Terms of Purchase, Skogens Rom AS, as of December 2024
Introduction
This purchase is governed by the following standard terms and conditions for consumer purchases of services over the Internet. Consumer purchases over the Internet are primarily regulated by Norwegian laws like the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act, which provide consumers with non-waivable rights. These laws are available at www.lovdata.no. The terms of this agreement are not to be understood as limiting statutory rights but outline the key rights and obligations of the parties involved in the transaction.
The terms of sale have been prepared and recommended by the Norwegian Consumer Authority "Forbrukertilsynet".
Agreement
The agreement consists of these terms and conditions, information provided in the booking system, and any specifically agreed-upon terms. In the event of a conflict between the information provided, any specifically agreed-upon terms between the parties take precedence, provided they do not contravene mandatory legislation.
The agreement is also supplemented by relevant legal provisions governing the purchase of services between businesses and consumers.
Parties
The seller is Skogens Rom AS, C/O Bodil Sandøy Tveitan, Vrangfossvegen 623, 3825 Lunde, koko@skogensrom.no, organization number 934 195 027, hereinafter referred to as the seller.
The buyer is the consumer who places the order, hereinafter referred to as the buyer.
**Price**
The stated price for the service is the total amount the buyer must pay, including all fees and additional costs. Any additional charges not disclosed by the seller before the purchase shall not be borne by the buyer.
Conclusion of Agreement
The agreement becomes binding for both parties when the buyer has submitted an order to the seller.
However, the agreement is not binding if there has been a clerical or typographical error in the seller’s offer in the online store or in the buyer’s order, and the other party realized or should have realized the error.
Payment
Payment is made by credit card or Vipps. If the buyer uses a credit or debit card for payment, the seller may reserve the purchase amount on the card upon ordering. The card will be charged on the same day the order is placed. If Vipps is chosen as the payment method, the customer will be charged immediately.
Delivery
The service is considered delivered on the day the customer starts using it.
Risk for the Service
The risk for the service passes to the buyer when they or their representative start using it, in accordance with section 6.
Right of Withdrawal
The right of withdrawal does not apply to one-time services scheduled for a specific date or within a specific period, cf. the Right of Withdrawal Act § 19. You can modify your reservation up to 24 hours before the original booking time. We do not accept cancellations or provide refunds, but we will help you reschedule your booking up to one year in advance, provided we are notified at least 24 hours before the booking starts.
Delay and Non-Delivery – Buyer’s Rights and Claim Deadlines
If the seller fails to deliver the service or delivers it late according to the agreement, and this is not due to the buyer or circumstances on the buyer’s side, the buyer may, according to the Consumer Purchases Act, Chapter 5, withhold payment, demand fulfillment, cancel the agreement, and/or claim compensation from the seller.
Claims should be made in writing (e.g., via email) for documentation purposes.
Fulfillment
The buyer may insist on the purchase and require the seller to fulfill the agreement unless there is an insurmountable obstacle or fulfillment would impose an unreasonable burden or cost on the seller. If the difficulty ceases within a reasonable time, the buyer may still demand fulfillment.
The buyer loses the right to demand fulfillment if they wait an unreasonably long time to assert the claim.
Cancellation
If the seller does not deliver the service on time, the buyer must request delivery within a reasonable additional period. If the seller does not deliver within this additional period, the buyer may cancel the purchase.
The buyer may also cancel immediately if the seller refuses to deliver. The same applies if timely delivery was essential for entering into the agreement or if the buyer informed the seller that the delivery date was critical.
If the item is delivered after the additional period or the critical delivery date, the buyer must assert their cancellation claim within a reasonable time after being informed of the delivery.
Compensation
The buyer may claim compensation for losses due to the delay unless the seller proves that the delay was caused by an obstacle beyond their control that could not have been foreseen, avoided, or overcome.
Defects in the Service – Buyer’s Rights and Complaint Deadline
If there is a defect in the service, the buyer must notify the seller within a reasonable time after discovering or should have discovered the defect. A complaint is always timely if made within two months of discovering the defect.
If the service is defective and this is not due to the buyer, they may, according to the Consumer Purchases Act, Chapter 6, withhold payment, choose between rectification or replacement, claim a price reduction, cancel the agreement, and/or claim compensation from the seller.
Complaints should be made in writing.
Correction or Replacement
The buyer may choose between correction or replacement. However, the seller may refuse if it is impossible or involves unreasonable costs. Correction or replacement must be made within a reasonable time, and the seller generally has no more than two attempts to rectify the same defect.
Price Reduction
The buyer may demand an appropriate price reduction if the service is not corrected or replaced.
Cancellation
If the service is not corrected or replaced, the buyer may cancel the purchase if the defect is significant.
Seller’s Rights in Case of Buyer’s Breach of Contract
If the customer fails to pay or fulfill other obligations under the agreement or the law, and this is not due to the seller, the seller may, according to the Consumer Purchases Act, Chapter 9, cancel the agreement. The seller may also claim interest for late payment and collection fees.
Cancellation
The seller may cancel the agreement if there is significant payment default or another material breach by the buyer. However, cancellation is not possible if the full purchase amount has been paid. If the seller sets a reasonable additional deadline for payment and the customer does not pay within this period, the seller may cancel the purchase.
Interest on Late Payment/Collection Fees
If the customer fails to pay on time, the seller may charge interest according to the Late Payment Interest Act. If payment is not made, the claim may, after prior notice, be sent for collection, and the customer may be liable for collection fees under the Collection Act.
Warranty
Any warranty provided by the seller or manufacturer grants the buyer rights in addition to those already granted by non-waivable legislation.
Personal Data
The seller is responsible for processing collected personal data. Unless the buyer agrees otherwise, the seller may only collect and store personal data necessary to fulfill obligations under the agreement. Buyer information will only be disclosed if necessary to fulfill the agreement or as required by law.
Dispute Resolution
Complaints should be directed to the seller within a reasonable time. The parties should attempt to resolve disputes amicably. If unsuccessful, the buyer may contact the Norwegian Consumer Authority for mediation.
The European Commission’s complaint portal is also available for consumers residing in another EU country: http://ec.europa.eu/odr.