THE RIGHT TO CANCEL THE ORDER AND RETURN THE PRODUCT(S)
The buyer may regret the purchase of the item in accordance with the provisions of the Right of Withdrawal Act. Right of withdrawal means that the buyer can return the item to the seller without reason, even if there is no defect in it and even if it has not been delivered. The buyer must notify the seller of the use of the right of withdrawal within 14 days after the item, the prescribed information about the right of withdrawal and the right of withdrawal form has been received. If the buyer receives the cancellation form and the necessary information at a later time than upon delivery of the goods, the cancellation period begins to run from the day the buyer receives the right of withdrawal form and the information. If the buyer has not received sufficient information or a right of withdrawal form, the withdrawal period will still expire 3 months after the item has been received. If the buyer has not received information about the right of withdrawal at all, the deadline will be 1 year.
The notification from the buyer to the seller about the use of the right of withdrawal should, for evidentiary reasons, be in writing (right of withdrawal form, e-mail, fax or letter), and it must contain information on how the buyer will return the item to the seller. The buyer shall, without undue delay, and no later than 14 days from notification after the right of withdrawal was granted, send the goods back, or hand them over to the seller if the seller has not offered to pick up the goods. If the buyer has expressly chosen a different type of delivery than the standard delivery offered by the seller, the seller shall nevertheless not pay the additional costs this entailed. Refund shall be made without undue delay, and no later than 14 days from when the seller was notified of the buyer’s decision to exercise the right of withdrawal. Unless otherwise expressly agreed with the buyer, the refund shall be made using the same means of payment as the buyer used. The buyer shall not pay any fee as a result of the refund.
The seller can withhold the refund until the goods have been received, or until the buyer has submitted documentation that the goods have been returned. This does not apply when the seller has offered to pick up the goods. The buyer must bear the cost of returning the goods if the right of withdrawal is used. The buyer can examine the product before he or she regrets the purchase. It must still be possible to return the item to the seller in approximately the same condition and quantity as it was in when the buyer received it. The seller may demand that the consumer compensate for the reduction in value as a result of the buyer’s handling of the goods which has not been necessary to determine the nature, properties and function of the goods. The buyer should send the item back to the seller in the original packaging if possible. The buyer can not regret the purchase of goods that deteriorate rapidly, goods that for reasons of health or hygiene are not suitable for return, or of audio and video recordings (including CDs, DVDs) or computer programs where the seal is broken.
EXAMINATION OF THE ITEM
When the buyer receives the item, it is recommended that he or she to a reasonable extent check whether it is in accordance with the order, whether it has been damaged during transport or whether it otherwise has defects. If the item does not match the order or has defects, the buyer must notify the seller in the event of a complaint, cf. the contract’s clause on “Complaints in the event of defects and deadline for reporting claims in the event of delay”.
COMPLAINT IN THE EVENT OF DEFICIENCY & DEADLINE FOR NOTIFYING CLAIMS IN THE EVENT OF DELAY
If there is a defect in the item, the buyer must, within a reasonable time after he or she discovered it, notify the seller that he or she will invoke the defect. The time limit can never be shorter than two months from the time when the consumer discovered the defect. Complaints must still be made no later than two years after the buyer took over the item. If the item or parts of it are intended to last significantly longer, the complaint period is five years. In the event of a delay, claims must be made to the seller within a reasonable time after the delivery time has come and the item has not been delivered. If the item is paid for with a credit card, the buyer can also choose to advertise and send claims directly to the credit provider (the credit card company). The message to the seller or creditor should be in writing (email, fax or letter).
BUYER’S RIGHTS IN THE EVENT OF DELAY
If the seller does not deliver the goods or delivers them too 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, according to the rules in Chapter 5 of the Consumer Purchase Act, withhold the purchase price, demand fulfilment, terminate the agreement and claim compensation from the seller.
Fulfilment: If the seller does not deliver the item at the time of delivery, the buyer can maintain the purchase and set a reasonable additional deadline for fulfilment from the seller. However, the buyer can not demand fulfilment if there is an obstacle that the seller can not overcome or if fulfilment will entail such a great inconvenience or cost for the seller that it is significantly disproportionate to the buyer’s interest in the seller fulfilling. If the difficulties disappear within a reasonable time, the consumer can demand fulfilment.
Cancellation: The buyer may terminate the agreement with the seller if the delay is significant or if the seller does not deliver the goods within the additional deadline for fulfilment set by the buyer. However, the buyer can not cancel the agreement while the additional deadline runs, unless the seller has said that he or she will not fulfil within the deadline.
Compensation: The buyer can further claim compensation for loss he or she suffers as a result of the delay on the part of the seller, cf. the Consumer Purchase Act § 24.
The buyer must report claims to the seller in the event of a complaint, cf. this contract’s clause on “Complaints in the event of defect and deadline for reporting claims in the event of delay”.
BUYER’S RIGHTS IN THE EVENT OF DEFICIENCY
If the item has a defect and this is not due to the buyer or conditions on the buyer’s side, the buyer can according to the rules in the Consumer Purchase Act Chapter 6 depending on the circumstances withhold the purchase price, choose between correction and re-delivery, demand price reduction, claim agreement terminated and compensation from the seller. Correction or re-delivery: If the item has a defect, the buyer can demand that the seller correct the defect or re-deliver the corresponding item. The seller may oppose the buyer’s claim if the execution of the claim is impossible or the seller causes unreasonable costs.
The seller must make the correction or replacement within a reasonable time. Correction or whether delivery is to be made at no cost to the buyer, without risk that the buyer will not be reimbursed for his expenses and without significant inconvenience to the buyer. The seller may not make more than two attempts at rectification or re-delivery for the same defect, unless there are special reasons that make further attempts reasonable. Although the buyer does not require correction or replacement, the seller can offer correction or replacement if this happens without delay. If the seller provides for such correction or re-delivery, the buyer can not demand a price reduction or cancellation.
Price reduction: If the defect is not corrected or re-delivered, the buyer can demand a proportionate price reduction.
Cancellation: Instead of a price reduction, the buyer can cancel the agreement, except when the defect is insignificant.
Compensation: The buyer can also claim compensation for financial loss he or she suffers as a result of the product being defective, cf. section 33 of the Consumer Purchase Act.
The buyer must report a claim to the seller in the event of a complaint, cf. the clause in this contract “Complaint in the event of defect and deadline for reporting a claim in the event of delay”. The rules on complaints apply in addition to, and independently of, the rules on the right of withdrawal and any guarantees provided by the seller.
THE SELLER’S RIGHTS IN THE EVENT OF THE BUYER’S DISAPPOINTMENT
If the buyer does not pay or fulfil the other obligations under the agreement, and this is not due to the seller or circumstances on the seller’s part, the seller may, according to the rules in the Consumer Purchase Act chapter 9, withhold the item, demand fulfilment of the agreement, demand termination of the agreement and compensation from the buyer. The seller may also, depending on the circumstances, be able to claim interest in the event of late payment, collection fee and fee for non-prepaid uncollected goods.
Fulfilment: If the buyer does not pay, the seller can maintain the purchase and demand that the buyer pays the purchase price (fulfilment). If the item is not delivered, the seller loses his right if he waits unreasonably long to advance the claim. Termination: In the event of a material default or other significant default by the buyer, the seller may terminate the agreement. However, the seller can not withdraw after the purchase price has been paid.
The seller can also cancel the purchase if the buyer does not pay within a reasonable additional deadline for fulfilment set by the seller. However, the seller can not withdraw while the additional deadline runs, unless the buyer has said that he or she will not pay.
Compensation: The seller can demand compensation from the buyer for financial loss he or she suffers as a result of a breach of contract on the part of the buyer, cf. the Consumer Purchase Act § 46.
Interest on late payment / collection fee: If the buyer does not pay the purchase price in accordance with the agreement, the seller can demand interest on the purchase price in accordance with the Act on interest on late payment. In the event of non-payment, the claim may, after prior notice, be sent for collection, and the buyer may then be held liable for fees in accordance with the Debt Collection Act and other collection of overdue monetary claims.
Fee for uncollected non-prepaid goods: If the buyer fails to collect unpaid goods, the seller can charge the buyer with a fee of NOK 500 + return shipping. The fee shall cover a maximum of the seller’s actual expenses for delivering the goods to the buyer. Such a fee can not be charged to buyers under 18 years of age.
