Terms of Sale
Introduction
This purchase is regulated by the standard terms and conditions of sale for consumer purchases of goods over the Internet set out below. Consumer purchases over the Internet are primarily 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 consumers with non-derogable rights. The laws are available at www.lovdata.no. The terms of this agreement shall not be construed as limiting statutory rights but set out the parties' most important rights and obligations for the transaction.
The terms and conditions of sale have been prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these terms and conditions of sale, see the Norwegian Consumer 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 specifically agreed terms. In case of conflict between the information, what has been specifically agreed between the parties takes precedence, unless it conflicts with mandatory legislation.
The agreement will also be supplemented by relevant statutory provisions regulating the purchase of goods between traders and consumers.
2. The Parties
The seller is Val Studios, Kyrkjelemyra 16, info@val.golf, 92349597, 935 229 855, 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 for the goods and services is the total price the buyer shall pay. This price includes all fees and additional costs. The buyer shall not be liable for any additional costs that the seller has not informed them of before the purchase.
4. Conclusion of Contract
The agreement is binding for both parties when the buyer has sent their order to the seller.
However, the agreement is not binding if there has been a typing error or mistake in the offer from the seller in the online store's ordering solution or in the buyer's order, and the other party realized or should have realized that such an error existed.
5. Payment
The seller can demand payment for the item from the time it is dispatched from the seller to the buyer.
If the buyer uses a credit card 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 item is dispatched.
For payment by invoice, the invoice to the buyer will be issued upon dispatch of the item. 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 subsequent invoice.
6. Delivery
Delivery has taken place when the buyer, or their representative, has taken possession of the item.
Unless the delivery time is stated in the ordering solution, the seller shall deliver the item to the buyer without undue delay and no later than 30 days after the order from the customer. The item shall be delivered to the buyer unless otherwise specifically agreed between the parties.
7. Risk of the item
The risk of the item passes to the buyer when he, or the buyer's representative, has received the goods in accordance with clause 6.
8. Right of withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may cancel the purchase of the item in accordance with the Right of Withdrawal Act.
The buyer must notify the seller of the exercise of the right of withdrawal within 14 days from when the deadline begins. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday, or national holiday, the deadline is extended to the nearest working day.
The right of withdrawal is deemed to have been exercised if notification is sent before the expiry of the deadline. The buyer bears the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be in writing (right of withdrawal form, email, or letter).
The right of withdrawal period begins to run:
- For purchases of individual items, the right of withdrawal period runs from the day after the item(s) are received.
- If a subscription is sold, or the agreement involves regular delivery of identical items, the period runs from the day after the first shipment is received.
- If the purchase consists of several deliveries, the right of withdrawal period runs from the day after the last delivery is received.
The right of withdrawal period is extended to 12 months after the expiry of the original period if the seller does not inform before the conclusion of the agreement that there is a right of withdrawal and a standardized withdrawal form. The same applies to a lack of information about the terms, deadlines, and procedure for exercising the right of withdrawal. If the trader provides the information within these 12 months, the right of withdrawal period still expires 14 days after the day the buyer received the information.
When exercising the right of withdrawal, the item must be returned to the seller without undue delay and no later than 14 days from the notification of the exercise of the right of withdrawal. The buyer covers the direct costs of returning the item, unless otherwise agreed or the seller has failed to inform the buyer that they are responsible for return costs. The seller cannot charge a fee for the buyer's exercise of the right of withdrawal.
The buyer may inspect or test the item in a proper manner to ascertain its nature, characteristics, and function, without losing the right of withdrawal. If the inspection or testing of the item goes beyond what is proper and necessary, the buyer may be liable for any reduced value of the item.
The seller is obliged to refund 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/she has received the goods from the buyer, or until the buyer has provided documentation that the goods have been returned.
9. Delay and non-delivery - buyer's rights and deadline for making a claim
If the seller does not deliver the item or delivers it 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, in accordance with the rules in Chapter 5 of the Consumer Purchases Act, depending on the circumstances, withhold the purchase price, demand performance, cancel the agreement and/or claim damages from the seller.
In the event of a claim for remedies for breach of contract, the notification should be in writing for evidentiary purposes (e.g., email).
Performance
The buyer can uphold the purchase and demand performance from the seller. However, the buyer cannot demand performance if there is an obstacle that the seller cannot overcome, or if performance would cause such a significant inconvenience or cost to the seller that it is in essential disproportion to the buyer's interest in the seller performing. Should the difficulties disappear within a reasonable time, the buyer can nevertheless demand performance.
The buyer loses their right to demand performance if they wait an unreasonably long time to make the claim.
Cancellation
If the seller does not deliver the item by the delivery time, the buyer shall urge the seller to deliver within a reasonable additional period for performance. If the seller does not deliver the item within the additional period, the buyer may 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 crucial for the conclusion of the agreement, or if the buyer has informed the seller that the delivery time is crucial.
If the item is delivered after the additional period set by the consumer or after the delivery time that was crucial 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 may claim compensation for direct loss suffered 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 that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome the consequences of.
10. Defects in the item - buyer's rights and complaint deadline
If there is a defect in the item, the buyer must, within a reasonable time after it was discovered or ought to have been discovered, notify the seller that they wish to invoke the defect. The buyer has always complained in time if this occurs within 2 months from when the defect was discovered or ought to have been discovered. Complaints can be made no later than two years after the buyer took possession of the item. If the item or parts of it are intended to last significantly longer than two years, the complaint period is five years.
If the item has 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 Chapter 6 of the Consumer Purchases Act, depending on the circumstances, withhold the purchase price, choose between rectification and redelivery, demand a price reduction, demand cancellation of the agreement and/or claim damages from the seller.
Complaints to the seller should be made in writing.
Rectification or redelivery
The buyer can choose between demanding the defect to be rectified or delivery of a similar item. However, the seller can oppose the buyer's claim if the execution of the claim is impossible or causes unreasonable costs for the seller. Rectification or redelivery shall be carried out within a reasonable time. The seller is generally not entitled to make more than two attempts at remedy for the same defect.
Price reduction
The buyer may demand an appropriate price reduction if the item is not rectified or redelivered. This means that the ratio between the reduced and agreed price corresponds to the ratio between the value of the item in defective and contractually sound condition. If there are special reasons for it, the price reduction can instead be set equal to the significance of the defect for the buyer.
Cancellation
If the item has not been rectified or redelivered, the buyer may also cancel the purchase if the defect is not insignificant.
11. Seller's rights in case of buyer's default
If the buyer fails to pay or fulfill other obligations under the agreement or law, and this is not due to the seller or circumstances on the seller's side, the seller may, in accordance with the rules in Chapter 9 of the Consumer Purchases Act, depending on the circumstances, withhold the item, demand performance of the agreement, demand the agreement cancelled and claim damages from the buyer. The seller may also, depending on the circumstances, demand interest for delayed payment, debt collection fees and a reasonable fee for uncollected goods.
Performance
The seller can uphold the purchase and demand that the buyer pays the purchase price. If the item has not been delivered, the seller loses their right if they wait an unreasonably long time to make the claim.
Cancellation
The seller may cancel the agreement if there is a significant payment default or other significant default on the part of the buyer. However, the seller cannot cancel if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for performance and the buyer does not pay within this deadline, the seller may cancel the purchase.
Interest on overdue payments/collection fees
If the buyer fails to pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price in accordance with the Act relating to interest on overdue payments. In case of non-payment, the claim may, after prior notice, be sent for collection. The buyer may then be held responsible 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 may charge the buyer a fee. The fee shall at most cover the seller's actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age.
12. Warranty
Any warranty provided by the seller or manufacturer grants the buyer rights in addition to those the buyer already has under non-derogable legislation. A warranty therefore does not limit the buyer's right to complain and claim for delay or defects under clauses 9 and 10.
13. Personal data
The data controller for collected personal data is the seller. Unless the buyer agrees otherwise, the seller may, in accordance with the Personal Data Act, only collect and store the personal data necessary for the seller to fulfill its obligations under the agreement. The buyer's personal data will only be disclosed to others if it is necessary for the seller to fulfill the agreement with the buyer, or in cases prescribed by law.
14. Dispute Resolution
Complaints should be directed to the seller within a reasonable time, cf. clauses 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is not successful, the buyer can contact the Norwegian Consumer Authority for mediation. The Norwegian Consumer Authority is available at telephone 23 400 600 or www.forbrukertilsynet.no.
The European Commission's complaints portal can also be used if you wish to submit a complaint. This is particularly relevant if you are a consumer residing in another EU country. The complaint can be submitted here: http://ec.europa.eu/odr.