Terms and conditions
Introduction
This purchase is governed by the following terms and conditions of sale for the purchase of goods over the Internet. Consumer purchases over the Internet are mainly governed by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Cancellation Rights Act and the E-Commerce Act, and these laws give the consumer mandatory rights. The laws are available at www.lovdata.no. The terms of this Agreement shall not be construed as a limitation of any statutory rights, but sets out the principal rights and obligations of the parties to the transaction.
1. The agreement
The agreement consists of these terms and conditions of sale, information provided in the ordering solution and any separately agreed terms. In the event of any conflict between the information, what has been specifically agreed between the parties shall take precedence, provided that it does not conflict with mandatory legislation.
In addition, the agreement will be supplemented by relevant legal provisions governing the purchase of goods between traders and consumers.
2. The parties
The seller is LIFEHORIZON, Kveldsroveien 7C, 1368 STABEKK, Org. no. 816 258 812, and is hereinafter referred to as the seller/seller. The buyer is the consumer who places the order, and is hereinafter referred to as the buyer/purchaser.
3. Price
The stated price of the item is the total price the buyer will pay for the product/service.
4. Conclusion of the agreement
The agreement is binding on both parties when the buyer has sent his order to the seller.
However, the agreement is not binding if there has been a clerical 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 realised or should have realised that there was such an error.
5. Payments
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 price on the card when placing the order. The card will be charged on the same day as the goods are dispatched.
6. Delivery
Delivery has taken place when the buyer, or his representative, has taken over the goods/product.
If the delivery time is not stated in the ordering 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 shall be delivered to the buyer unless otherwise specifically agreed between the parties.
7. The risk for the goods
The risk for the goods passes to the buyer when he, or the buyer's representative, has received the goods delivered in accordance with section 6.
8. Right of cancellation
Unless the agreement is exempt from the right of cancellation, the buyer can cancel the purchase of the item in accordance with the Cancellation Act.
The Buyer must notify the Seller of the use of the right of cancellation within 14 days of the deadline starting to run. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday or bank holiday, the deadline is extended to the nearest working day.
The cancellation period is deemed to have been complied with if notification is sent before the expiry of the period. The buyer has the burden of proof that the right of cancellation has been exercised, and the notification should therefore be in writing (cancellation form, e-mail or letter).
The cancellation period starts to run:
- For purchases of individual items, the cancellation period will run from the day after the item(s) are received.
- If a subscription is sold, or if the agreement involves regular delivery of identical goods, the deadline runs from the day after the first shipment is received.
- If the purchase consists of several deliveries, the cancellation period will run from the day after the last delivery is received.
The cancellation period is extended to 12 months after the expiry of the original period if the seller does not inform the consumer prior to the conclusion of the contract that there is a right of cancellation and a standardised cancellation form. The same applies in the event of failure to provide information about conditions, deadlines and procedures for exercising the right of cancellation. If the trader provides the information during these 12 months, the cancellation period still expires 14 days after the day the buyer received the information.
If the right of cancellation is exercised, the goods must be returned to the seller without undue delay and no later than 14 days from notification of exercise of the right of cancellation. The Buyer covers the direct costs of returning the item, unless otherwise agreed or the Seller has failed to state that the Buyer shall cover the return costs.
The Seller may not charge a fee for the Buyer's use of the right of cancellation. The Buyer may try or test the goods in a proper manner to determine the nature, characteristics and function of the goods, without the right of cancellation lapsing. If sampling or testing of the goods goes beyond what is prudent and necessary, the buyer may be liable for any reduced 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 after the Seller was notified of the Buyer's decision to exercise the right of cancellation. 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 returned.
9. Delay and non-delivery - buyers' rights and deadline for notifying claims
If the seller fails to 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 accordance with the rules in Chapter 5 of the Consumer Purchase Act, under the circumstances holde kjøpesummen tilbake, kreve oppfyllelse, heve avtalen og/eller kreve erstatning fra selgeren.
When claiming remedies for breach of contract, the notification should be in writing (e.g. e-mail) for reasons of evidence.
Fulfillment
The Buyer may maintain the purchase and demand fulfilment from the Seller. However, the Buyer may not demand fulfilment if there is an obstacle that the Seller is unable to overcome, or if fulfilment would entail such great inconvenience or cost for the Seller that it is significantly disproportionate to the Buyer's interest in the Seller's fulfilment. Should the difficulties disappear within a reasonable time, the buyer may still demand fulfilment.
The buyer loses his or her right to demand fulfilment if he or she waits an unreasonably long time to make the claim.
Cancel order
If the seller does not deliver the goods at the time of delivery, the buyer shall encourage the seller to deliver within a reasonable additional deadline for fulfilment. If the seller does not deliver the goods within the additional deadline, the buyer may cancel the purchase.
However, the Buyer may cancel 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 time of delivery is decisive.
If the item is delivered after the additional deadline set by the consumer or after the time of delivery that was decisive for the conclusion of the agreement, a claim for cancellation must be asserted within a reasonable time after the buyer became aware of the delivery.
Compensation
The Buyer may claim compensation for any loss suffered as a result of the delay. However, this does not apply if the Seller proves that the delay is due to an obstacle beyond the Seller's control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome the consequences of.
10. Defects in the goods - the buyer's rights and deadline for complaints
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 will invoke the defect. The Buyer has always made a timely complaint if it is made within two months of the defect being discovered or should have been discovered, and a complaint can be made no later than two years after the Buyer took possession of the goods. If the goods or parts of them are intended to last significantly 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, in accordance with the rules in Chapter 6 of the Consumer Purchase Act, under the circumstances holde kjøpesummen tilbake, velge mellom retting og omlevering, kreve prisavslag, kreve avtalen hevet og/eller kreve erstatning fra selgeren.
Complaints to the seller should be made in writing.
Correction or replacement
The Buyer may choose between demanding that the defect be rectified or delivery of equivalent goods. The Seller may nevertheless oppose the Buyer's claim if the fulfilment of the claim is impossible or causes the Seller unreasonable costs. Rectification or replacement must be carried out within a reasonable time. In principle, the Seller is not entitled to make more than two attempts to remedy the same defect.
Price reduction
The buyer may demand an appropriate price reduction if the goods are not rectified or redelivered and this means that the ratio between the reduced and agreed price corresponds to the ratio between the value of the item in defective and contractual condition. If there are special reasons to do so, the price reduction may instead be set equal to the significance of the defect for the buyer.
Cancel order
Dersom varen ikke er rettet eller omlevert, kan kjøperen også heve kjøpet når mangelen ikke er uvesentlig.
11. Selgerens rettigheter ved kjøperens mislighold
Dersom kjøperen ikke betaler eller oppfyller de øvrige pliktene etter avtalen eller loven, og dette ikke skyldes selgeren eller forhold på selgerens side, kan selgeren i henhold til reglene i forbrukerkjøpsloven kapittel 9 etter omstendighetene holde varen tilbake, kreve oppfyllelse av avtalen, kreve avtalen hevet samt kreve erstatning fra kjøperen. Selgeren vil også etter omstendighetene kunne kreve renter ved forsinket betaling, inkassogebyr og et rimelig gebyr ved uavhentede varer.
Fulfillment
The seller can maintain the purchase and demand that the buyer pays the purchase price. If the goods are not delivered, the seller loses his right if he waits an unreasonably long time to make the claim.
Cancel order
The Seller may terminate the agreement in the event of a material payment default or other material breach by the Buyer. However, the Seller may not cancel if the entire purchase price has been paid. If the Seller sets a reasonable additional deadline for fulfilment and the Buyer fails to pay within this deadline, the Seller may cancel the purchase.
Interest on late payment/collection fees
If the buyer fails to pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price under 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 not exceed 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.
13. Personal data
The data 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 that is necessary for the Seller to fulfil its obligations under the agreement. The buyer's personal data will only be disclosed to others if it is necessary for the seller to fulfil the agreement with the buyer, or in statutory cases.
14. Conflict solving
Complaints should be addressed to the seller within a reasonable time, cf. sections 9 and 10. The parties shall endeavour to resolve any disputes amicably. If this is unsuccessful, the buyer may contact the Norwegian Consumer Authority for mediation. The Norwegian Consumer Authority can be contacted by telephone on 23 400 600 or www.forbrukertilsynet.no.
The European Commission's complaints portal can also be used if you wish to lodge a complaint. This is particularly relevant if you are a consumer living in another EU country. The complaint is filed here: http://ec.europa.eu/odr.
15. Contact information
LIFEHORIZON
Kveldsroveien 7C
1368 STABEKK
Email: post (a) lifehorizon.org