Terms and Conditions
Introduction
This purchase is governed by the standard terms and conditions for consumer purchases of goods over the Internet set out below. Consumer purchases over the Internet are primarily regulated by the Contract Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Withdrawal Act, and the E‑Commerce Act, all of which provide the consumer with non‑waivable rights. These laws are available at www.lovdata.no. The terms of this agreement shall not be understood as limiting the statutory rights, but outline the main rights and obligations of the parties in 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, the information provided in the ordering solution, and any separately agreed terms. In the event of a conflict between the information, the specifically agreed terms between the parties shall prevail, provided they do not conflict with mandatory legislation.
The agreement will also be supplemented by relevant statutory provisions regulating the purchase of goods between traders and consumers.
2. The Parties
The seller is Oslo Cruise Terminal, website (Oslosweatershop.com). Our registered address is Akershusstranda 15, Skur 35, 0150 Oslo, Norway.
Email: shop@oslocruiseterminal.com, telephone number: 9262263. Organisation number: 820 672 682, and is hereinafter referred to as the seller/the seller.
The buyer is the consumer who places the order, and is hereinafter referred to as the buyer/the buyer.
3. 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 has not informed the buyer of before the purchase shall not be borne by the buyer.
4. Conclusion of the Agreement
The agreement is binding for both parties when the buyer has submitted 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 ordering solution or in the buyer’s order, and the other party realised or should have realised that such an error existed.
5. Payment
The seller may demand payment for the goods from the time they are 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 will be charged the same day the goods are shipped.
When paying by invoice, the invoice will be issued to the buyer upon shipment of the goods. The payment deadline appears on the invoice and is at least 14 days from receipt.
Buyers under the age of 18 cannot pay by invoice with deferred payment.
6. Delivery
Delivery has occurred when the buyer, or the buyer’s representative, has taken possession of the item.
If the delivery time is not stated in the ordering solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the customer’s order. The goods shall be delivered to the buyer unless otherwise specifically agreed between the parties.
7. Risk of the Goods
The risk for the goods passes to the buyer when they, or their representative, have received the goods in accordance with section 6.
8. 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 the date the withdrawal period begins. All calendar days are included in the period. If the deadline ends on a Saturday, public holiday, or holiday, the deadline is extended to the nearest working day.
The withdrawal period is considered met if the notification is sent before the deadline expires. The buyer has the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be made in writing (withdrawal form, email, or letter).
The withdrawal period begins:
• For the purchase of individual goods, the withdrawal period runs from the day after the item(s) are 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 deadline if the seller does not, before the conclusion of the agreement, inform the buyer that a right of withdrawal exists and provide the standardized withdrawal form. The same applies if the seller fails to provide information about the conditions, deadlines, and procedures for exercising the right of withdrawal. If the trader provides this information within these 12 months, the withdrawal period 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 date the notification of withdrawal was given. The buyer covers the direct costs of returning the goods unless otherwise agreed or unless the seller has failed to inform the buyer that return costs must be covered by the buyer. 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 responsible manner to determine the nature, characteristics, and function of the goods, without the right of withdrawal being lost. If the examination or testing of the goods exceeds what is reasonable and necessary, the buyer may be held liable for any reduced value of the goods.
The seller is obligated to refund the purchase amount to the buyer without undue delay and no later than 14 days from the day the seller received notification of the buyer’s decision to exercise the right of withdrawal. The seller has the right to withhold the refund until he/she has received the goods from the buyer, or until the buyer has provided documentation that the goods have been returned.
9. Delay and Non‑Delivery – 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, in accordance with the rules in Chapter 5 of the Consumer Purchases Act, depending on the circumstances, withhold payment, demand fulfillment, terminate the agreement, and/or claim compensation from the seller.
For evidentiary reasons, notifications regarding remedies for breach of contract should be made in writing (for example, by email).
Fulfillment
The buyer may uphold the purchase and demand fulfillment from the seller. However, the buyer cannot demand fulfillment if there is an obstacle the seller cannot overcome, or if fulfillment would cause such a great inconvenience or cost to the seller that it would be in significant disproportion to the buyer’s interest in having the seller fulfill the agreement. If the obstacle ceases within a reasonable time, the buyer may still demand fulfillment.
The buyer loses the right to demand fulfillment if he or she waits an unreasonably long time before making the claim.
Termination
If the seller does not deliver the goods at the agreed delivery time, the buyer shall urge the seller to deliver within a reasonable additional deadline. If the seller does not deliver within this additional deadline, 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 essential for the conclusion of the agreement, or if the buyer has informed the seller that the delivery time is essential.
If the goods are delivered after the additional deadline set by the consumer or after the delivery time that was essential for the conclusion of the agreement, a claim for termination must be made within a reasonable time after the buyer became aware of the delivery.
Compensation
The buyer may claim compensation for losses suffered as a result of the delay. 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 foreseen at the time of the agreement, avoided, or overcome.
10. Defect in the Goods – 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 the defect was discovered or should have been discovered, stating that he or she wishes to invoke the defect. The buyer has always complained in time if this 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 possession of the goods. If the goods or parts of them are intended to last significantly longer than two years, the complaint deadline 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 Purchases Act, depending on the circumstances, withhold payment, choose between repair and replacement, demand a price reduction, terminate 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 between demanding repair of the defect or delivery of equivalent goods. However, the seller may oppose the buyer’s demand if fulfilling the demand is impossible or would cause unreasonable costs for the seller. Repair or replacement must be carried out within a reasonable time. As a general rule, the seller is not entitled to more than two attempts at remedying 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 value of the goods in defective and contractual condition. If special reasons justify it, the price reduction may instead be set equal to the significance of the defect for the buyer.
Termination
If the goods are not repaired or replaced, the buyer may also terminate the purchase if the defect is not insignificant.
11. Seller’s Rights in the Event of Buyer’s Breach of Contract
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, in accordance with the rules in Chapter 9 of the Consumer Purchases Act, depending on the circumstances, withhold the goods, demand fulfillment of the agreement, terminate the agreement, and/or claim compensation from the buyer. The seller may also, depending on the circumstances, claim interest on late payment, debt collection fees, and a reasonable fee for uncollected goods.
Fulfillment
The seller may uphold the purchase and demand that the buyer pay the purchase price. If the goods have not been delivered, the seller loses this right if he waits an unreasonably long time before making the claim.
Termination
The seller may terminate the agreement if there is significant non‑payment or other significant 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 payment and the buyer does not pay within this deadline, the seller may terminate the purchase.
Interest on 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 under the Late Payment Interest 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 cover only the seller’s actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age.
12. Guarantee
A guarantee provided 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 or claim remedies for delay or defects under sections 9 and 10.
13. Personal Data
The data controller for collected personal data is the seller. Unless the buyer consents to something else, 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 required by law.
14. Dispute Resolution
Complaints must be directed to the seller within a reasonable time, cf. sections 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is not successful, the buyer may contact the Norwegian Consumer Authority for mediation. The Consumer Authority is available by phone at 23 400 600 or at www.forbrukertilsynet.no.
The European Commission’s complaint 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. The complaint can be submitted here: http://ec.europa.eu/odr..
