Terms

Terms of Sale

Introduction

This purchase is governed by the standard terms of sale below for consumer purchases of goods over the Internet. Consumer purchases online are mainly regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Withdrawal Act and the E-commerce Act, and these laws provide the consumer with mandatory rights. The laws are available at www.lovdata.no. The terms of this agreement shall not be understood as any limitation of statutory rights, but set out the main rights and obligations of the parties in the transaction.

These terms of sale have been 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 of sale, information provided in the ordering solution and any specially agreed terms. In the event of any conflict between the information, what has been specifically agreed between the parties shall take precedence, provided this does not conflict with mandatory legislation.

The agreement will also be supplemented by relevant statutory provisions governing the purchase of goods between businesses and consumers.

2. The Parties

The seller is TITANBAR AS, Waldemar Thranes gate 49C, 0173 OSLO, support@titanbar.com, and is hereinafter referred to as the seller.

The buyer is the consumer who places the order and is hereinafter referred to as the buyer.

3. Price

The stated price in NOK for the goods and services is the total price the buyer must pay. This price includes all taxes and additional costs. Any further costs that the seller has not informed about prior to the purchase shall not be borne by the buyer.

4. Conclusion of the Agreement

The agreement is binding on both parties once the buyer has submitted their order to the seller.

However, the agreement is not binding if there has been a typing or input error in the seller’s offer in the ordering solution or in the buyer’s order, and the other party realized or should have realized that such an error had occurred.

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 pays by credit or debit card, the seller may reserve the purchase amount on the card at the time of ordering. The card will be charged on the same day the goods are shipped.

If payment is made by invoice, the invoice is issued when the goods are shipped. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt.

Buyers under 18 years of age cannot pay by invoice.

6. Delivery

Delivery has taken place when the buyer, or their representative, has taken possession of the goods.

If no delivery time is stated in the ordering solution, the seller shall deliver the goods 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.

7. Risk of the Goods

The risk of the goods passes to the buyer when the buyer, or their representative, has 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 cancel the purchase 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 when the period begins. All calendar days are included. If the deadline falls on a Saturday, public holiday or official holiday, it is extended to the next working day.

The withdrawal period is considered met if the notice is sent before the deadline expires. The buyer bears the burden of proof that the right of withdrawal has been exercised and the notice should therefore be given in writing, for example withdrawal form, email or letter.

The withdrawal period begins:

- For single goods, the day after the goods are received.

- For subscriptions or regular delivery of identical goods, the day after the first delivery is received.

- For purchases consisting of several deliveries, the day after the final delivery is  received.

The withdrawal period is extended to 12 months after the original deadline if the seller has not informed the buyer of the right of withdrawal and the standard withdrawal form before the agreement was concluded. The same applies if information about conditions, time limits and procedures for using the right of withdrawal is missing. If the seller provides the information within these 12 months, the withdrawal period expires 14 days after the buyer receives 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 after notification has been given. The buyer covers the direct cost of returning the goods unless otherwise agreed or the seller has failed to inform that the buyer must bear the return costs. The seller may not charge a fee for use of the right of withdrawal.

The buyer may test the goods in a careful manner to determine their nature, characteristics and function without losing the right of withdrawal. If testing goes beyond what is reasonable and necessary, the buyer may be liable for any reduced value of the goods.

The seller is obliged to refund the purchase amount without undue delay and no later than 14 days from when the seller received notice of the buyer’s decision to use the right of withdrawal. The seller has the right to withhold payment until the goods have been received or until the buyer has provided documentation that the goods have been returned.

Return address:
Breivikveien 31
4014 Stavanger

9. Delay and Non-delivery – Buyer’s Rights and Deadline for Claims

If the seller fails to deliver the goods or delivers them late in accordance with the agreement, and this is not due to the buyer or circumstances on the buyer’s side, the buyer may, in accordance with Chapter 5 of the Consumer Purchases Act, withhold payment, demand performance, cancel the agreement and/or claim compensation.

For evidentiary reasons, such claims should be made in writing, for example by email.

Performance

The buyer may insist on the purchase and demand performance. However, performance cannot be demanded if there is an obstacle the seller cannot overcome or if performance would cause the seller such a great disadvantage or cost that it would be grossly disproportionate to the buyer’s interest. If the difficulties disappear within a reasonable time, the buyer may still demand performance.

The buyer loses the right to demand performance if they wait unreasonably long to make the claim.

Cancellation

If the seller does not deliver at the agreed delivery time, the buyer shall encourage the seller to deliver within a reasonable additional deadline. If delivery does not take place within this period, the buyer may cancel the purchase.

The buyer may cancel immediately if the seller refuses to deliver. The same applies if delivery at the agreed time was decisive for the agreement or if the buyer has informed the seller that delivery time is crucial.

If the goods are delivered after the additional deadline or after the decisive delivery time, cancellation must be claimed 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, unless the seller proves that the delay was caused by an obstacle beyond the seller’s control which could not reasonably have been foreseen, avoided or overcome.

10. Defects – Buyer’s Rights and Complaint Period

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. A complaint is always considered timely if made within 2 months of discovering the defect. The complaint may be made no later than two years after takeover of the goods. If the goods or parts thereof are intended to last significantly longer than two years, the complaint period is five years.

If the goods are defective and this is not due to the buyer, the buyer may, under Chapter 6 of the Consumer Purchases Act, withhold payment, choose between repair or replacement, demand a price reduction, cancel the agreement and/or claim compensation.

Complaints should be made in writing.

Repair or Replacement

The buyer may choose between repair or replacement. The seller may oppose the claim if it is impossible or entails unreasonable costs. Repair or replacement must be carried out within a reasonable time. The seller does not normally have the right to more than two attempts to remedy the same defect.

Price Reduction

The buyer may demand an appropriate price reduction if the defect is not remedied or the goods are not replaced. This means the relationship between reduced and agreed price corresponds to the relationship between the value of the goods in defective and contractual condition. In special cases, the reduction may instead reflect the significance of the defect for the buyer.

Cancellation

If the goods are not repaired or replaced, the buyer may cancel the purchase if the defect is not insignificant.

11. Seller’s Rights in Case of Buyer’s Default

If the buyer does not pay or otherwise fails to fulfil obligations, and this is not due to the seller, the seller may, under Chapter 9 of the Consumer Purchases Act, withhold the goods, demand performance, cancel the agreement and/or claim compensation. The seller may also claim interest on late payment, debt collection fees and a reasonable fee for uncollected goods.

Performance

The seller may insist on the purchase and demand payment. If the goods have not been delivered, the seller loses this right if they wait unreasonably long to make the claim.

Cancellation

The seller may cancel the agreement in the case of substantial payment default or other significant breach. Cancellation cannot occur if the full amount has been paid. If the seller sets a reasonable additional deadline and the buyer fails to pay within it, the seller may cancel the purchase.

Interest and Collection Fees

If the buyer does not pay, the seller may charge interest in accordance with the Late Payment Interest Act. After prior notice, the claim may be sent to collection and the buyer may be liable for fees under the Debt Collection Act.

Fee for Uncollected Goods

If the buyer fails to collect unpaid goods, the seller may charge a fee covering actual costs of delivery. This cannot be charged to buyers under 18 years of age.

12. Warranty

Any warranty provided by the seller or manufacturer gives rights in addition to those provided by mandatory law and does not limit the buyer’s right to claim defects or delays as stated in sections 9 and 10.

13. Personal Data

The seller is the data controller for collected personal data. Unless the buyer consents otherwise, personal data will only be collected and stored as necessary to fulfil the agreement. Data will only be shared if required to complete the agreement or as 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 seek to resolve disputes amicably. If this fails, the buyer may contact the Norwegian Consumer Council for mediation at +47 23 400 500 or www.forbrukerradet.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. Complaints can be filed here:
http://ec.europa.eu/odr