Terms of service

Introduction

This purchase is regulated by the standard terms and conditions below for consumer purchases of goods over the Internet. Consumer purchases over the internet are primarily governed by the Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Withdrawal Act and the E-Commerce Act, and these laws grant the consumer non-derogable rights. The laws are available at www.lovdata.no. The terms of this agreement are not to be understood as a limitation of the statutory rights, but set out the parties’ main rights and obligations for the transaction.

The terms and conditions are prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these terms, see the Consumer Authority’s guide here.

1. The Agreement

The agreement consists of these terms and conditions of sale, the information provided in the ordering solution, and any specially agreed terms. In the event of any conflict between the information, what has been specifically agreed between the parties shall prevail, provided it does not conflict with mandatory legislation.

The agreement will also be supplemented by relevant statutory provisions governing the sale of goods between businesses and consumers.

1. The Parties
   The seller is AL Parfume AS, Solbakken 24 B, 1640 Råde, post@alperfume.no, 928 60 349, Org. No. 935 837 294, and is hereinafter referred to as the seller.

The buyer is the consumer who places the order and is hereinafter referred to as the buyer.

1. Price

The stated price for the goods and services is the total price the buyer shall pay. This price includes all taxes and additional costs. Any additional costs that the seller did not inform about before the purchase shall not be borne by the buyer.

1. Conclusion of the Agreement

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

However, the agreement is not binding if there has been a writing or typing error 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.

1. Payment

The seller may demand payment for the item from the time it is dispatched from the seller to the buyer.

If the buyer uses a credit or debit card for payment, the seller may reserve the purchase amount on the card at the time of ordering. The card is charged the same day the item is shipped.

When paying by invoice, the invoice to the buyer is issued upon dispatch of the item. The payment deadline appears on the invoice and is at least 14 days from receipt.

Buyers under the age of 18 cannot pay by subsequent invoice.

1. Delivery

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

If the delivery time is not stated in 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 between the parties.

1. Risk of the Goods

The risk of the goods passes to the buyer when they, or the buyer’s representative, have had the goods delivered in accordance with section 6.

1. Right of Withdrawal

Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw from the purchase of the goods in accordance with the Right of Withdrawal Act.

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

The right of withdrawal is deemed to have been exercised if notification is sent before the deadline expires. The buyer has the burden of proof that the right of withdrawal has been exercised, and the notice should therefore be given in writing (withdrawal form, e-mail or letter).

The withdrawal period begins to run:

For the purchase of single items, the period runs from the day after the item(s) is received.
If a subscription is sold, or the agreement involves regular delivery of identical goods, the period runs from the day after the first shipment is received.
If the purchase consists of several deliveries, the withdrawal period runs from the day after the last delivery is received.

The withdrawal period is extended to 12 months after the expiry of the original period if the seller, prior to the conclusion of the agreement, does not inform that there is a right of withdrawal and provide the standardized withdrawal form. The same applies in the absence of information about conditions, time limits and procedures for exercising the right of withdrawal. If the trader provides the information within these 12 months, the withdrawal period nevertheless expires 14 days after the day 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 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 shall cover the return costs. The seller may not charge a fee for the buyer’s use of the right of withdrawal.

The buyer may examine or test the goods in a proper manner to determine the nature, characteristics and functioning of the goods, without the right of withdrawal lapsing. If the examination or testing of the goods goes beyond what is necessary and proper, the buyer may be liable for any diminished 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 day the seller received notice of the buyer’s decision to exercise the right of withdrawal. The seller is entitled to withhold payment until he/she has received the goods from the buyer, or until the buyer has provided documentation that the goods have been sent back.

1. Delay and Non-Delivery – the Buyer’s Rights and Deadline for Submitting Claims

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, pursuant to the rules in Chapter 5 of the Consumer Purchases Act, as the case may be, withhold payment, demand specific performance, terminate the agreement and/or claim compensation from the seller.

For claims regarding remedies for breach, the notification should for evidentiary reasons be in writing (for example by e-mail).

Specific performance

The buyer may uphold the purchase and demand performance from the seller. However, the buyer cannot demand performance if there is an obstacle that the seller cannot overcome, or if performance would entail such a great inconvenience or cost for the seller that it is disproportionately burdensome compared to the buyer’s interest in performance. Should the difficulties cease within a reasonable time, the buyer may nevertheless demand performance.

The buyer loses the right to demand performance if he or she waits an unreasonably long time to assert the claim.

Termination

If the seller does not deliver the goods at the delivery time, the buyer shall urge the seller to deliver within a reasonable additional period for performance. If the seller does not deliver within the additional period, the buyer may terminate the purchase.

However, the buyer may terminate 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 agreement, or if the buyer has informed the seller that the delivery time is decisive.

If the item is delivered after the additional period set by the consumer or after the delivery time that was decisive for the conclusion of the agreement, a claim for termination must be asserted within a reasonable time after the buyer became aware of the delivery.

Compensation

The buyer may claim compensation for loss suffered as a result of the delay. This does not apply, however, if the seller proves that the delay is due to an obstacle beyond the seller’s control which could not reasonably have been taken into account at the time of the agreement, avoided, or overcome its consequences.

1. Defect in the Goods – the Buyer’s Rights and Complaint Deadline

If there is a defect in the goods, the buyer must, within a reasonable time after it was discovered or should have been discovered, notify the seller that he or she will invoke the defect. The buyer has always complained in time if it is done within 2 months from when the defect was discovered or should have been discovered. A complaint may be made no later than two years after the buyer took over the goods. If the goods or parts of them are intended to last substantially 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 side, the buyer may, pursuant to the rules in Chapter 6 of the Consumer Purchases Act, as the case may be, withhold payment, choose between repair and replacement, demand a price reduction, demand termination of the agreement and/or claim compensation  from the seller.

Complaints to the seller should be made in writing.

Repair or replacement

The buyer may choose to demand that the defect be repaired or that delivery of corresponding goods be made. However, the seller may oppose the buyer’s claim if the implementation of the claim is impossible or causes the seller unreasonable costs. Repair or replacement shall be carried out within a reasonable time. As a rule, the seller is not entitled to carry out more than two attempts at remedy for the same defect.

Price reduction

The buyer may demand an appropriate price reduction if the goods are not repaired or replaced. This means that the ratio between the reduced and agreed price corresponds to the ratio between the item’s value in defective and contractual condition. If special reasons so indicate, the price reduction may instead be set equal to the significance of the defect to the buyer.

Termination

If the goods are not repaired or replaced, the buyer may also terminate the purchase when the defect is not insignificant.

1. The Seller’s Rights in the Event of the Buyer’s Breach

If the buyer does not pay or fulfill the other obligations under the agreement or the law, and this is not due to the seller or circumstances on the seller’s side, the seller may, pursuant to the rules in Chapter 9 of the Consumer Purchases Act, as the case may be, withhold the goods, demand performance of the agreement, demand termination of the agreement, and claim compensation from the buyer. The seller may also, as the case may be, claim interest for late payment, debt collection fees and a reasonable fee for uncollected goods.

Performance

The seller may uphold the purchase and demand that the buyer pays the purchase price. If the item has not been delivered, the seller loses this right if he waits an unreasonably long time to assert the claim.

Termination

The seller may terminate the agreement if there is a material breach of payment or other material breach by the buyer. However, the seller cannot terminate 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 terminate the purchase.

Interest for 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 pursuant to the Interest on Overdue Payments Act. In the event of non-payment, the claim may, after prior notice, be sent to debt collection. The buyer may then be held liable for fees under the Debt Collection Act.

Fee for uncollected non-prepaid goods

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 may not be charged to buyers under 18 years of age.

1. Guarantee

A guarantee given by the seller or the manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A guarantee therefore does not limit the buyer’s right to complain and to make claims in the event of delay or defects pursuant to sections 9 and 10.

1. Personal Data

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

1. Dispute Resolution

Complaints must be addressed to the seller within a reasonable time, cf. sections 9 and 10. The parties shall seek to resolve any disputes amicably. If this does not succeed, the buyer may contact the Norwegian Consumer Authority for mediation. The Consumer Authority can be reached by phone at 23 400 600 or at www.forbrukertilsynet.no.

The European Commission’s Online Dispute Resolution portal may also be used if you wish to submit a complaint. This is particularly relevant if you are a consumer residing in another EU country. Submit your complaint here: http://ec.europa.eu/odr.