this right if they delay in making the claim for an unreasonable length of time.
Cancellation
The seller can cancel the contract if there is significant default in payment or other material 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 payment, and the buyer does not pay within this time frame, the seller can cancel the purchase.
Interest on Late Payment/Debt Collection Fee
If the buyer does not pay the purchase price as agreed, the seller may charge interest on the purchase price according to the Late Payment Interest Act. In case of non-payment, the claim, after prior notice, may be sent for debt collection, and the buyer may then be liable for a fee in accordance with the Debt Collection Act.
Fee for Unclaimed, Non-Prepaid Goods
If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee must at most cover the seller's actual expenses for delivering the product to the buyer. Such a fee cannot be charged to buyers under 18 years.
12. Warranty
A warranty provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under non-waivable legislation. A warranty thus imposes no limitations on the buyer's right to complaint and claims for delays or defects under points 9 and 10.
13. Personal Data
The data controller for collected personal data is the seller. Unless the buyer consents otherwise, the seller, in accordance with the Personal Data Act, may only collect and store the personal data necessary for the seller to fulfill the obligations under the contract. The buyer's personal data will only be disclosed to others if necessary for the seller to complete 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 should attempt to resolve any disputes amicably. If this is not successful, the buyer can contact the Consumer Authority for mediation. The Consumer Authority can be reached at phone 23 400 600 or www.forbrukertilsynet.no.
The European Commission's complaint portal can also be used if you wish to submit a complaint. This is particularly relevant if you are a consumer residing in another EU country. The complaint can be submitted here: http://ec.europa.eu/odr.