Terms and conditions

GENERALLY

This purchase is governed by the following standard terms and conditions of sale for consumer purchases of goods over the Internet. Consumer purchases here mean the sale of goods to a consumer who is not primarily acting as part of a commercial activity, and when the seller acts in a commercial activity by selling goods over the Internet.

Sales to consumers are regulated, among other things, in the Consumer Purchase Act and the Right of Withdrawal Act.

THE AGREEMENT

The agreement between the buyer and the seller consists of the information the seller provides about the purchase in the ordering solution in the online store (including, among other things, information about the nature of the goods, quantity, quality, other properties, price and delivery terms), any direct correspondence between the parties (for example, e-mail) and these terms of sale.

In the event of a conflict between the information provided by the seller regarding the purchase in the ordering solution in the online store, direct correspondence between the parties and the terms of the terms of sale, direct correspondence between the parties and the information provided in the ordering solution shall take precedence over the terms of sale, unless it conflicts with binding legislation.

THE PARTIES

Seller

All by Spill AS

[email protected]

Pellygata 57

Buyer is the person who places the order.

PRICES

The prices stated in the online store include VAT unless the buyer chooses to display prices excluding VAT or is registered as a user from a country outside Norway. Information about the total costs the buyer must pay, including all taxes (VAT, customs, etc.) and delivery costs (shipping, postage, invoice fees, packaging, etc.) as well as specification of the individual elements of the total price, is provided in the ordering solution before the order is placed. (Deliveries of goods abroad, Svalbard or Jan Mayen shall be sold without the addition of VAT.)

CONCLUSION OF AGREEMENT

The agreement is binding on both parties when the buyer's order has been received by the seller. However, a party is not bound by the agreement if there has been a typing or typing error in the seller's offer in the ordering solution in the online store or in the buyer's order, and the other party realized or should have realized that there was such an error.

Allocation of products may occur, in which case your order may be reduced or deleted. As a buyer, you have no right of return or the ability to cancel pre-sales/preorders.

ORDER CONFIRMATION

You will receive an order confirmation by email immediately after the purchase has been completed. It is recommended that the buyer check that the order confirmation matches the order with regard to quantity, item type, price, etc. If there is a discrepancy between the order and the order confirmation, the buyer should contact the seller as soon as possible.

PAYMENT

The seller may require payment for the item from the time it is shipped from the seller to the buyer. If the buyer uses a credit or debit card for payment, the seller may reserve the purchase price on the card at the time of ordering.

A credit card is a payment card where the payment for the purchase is made afterwards by the creditor (credit card company) sending the cardholder an invoice with a demand for payment. A debit card is a payment card linked to a deposit account. Using the card means that the user's account is debited and the amount is transferred to the payee's account.

When paying by credit card, the Act on Credit Purchases etc. will apply.

When exercising the right of withdrawal or crediting, it takes 2-7 business days before the amount is refunded.

DELIVERY, ETC.

Delivery of the goods from the seller to the buyer takes place in the manner, at the place and at the time specified in the order solution in the online store. If the delivery time is not stated in the order solution or the e-mail accompanying the order confirmation, the seller shall deliver the goods to the buyer within a reasonable time and no later than 30 days after the order from the customer. If the seller is to ensure that the goods are sent to the buyer, he is obliged to have the goods transported to the destination in a suitable manner and on the usual terms for such transport. The destination is at the buyer's place unless otherwise specifically agreed between the parties.

Estimated delivery time is 3-5 days for in-stock items.

THE RISK OF THE GOODS

The risk of the goods passes to the buyer when the thing has been taken over by the buyer in accordance with the agreement. If the delivery time has arrived and the buyer fails to take over a good that has been placed at his or her disposal in accordance with the agreement, the buyer still bears the risk of loss or damage due to the properties of the good itself.

RIGHT OF CANCELLATION

The buyer may cancel the purchase of the goods in accordance with the provisions of the Norwegian Right of Cancellation Act. The right of cancellation means that the buyer can return the goods to the seller without reason, even if there is no defect in them and even if they have not been delivered. The buyer must notify the seller of the use of the right of cancellation within 14 days of receiving the goods, the prescribed information about the right of cancellation and the right of cancellation form.

If the buyer receives the cancellation form and the necessary information at a later time than when the goods are delivered, the cancellation period begins to run from the day the buyer receives the cancellation form and the information. If the buyer has not received sufficient information or the cancellation form, the cancellation period will still expire 3 months after the goods are received. If the buyer has not received information about the right of cancellation at all, the period will be 1 year.

The notification from the buyer to the seller about exercising the right of withdrawal should, for evidentiary purposes, be in writing (right of withdrawal form, email, fax or letter), and it must contain information about how the buyer will return the goods to the seller.

The buyer must, without undue delay, and no later than 14 days from notification after the right of withdrawal was granted, return the goods, or hand them over to the seller if the seller has not offered to collect the goods.

If the buyer has expressly chosen a type of delivery other than the standard delivery offered by the seller, the seller shall nevertheless not pay the additional costs incurred.

The refund shall be made without undue delay, and no later than 14 days from the date on which 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 fees as a result of the refund.

The seller may withhold the refund until the goods have been received, or until the buyer has provided documentation that the goods have been returned. This does not apply when the seller has offered to collect the goods.

The buyer must bear the costs of returning the goods if the right of withdrawal is exercised.

The buyer may examine the product before he or she regrets the purchase. The goods must, however, be able to be returned to the seller in approximately the same condition and quantity as when the buyer received them. The seller may require the consumer to compensate for any reduction in value resulting from the buyer's handling of the goods that has not been necessary to determine the nature, properties and function of the goods.

The buyer should return the item to the seller in the original packaging if possible. The buyer cannot cancel the purchase of goods that deteriorate quickly, goods that are not suitable for return for health or hygiene reasons, or sound and image recordings (including CDs, DVDs) or computer programs where the seal has been broken.

EXAMINATION OF THE GOODS

When the buyer receives the goods, it is recommended that he or she reasonably examines whether they are in accordance with the order, whether they have been damaged during transport or whether they are otherwise defective. If the goods do not comply with the order or are defective, the buyer must notify the seller by means of a complaint, cf. the contract's clause on "Complaints in case of defects and deadline for reporting claims in case of delay".

COMPLAINT IN CASE OF DEFICIENCY AND DEADLINE FOR NOTIFYING CLAIMS IN CASE OF DELAY

If there is a defect in the goods, 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 deadline may never be shorter than two months from the time the consumer discovered the defect.

Complaints must nevertheless be made no later than two years after the buyer took over the goods. If the goods or parts of them are intended to last significantly longer, the complaint period is five years. In the event of a delay, the claim must be made to the seller within a reasonable time after the delivery time has arrived and the goods have not been delivered. If the goods were paid for by credit card, the buyer can also choose to complain and send the claim directly to the credit provider (credit card company). The message to the seller or credit provider should be in writing (e-mail, fax or letter).

BUYER'S RIGHTS IN THE EVENT OF DELAY

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 Purchase Act, withhold the purchase price, demand fulfillment, terminate the agreement and demand compensation from the seller, depending on the circumstances.

Fulfillment: If the seller does not deliver the goods at the time of delivery, the buyer may maintain the purchase and set a reasonable additional deadline for fulfillment from the seller. However, the buyer may not demand fulfillment if there is an obstacle that the seller cannot overcome or if fulfillment would entail such a great inconvenience or cost for the seller that it is significantly disproportionate to the buyer's interest in the seller's fulfillment. If the difficulties disappear within a reasonable time, the consumer may demand fulfillment.

Cancellation: The buyer may cancel the agreement with the seller if the delay is significant or if the seller does not deliver the goods within the additional period for performance set by the buyer. However, the buyer may not cancel the agreement while the additional period is running, unless the seller has said that he or she will not perform within the period.

Compensation: The buyer may also claim compensation for losses he or she suffers as a result of the seller's delay, cf. Section 24 of the Consumer Purchase Act.

The buyer must notify the seller of a claim in the event of a complaint, cf. this contract's section on "Complaints in the event of a defect and deadline for reporting claims in the event of a delay".

BUYER'S RIGHTS IN THE EVENT OF DEFECT

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 the Consumer Purchase Act, Chapter 6, depending on the circumstances, withhold the purchase price, choose between correction and replacement, demand a price reduction, demand the contract be terminated and compensation from the seller.

Correction or replacement: If the goods have a defect, the buyer may demand that the seller correct the defect or replace the goods with a similar one. The seller may object to the buyer's claim if the implementation of the claim is impossible or causes the seller unreasonable costs.

The seller shall make the correction or re-delivery within a reasonable time. Correction or re-delivery shall be made at no cost to the buyer, without risk of the buyer not being able to cover his expenses and without significant inconvenience to the buyer. The seller may not make more than two attempts at correction or re-delivery for the same defect, unless there are special reasons that make further attempts reasonable.

Even if the buyer does not demand correction or replacement, the seller may offer correction or replacement if this is done without delay. If the seller arranges for such correction or replacement, the buyer may not demand a price reduction or increase.

Price reduction: If the defect is not corrected or replaced, the buyer may demand a proportional price reduction.

Cancellation: Instead of a price reduction, the buyer may cancel the agreement, except when the defect is insignificant.

Compensation: The buyer may also claim compensation for financial loss he or she suffers as a result of the product having a defect, cf. Section 33 of the Consumer Purchase Act.

The buyer must notify the seller of a claim in the event of a complaint, cf. this contract's section "Complaint in the event of a defect and deadline for reporting a claim in the event of a 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.

SELLER'S RIGHTS IN THE EVENT OF BUYER'S DEFAULT

If the buyer does not pay or fulfill the other obligations under the agreement, and this is not due to the seller or circumstances on the seller's part, the seller may, in accordance with the rules in the Consumer Purchase Act, Chapter 9, depending on the circumstances, withhold the goods, demand fulfillment of the agreement, demand termination of the agreement and compensation from the buyer. The seller may also, depending on the circumstances, demand interest for late payment, collection fees and fees for non-prepaid, uncollected goods.

Fulfillment: If the buyer does not pay, the seller can maintain the purchase and demand that the buyer pay the purchase price (fulfillment). If the goods are not delivered, the seller loses his right if he waits an unreasonable amount of time before making the claim. • Cancellation: In the event of a material default on payment or other material breach by the buyer, the seller can cancel the agreement. However, the seller cannot cancel after the purchase price has been paid.

The seller may also cancel the purchase if the buyer does not pay within a reasonable additional period for performance that the seller has set. However, the seller may not cancel while the additional period is running, unless the buyer has said that he or she will not pay.

Compensation: The seller may claim compensation from the buyer for financial loss he or she suffers as a result of a breach of contract by the buyer, cf. Section 46 of the Consumer Purchase Act.

Interest on late payment/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 Act on Interest on Late Payment. In the event of non-payment, the claim may, after prior notice, be sent to debt collection, and the buyer may then be held liable for fees under the Act on Debt Collection and Other Collection of Overdue Monetary Claims.

Fee for uncollected, non-prepaid goods: If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee of NOK 500,- + return shipping. The fee shall not exceed the seller's actual expenses for delivering the goods to the buyer. Such a fee may not be charged to buyers under the age of 18.

WARRANTY

A guarantee provided by the seller or manufacturer gives the buyer rights in addition to the rights the buyer already has under mandatory legislation. A guarantee therefore does not imply any limitations on the buyer's right to make complaints and claims in the event of delay or defects under the sections "Buyer's rights in the event of delay" and "Buyer's rights in the event of defects".

PERSONAL INFORMATION

Unless the buyer agrees otherwise, the seller may only collect and store the personal data that is necessary for the seller to be able to carry out the obligations under the agreement. The personal data of buyers under the age of 15 cannot be collected unless the seller has the consent of parents or guardians. The buyer's personal data shall only be disclosed to others if it is necessary for the seller to carry out the agreement with the buyer, or in cases prescribed by law. The seller may only collect the buyer's social security number if there is a factual need for secure identification and such collection is necessary.

If the seller wants to use the buyer's personal data for other purposes, for example to send the buyer advertising or information beyond what is necessary to carry out the agreement, the seller must obtain the buyer's consent when concluding the agreement. The seller must provide the buyer with information about what the personal data will be used for and who will use the personal data. The buyer's consent must be voluntary and given by an active action, for example by checking a box.

The buyer should be able to easily contact the seller, for example by telephone or email, if he or she has questions about the seller's use of personal data or if he or she wants the seller to delete or change the personal data.

COOKIES

Our online store contains so-called cookies. You can browse the online store without cookies, but you cannot make purchases. We use cookies to manage the contents of your shopping cart. It is a text file that is stored on your computer. We also store information about whether you have chosen to view the category pages with or without images. If your browser or firewall is set to prevent the storage of cookies, the website may stop working or you may have problems making a sale.

CONFLICT RESOLUTION

The parties shall attempt to resolve any disputes amicably. The buyer may contact the Consumer Council for assistance in any dispute with the seller. If an amicable solution is not achieved after mediation in the Consumer Council, the parties may request in writing that the Consumer Council refer the dispute to the Consumer Disputes Committee. 13) The decision of the Consumer Disputes Committee is legally binding four weeks after notification. Before the decision becomes legally binding, the parties may, by submitting a summons to the Consumer Disputes Committee, bring the decision before the district court.

13) See the Act of 1 March 2017 on the Consumer Complaints Board (Consumer Complaints Act).