Standard sales conditions for consumer purchases of goods over the Internet

This purchase is governed by the below standard sales conditions for consumer purchases of goods over the Internet. Consumer purchases over the internet are mainly regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Cancellation Act and the E-commerce Act, and these laws give the consumer inalienable rights. The laws are available at www.lovdata.no. The terms of this agreement are not to be understood as any limitation of the statutory rights, but set out the parties’ most important rights and obligations for the trade.

The terms and conditions of sale have been prepared and recommended by the Norwegian Consumer Protection Authority. For a better understanding of these sales conditions, see the Norwegian Consumer Protection Authority’s guide here.

1. The Agreement

The agreement consists of these terms and conditions of sale, information provided in the ordering solution and any separately agreed terms. In the event of any conflict between the information, what is separately agreed between the parties takes precedence, as long as it does not conflict with mandatory legislation.

The agreement will also be supplemented by relevant legal provisions that regulate the purchase of goods between traders and consumers.

2. The parties

Seller is

KaffeBox AS
Tunebakken 17
1725 Sarpsborg
[email protected]
915 039 375 VAT

and is hereinafter referred to as the seller/seller.

The buyer is the consumer who makes the order, and is referred to in the following as the buyer/buyer.

3. Taken

The stated price for the goods and services is the total price the buyer must pay. This price includes all taxes and additional costs. Additional costs that the seller has not informed about before the purchase shall not be borne by the buyer.

4. Conclusion of agreement

The agreement is binding for both parties when the buyer has sent his order to the seller.

The agreement is nevertheless not binding if there has been a writing or typing error in the offer from the seller 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.

5. Payments

The seller can demand payment for the item from the time it is sent from the seller to the buyer.

If the buyer uses a credit or debit card for payment, the seller can reserve the purchase price on the card when ordering. The card is charged on the same day the item is sent.

When paying by invoice, the invoice is issued to the buyer when the goods are dispatched. The payment deadline appears on the invoice and is a minimum of 14 days from receipt.

Buyers under the age of 18 cannot pay with a subsequent invoice.

6. Delivery

Delivery has taken place when the buyer, or his representative, has taken over the item.

If the delivery time is not specified in the order solution, the seller must deliver the goods to the buyer without undue delay and no later than 30 days after the order from the customer. The goods must be delivered to the buyer unless otherwise separately agreed between the parties.

7. The risk of the goods

The risk for the goods passes to the buyer when he, or his representative, has had the goods delivered in accordance with point 6.

8. Right of withdrawal

Unless the agreement is exempt from the right of cancellation, the buyer can cancel the purchase of the goods in accordance with the Right of Cancellation Act.

The buyer must notify the seller of using the right of withdrawal within 14 days of the deadline starting to run. The deadline includes all calendar days. If the deadline ends on a Saturday, holiday or bank holiday, the deadline is extended to the nearest working day.

The withdrawal period is deemed to have been met if notification is sent before the end of the period. The buyer has the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be made in writing (right of withdrawal form, e-mail or letter).

The cancellation period starts to run:

When purchasing individual items, the cancellation period will run from the day after the item(s) have been received.
If a subscription is sold, or the agreement involves regular delivery of identical goods, the deadline runs from the day after the first shipment is received.
If the purchase consists of several deliveries, the cancellation period will run from the day after the last delivery has been received.
The withdrawal period is extended to 12 months after the end of the original period if the seller does not inform the seller before the conclusion of the agreement that there is a right of withdrawal and a standardized withdrawal form. The same applies in the event of a lack of information on terms, deadlines and procedures for exercising the right of withdrawal. If the trader makes sure to provide the information during these 12 months, the cancellation period still expires 14 days after the day the buyer received the information.

When using the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days from the notification of the use of the right of withdrawal being given. The buyer covers the direct costs of returning the item, unless otherwise agreed or the seller has failed to state that the buyer must cover the return costs. The seller cannot set a fee for the buyer’s use of the right of withdrawal.

The buyer can try or test the goods in a proper way to determine the nature, properties and function of the goods, without the right of withdrawal being lost. If the examination or testing of the goods goes beyond what is reasonable and necessary, the buyer may be held liable for any reduced value of the goods.

The seller is obliged to repay the purchase price to the buyer without undue delay, and no later than 14 days from the seller receiving notification of the buyer’s decision to exercise the right of withdrawal. The seller has the right to withhold payment until he has received the goods from the buyer, or until the buyer has provided documentation that the goods have been sent back.

9. Delay and non-delivery – the buyer’s rights and deadline for reporting 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 Purchase Act, withhold the purchase price, demand performance, terminate the agreement and /or demand compensation from the seller.

In the case of claims for default powers, the notification should be in writing (for example e-mail) for reasons of evidence.

Fulfillment

The buyer can maintain the purchase and demand fulfillment from the seller. However, the buyer cannot demand fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment will cause such a great inconvenience or cost to the seller that it is significantly out of proportion to the buyer’s interest in the seller fulfilling. Should the difficulties disappear within a reasonable time, the buyer can still demand fulfillment.

The buyer loses his right to demand fulfillment if he or she waits an unreasonably long time to make the claim.

Elevation

If the seller does not deliver the goods at the time of delivery, the buyer must call on the seller to deliver within a reasonable additional deadline for fulfillment. If the seller does not deliver the goods within the additional deadline, the buyer can cancel the purchase.

However, the buyer can cancel the purchase immediately if the seller refuses to deliver the item. The same applies if delivery at the agreed time was decisive for the conclusion of the agreement, or if the buyer has notified the seller that the time of delivery is decisive.

If the item is delivered after the additional deadline set by the consumer or after the time of delivery which was decisive for the conclusion of the agreement, a claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.

Compensation

The buyer can claim compensation for a slight loss as a result of the delay. However, this does not apply if the seller proves that the delay is due to an obstacle beyond the seller’s control which could not reasonably have been taken into account at the time of the agreement, avoided or overcome the consequences of.

10. Defects in the product – the buyer’s rights and deadline for complaints

If there is a defect in the goods, the buyer must notify the seller within a reasonable time after it was discovered or should have been discovered that he or she wants to claim the defect. The buyer has always complained in sufficient time if it happens within 2 months. from the time the defect was discovered or should have been discovered. Complaints can be made no later than two years after the buyer took over the item. If the product or parts of it are intended to last significantly longer than two years, the complaint deadline is five years.

If the item has a defect and this is not due to the buyer or conditions on the buyer’s side, the buyer may, in accordance with the rules of the Consumer Purchase Act, Chapter 6, withhold the purchase price, choose between rectification and redelivery, demand a price reduction, demand the contract terminated and/or demand compensation from the seller.

Complaints to the seller should be made in writing.

Correction or redelivery

The buyer can choose between demanding that the defect be rectified or delivery of similar items. The seller can nevertheless object to the buyer’s claim if the implementation of the claim is impossible or causes the seller unreasonable costs. Correction or redelivery must be made within a reasonable time. In principle, the seller does not have the right to make more than two remedial attempts for the same defect.

Price reduction

The buyer can claim an appropriate price reduction if the item is not corrected or re-delivered. This means that the ratio between the reduced and agreed price corresponds to the ratio between the item’s value in defective and contractual condition. If there are special reasons for this, the price discount can instead be set equal to the significance of the defect for the buyer.

Elevation

If the goods have not been corrected or re-delivered, the buyer can also cancel the purchase if the defect is not insignificant.

11. The seller’s rights in the event of the buyer’s default

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 conditions on the seller’s side, 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 the agreement be canceled as well as claim compensation from the buyer. The seller will also be able, depending on the circumstances, to demand interest for late payment, debt collection fees and a reasonable fee for uncollected goods.

Fulfillment

The seller can maintain the purchase and demand that the buyer pays the purchase price. If the goods are not delivered, the seller loses his right if he waits an unreasonably long time to make the claim.

Elevation

The seller can terminate the agreement if there is a significant payment default or other significant default on the part of the buyer. The seller cannot withdraw if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for fulfillment and the buyer does not pay within this deadline, the seller can cancel the purchase.

Interest for late payment/collection fee

If the buyer does not pay the purchase price in accordance with the agreement, the seller can claim interest on the purchase price in accordance with the Late Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to the Buyer, who may then be held liable for fees in accordance with the Debt Collection Act.

Fee for uncollected, non-prepaid goods

If the buyer fails to collect unpaid goods, the seller can charge the buyer a fee. The fee shall at most cover the seller’s actual outlay for delivering the goods to the buyer. Such a fee cannot be charged to buyers under the age of 18.

12. Warranty

A warranty given by the seller or the manufacturer gives the buyer rights in addition to those the buyer already has under non-derogable legislation. A guarantee thus implies no restrictions on the buyer’s right to complaint and claim in the event of delay or defects according to points 9 and 10.

13. Personal data

The controller for collected personal data is the seller. Unless the buyer agrees otherwise, the seller, in line with the Personal Data Act, can only obtain and store the personal data that is necessary for the seller to be able to carry out the obligations under the agreement. The buyer’s personal data will only be disclosed to others if it is necessary for the seller to complete the agreement with the buyer, or in statutory cases.

14. Conflict resolution

Complaints must be addressed to the seller within a reasonable time, cf. points 9 and 10. The parties must try to resolve any disputes amicably. If this is not successful, the buyer can contact the Consumer Council for mediation. The Consumer Council is available on phone 23 400 500 or www.forbrukerradet.no.

The European Commission’s complaints portal can also be used if you wish to lodge a complaint. It is particularly relevant if you are a consumer living in another EU country. The complaint is filed here: http://ec.europa.eu/odr.

Standard Sales Conditions for Consumer Purchases of Goods over the Internet

This purchase is regulated by the Standard Sales Conditions for Consumer Purchases of Goods over the Internet, given below. Consumer purchases via the Internet are regulated primarily by the Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Cancellation Act and the E-Commerce Act, and these laws provide consumers with man- datory rights. These laws are available (in Norwegian) at www.lovdata.no. The terms of the contract are not to be understood as a limitation on legal rights, but present the parties’ most important rights and duties in regard to the purchase.

The Sales Conditions have been created and are recommended by the Norwegian Consumer Authority. For a better understanding of these Sales Conditions, see the Consumer Authority’s guidelines.

1 Contract

The contract consists of these Sales Conditions, information given in the ordering solution, and any specially agreed conditions. In the event of a conflict between pieces of information, precedence goes to what has been specially agreed between the parties, as long as this does not conflict with mandatory legislation.

In addition, the contract will be complemented by relevant statutory provisions that regulate the pur- chase of goods between traders and consumers.

2 Parties

The seller is
KaffeBox AS,
Tunebakken 17
1725 Sarpsborg
Norway
[email protected]
915 039 375 VAT

and is designated in the following as the Seller.

The purchaser is the consumer who places the order, and is designated in the following as the Purchaser.

3 Price

The stated price for the good and services is the total price to be paid by the Purchaser. This price includes all taxes and additional costs. The Purchaser shall not be charged for any further costs of which the Seller has not informed the Purchaser before the purchase.

4 Conclusion of contract

The contract is binding for both parties as soon as the Purchaser has sent the order to the Seller.

However, a party is not bound by the contract if there are orthographical or typological errors in the offer from the Seller in the ordering solution of the online shop or in the Purchaser’s order, and the other party realised or should have realised that such an error was present.

5 Payment

The Seller may charge the Purchaser for the good from the time it is sent from the Seller to the Purchaser.

If the Purchaser uses a credit or debit card to make the payment, the Seller may hold the funds on the card when the order is placed. The card will be charged on the same day the good is sent.

If the Seller offers post-delivery invoicing, the invoice shall be issued when the good is dispatched. The due date shall be written on the invoice and must be a minimum of 14 days from when the Purchaser receives the delivery.

Purchasers under the age of 18 may not pay via post-delivery invoicing.

6 Delivery

Delivery has occurred once the Purchaser or his/ her representative has taken possession of the item.

If the delivery time is not stated in the ordering solution, the Seller shall deliver the good to the Purchaser within a reasonable time frame and no later than 30 days after the order is placed by the customer. The good shall be delivered to the Purchaser unless other, special arrangements are made between the parties.

7 Product risk

Product risk is assumed by the Purchaser as soon as the item is taken over by the Purchaser or his/ her representative in accordance with Section 6.

8 Right to cancel

Unless the contract is exempt from the right to cancel, the Purchaser may cancel the order in accordance with the Cancellation Act.

The Purchaser must inform the Seller that he/she will exercise this right within 14 days after the start of the cancellation period. This time limit includes all calendar days. If the period ends on a Saturday, Sunday or public holiday, the period will be extended until the next business day.

The deadline to exercise one’s right to cancel will be seen as met if notice is sent before the end of the cancellation period. The Purchaser has the burden of proof for demonstrating that the  right has been asserted, and notice must therefore be submitted in writing (via the cancellation form, email or letter).

The cancellation period begins as follows:

In the purchase of individual goods, the cancellation period will begin on the day after the good is/goods are
If a subscription is being sold, or the contract contains the regular delivery of identical goods, the period begins on the day after the first shipment is received.
If the purchase consists of several deliveries, the period will begin on the day after the final delivery is
The cancellation period will be extended to 12 months after the end of the original period should the Seller not inform the Purchaser of the right to cancel and the standard cancellation form before the conclusion of the contract. This will also apply if information on terms and conditions, time limits and procedures for exercising the right to cancel is insufficient. However, if the trader gives this infor- mation during these 12 months, the cancellation pe- riod ends 14 days after the day the Purchaser re- ceived the information.

When the right to cancel is exercised, the good must be returned to the Seller within a reasonable amount of time and no later than 14 days after no- tice has been given on the intention to exercise the right. The Purchaser must cover the direct costs associated with returning the good, unless otherwise agreed or the Seller has not informed the Purchaser that he/she has to cover the return costs. The Seller may not set fees for the Purchaser’s use of the right to cancel.

The Purchaser may check or test the good in an appropriate manner in order to determine the nature, properties and function of the good without affecting the right to cancel. If the checking or testing goes beyond what is reasonable and ne- cessary, the Purchaser may be responsible for any reduction in the good’s original value.

The Seller is obligated to pay back the purchase sum to the Purchaser without undue delay, and no later than 14 days after the Seller received notice on the Purchaser’s decision to exercise the right to cancel. The Seller has the right to retain the repay- ment until it has received the goods from the Pur- chaser, or until the Purchaser has documented that the goods have been sent back.

9 Delays and non-delivery: the Purchaser’s rights and time limit to make a claim

If the Seller does not deliver the good or delivers it late according to the terms of the parties’ contract, and this is not due to the Purchaser or to conditions on the part of the Purchaser, the Purchaser may, in accordance with Chapter 5 of the Consumer Purchases Act, withhold the purchase sum, de- mand performance of the contract, terminate the contract and/or demand compensation from the Seller, according to the relevant circumstances.

For demands of remedy for breach of contract, notice should be given in writing for the purposes of documentation (e.g. by email).

Performance

The Purchaser may affirm the purchase and demand performance from the Seller. The Purchaser may not however demand performance if there is a barrier to performance the Seller cannot overcome, or if performance would cause a great disadvantage or expense to the Seller that is out of proportion to the Purchaser’s interest in the performance. Should these obstacles be removed within a reasonable amount of time, however, the Purchaser may demand performance.

The Purchaser loses his/her right to demand per- formance if he/she waits an unreasonably long time to make the claim.

Termination

If the Seller does not deliver the good at the time set for delivery, the Purchaser shall call on the Seller to deliver within a reasonable additional time frame for performance. If the seller does not deliver the good within the additional time frame, the Purchaser may cancel the purchase.

The Purchaser may however cancel the purchase immediately if the Seller refuses to deliver the good. This also applies to cases in which delivery at the agreed time was a decisive factor in the conclusion of the contract, or if the Purchaser has informed the Seller that the delivery time is a decisive factor.

If the item is delivered after the additional time frame set by the consumer or after the delivery time that was a decisive factor in the  conclusion of the contract, termination must be asserted within a reasonable time frame after the Purchaser was informed of the delivery.

Compensation

The Purchaser may demand compensation for losses incurred as a result of the delay. However, this does not apply to cases in which the Seller can assert that the delay was due to obstacles outside the Seller’s control that could not have reasonably been fore- seen at the time the contract was concluded, could not have been avoided or the consequences of which could not have been overcome.

10 Defective goods: the Purchaser’s rights and time limit to give notice

If the good is defective, the Purchaser must notify the Seller that he/she wishes to invoke the defect within a reasonable amount of time after the defect was discovered or should have been discovered. The Purchaser is always considered to have given timely notice if it occurs within two months after the defect was discovered or should have been discovered. Notice may be given no later than two years after the Purchaser took possession of the good. If the good or parts of it are meant to last considerably longer than two years, this deadline is extended to five years.

If the good has a defect and this is not due to the Purchaser or to conditions on the part of the Purchaser, the Purchaser may, in accordance with Chapter 6 of the Consumer Purchases Act, withhold the purchase sum, choose between repair and replacement, demand a price reduction, demand that contract be terminated and/or demand compensa- tion from the Seller, according to the relevant cir- cumstances.

Notice should be given to the Seller in writing.

Repair or replacement

The Purchaser may choose between having the defect repaired or the delivery of an equivalent item. The Seller may however oppose the Purchaser’s claim if carrying out the claim is impossible or causes the Seller to incur unreasonable expenses. Repair or replacement shall be performed within a reason- able amount of time. The Seller does not as a rule have the right to more than two attempts to cure for the same defect.

Price reduction

The Purchaser may demand a suitable price redu- ction if the good is not repaired or replaced. This means that that relation between the reduced and originally agreed price corresponds to the relation between the item’s value in defective condition and the condition according to the original contract. If special circumstances call for it, the price reduction may instead correspond to the defect’s impact on the Purchaser.

Termination

If the good is not repaired or replaced, the Purchaser may also cancel the purchase in cases where the defect is not immaterial.

11 Seller’s rights in case of Purchaser’s breach of contract

If the Purchaser does not pay or otherwise fulfil his/her duties according to the contract and/or the law, and this is not due to the Seller or to conditions on the part of the Seller, the Seller may, in accor- dance with the rules in Chapter 9 of the Consumer Purchases Act, withhold the good, demand perfor- mance of the contract, terminate the contract and demand compensation from the Purchaser, accor- ding to the relevant circumstances. The Seller may also, according to the relevant circumstances, charge interest for late payment, a collection fee and a reasonable fee for uncollected goods.

Fulfilment

If the Purchaser does not pay, the Seller may af- firm the purchase and demand that the Purchaser pay the purchase sum. If the good is not delivered, the Seller will lose its right if it takes an unreaso- nably long time to make the claim.

Termination

Upon significant non-payment breach or any oth- er significant breach by the Purchaser, the Seller may terminate the contract. However, the Seller may not terminate the contract after the purchase sum has been paid. The Seller may also terminate the purchase if the Purchaser does not pay within a reasonable additional time frame for fulfilment set by the Seller.

Interest relating to late payment/collection fee  If the Purchaser does not pay the purchase sum specified in the contract, the Seller may  charge interest on the purchase sum according to the Act Relating to Interest on Overdue Payments. In cases where payment is not made, the debt may be sent for collection after a warning has been issued, and the Purchaser may then be held responsible for fees according to the Act relating to Debt Collection and Other Debt Recovery.

Fees for uncollected, non-prepaid items

If the Purchaser fails to collect unpaid goods, the Seller may charge the Purchaser a fee. The fee shall at maximum cover the Seller’s actual expenses for delivering the good to the Purchaser. Purchasers under 18 years of age cannot be charged this fee.

12 Warranties

Warranties given by the Seller or manufacturer give the Purchaser additional rights beyond those mandatory rights he/she has by mandatory law. Thus, a warranty does not imply any limitation on the Purchaser’s right to give notice or make claims in case of delay or defect according to Sections 9 and 10.

13 Personal data

The Seller is the party responsible for handling collected personal data. Unless the Purchaser consents otherwise, the Seller may only obtain and store whatever personal data is necessary for the Seller to complete its duties according to the con- tract. The Purchaser’s personal data shall only be given to others if this is necessary for the Seller to fulfil the contract with the Purchaser, or in cases where this is required by law.

14 Conflict resolution

Claims must be directed to the Seller within a reasonable time frame in accordance with Sections 9 and 10. The parties shall attempt to resolve any disputes out of court. If this is not successful, the Purchaser may contact the Consumer Council of Norway for mediation. The Consumer Council may be reached on (+47) 23 400 500 or at www.forbrukerradet.no