1] The parties
The seller is Ellis Culture, Fleslandsvika 22, 5258 Blomsterdalen, firstname.lastname@example.org, +47 911 83 895, org.nr. 996525015 and will in the following be called the seller. The buyer is the consumer making the order, and will in the following be called the buyer.
The seller can demand payment for the item from the moment 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 price on the card when ordering. The card is charged on the same day the item is sent. When paying by invoice, the invoice is issued to the buyer when the goods are dispatched. The deadline for payment is shown on the invoice and is a minimum of 14 days from receipt. Buyers under the age of 18 cannot pay with a subsequent invoice.
Delivery has taken place when the buyer, or his representative, has taken over the item. If no delivery time is stated in the order solution, the seller must deliver the goods to the buyer without undue delay and no later than 30 days after the order from the customer. The goods must be delivered at the buyer’s premises, unless otherwise agreed separately between the parties.
4] Right of withdrawal
The buyer can cancel the purchase of the item in accordance with the Right of Cancellation Act. The buyer must notify the seller of using the right of withdrawal within 14 days of the deadline starting to run. The deadline includes all calendar days. If the deadline ends on a Saturday, holiday or bank holiday, the deadline is extended to the nearest working day.
The withdrawal period is deemed to have been met if notification is sent before the end of the period. The buyer has the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be made in writing (e-mail or letter).
The cancellation period starts:
For purchased of single items, the cancellation period will start on the day after the item(s) have been received.
If an e-course is sold, the deadline starts on the day after the e-mail with the invitation for the first logon.
If the purchase consists of several deliveries, the cancellation period will be from the day after the last delivery has been received.
The withdrawal period is extended to 12 months after the end of the original period if the seller does not inform the seller before the conclusion of the agreement that there is a right of withdrawal and a standardized withdrawal form. The same applies if there is a lack of information on terms, deadlines and procedures for exercising the right of withdrawal. If the trader ensures to provide the information during these 12 months, the cancellation period still expires 14 days after the day the buyer received the information.
When using 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 being given. The buyer covers the direct costs of returning the item. The seller cannot set a fee for the buyer’s use of the right of withdrawal.
The buyer can try or test the goods in a proper way to determine the nature, properties and function of the goods, without the right of withdrawal being lost. If the examination or testing of the goods goes beyond what is reasonable and necessary, the buyer may be held liable for any reduced value of the goods.
The seller is obliged to repay the purchase price to the buyer without undue delay, and no later than 14 days from the seller receiving notification of the buyer’s decision to exercise the right of withdrawal. The seller has the right to withhold payment until he/she has received the goods from the buyer, or until the buyer has presented documentation that the goods have been sent back.
5] Defects in the product – the buyer’s rights and complaint deadline
If there is a defect in the goods, the buyer must notify the seller within a reasonable time after it was discovered or should have been discovered that he or she wants to claim the defect. The buyer has always complained in sufficient time if it happens within 2 months. from the time the defect was discovered or should have been discovered. Complaints can 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 than two years, the complaint deadline is five years.
If the item has a defect and this is not due to the buyer or conditions on the buyer’s side, the buyer may, 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/or demand compensation from the seller.
Complaints to the seller should be made in writing.
Correction or redelivery
The buyer can choose between demanding that the defect be rectified or delivery of similar items. The seller can nevertheless object to the buyer’s claim if the implementation of the claim is impossible or causes the seller unreasonable costs. Correction or redelivery must be made within a reasonable time. In principle, the seller does not have the right to make more than two remedial attempts for the same defect.
The buyer can claim an appropriate price reduction if the item is not corrected or re-delivered. 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 there are special reasons for this, the price discount can instead be set equal to the significance of the defect for the buyer.
If the item has not been corrected or re-delivered, the buyer can also cancel the purchase if the defect is not insignificant.
6] The seller’s rights in the event of the buyer’s default
If the buyer does not pay or fulfil 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, in accordance with the rules in the Consumer Purchase Act, chapter 9, depending on the circumstances, withhold the goods, demand fulfilment of the agreement, demand the agreement be cancelled as well as claim compensation from the buyer. The seller will also be able, depending on the circumstances, to demand interest for late payment, debt collection fees and a reasonable fee for uncollected goods.
The seller can maintain the purchase and demand that the buyer pays the purchase price. If the goods have not been delivered, the seller loses his right if he waits an unreasonably long time to make the claim.
The seller can terminate the agreement if there is a significant payment default or other significant default on the part of the buyer. The seller cannot withdraw if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for fulfilment and the buyer does not pay within this deadline, the seller can cancel the purchase.
Interest in case of 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 Late Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to debt collection. The buyer can then be held liable for fees according to the Debt Collection Act.
7] Conflict resolution
Complaints must be addressed with the seller within a reasonable time, cf. points 9 and 10. The parties must try to resolve any disputes amicably. If this is not successful, the buyer can contact the Norwegian Consumer Protection Authority for mediation. Forbrukertilsynet is available on phone 23 400 600 or www.forbrukertilsynet.no.
The European Commission’s complaints portal can also be used if you wish to lodge a complaint. It is particularly relevant if you are a consumer living in another EU country. The complaint is filed here: http://ec.europa.eu/odr.
Ellis Culture guarantees customer satisfaction. All our courses and lectures therefore include the following added value: