Standard terms of sale for consumer purchases of goods over the Internet
Table of contents:
- The agreement
- The conclusion of the agreement
- Order confirmation
- Delivery etc.
- The risk of the item
- Right of withdrawal
- Duty to investigate
- The complaint in case of defect and deadline for reporting claims in case of delay
- Buyer’s rights in case of delay
- Buyer’s rights in the event of a defect
- Seller’s rights in the event of the buyer’s default
- Personal information
- Conflict resolution
- Source list
This purchase is governed by the following standard terms and conditions of sale for consumer purchases of goods over the Internet. By consumer purchases are meant here the sale of goods to consumers who do not mainly shop as part of business activities, and when the seller acts in business activities with sales of goods over the internet. The contract has been prepared and recommended for use by the Consumer Ombudsman.
Consumer purchases over the Internet are mainly regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act, and the E-Commerce Act, and these laws give consumers inalienable rights. The terms of the contract are not to be construed as limiting the statutory rights but set out the parties’ most important rights and obligations for trade. The seller may choose to offer the buyer better terms than those set out in these terms of sale.
In cases where the contract does not directly provide the solution to a problem, the contract must be supplemented with relevant legal provisions.
1. The agreement
The agreement between buyer and seller consists of the information the seller provides about the purchase in the order solution in the online store (including information about the product’s nature, quantity, quality, other properties, price, and delivery conditions), any direct correspondence between the parties (eg e-mail) and these terms of sale.
In the event of a conflict between the information provided by the seller about the purchase in the ordering solution in the online store, direct correspondence between the parties and the terms of sale, direct correspondence between the parties and the information provided in the ordering solution precedes the terms of sale.
Seller Company Name:
The buyer is the person who makes the order.
The prices, which are stated in the online store, include VAT.
Information about the total costs the buyer must pay, including all taxes (VAT, customs, and the like) and delivery costs (shipping, postage, invoice fee, packaging, etc.) as well as the specification of the individual elements in the total price, is given in the ordering solution before ordering. (Deliveries of goods to Svalbard or Jan Mayen shall be sold without the addition of VAT. (1)
4. Entering into an agreement
The agreement is binding on both parties when the buyer’s order is received by the seller.
However, one party is not bound by the agreement if there have been typing or typing errors 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 such an error existed.
5. Order confirmation
When the seller has received the buyer’s order, the seller must without undue delay confirm the order by sending an order confirmation to the buyer.
It is recommended that the buyer checks that the order confirmation matches the order in terms of quantity, item type, price, etc. If there is no correspondence between the order and the order confirmation, the buyer should contact the seller as soon as possible.
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 card (2) or debit card (3) when paying, the seller can reserve the purchase price on the card when ordering for up to 4 days from the order. (4)
When paying by credit card, the law on credit purchases, etc. comes into use. (5)
If the seller offers post-invoicing, the invoice to the buyer shall be issued when the item is shipped. The due date must be set at a minimum of 14 days from the time the buyer receives the shipment.
If the seller has a special need to demand advance payment from the buyer, for example for a manufacturing purchase, the seller can demand this.
Buyers under the age of 18 can only pay directly upon the seller’s delivery of the item or upon delivery of the item by postal order. (6)
7. Delivery etc.
Delivery of the item from the seller to the buyer takes place in the manner, at the place, and at the time specified in the ordering solution in the online store.
If the delivery time is not stated in the order solution, the seller must deliver the item 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 normal terms for such transport. The place of destination is with the buyer unless otherwise agreed between the parties.
8. The risk of the item
The risk for the item passes to the buyer when the thing is taken over by the buyer in accordance with the agreement. If the delivery time has come and the buyer fails to take over an item that is made available to him or her under the agreement, the buyer still has the risk of loss or damage due to the properties of the item itself.
9. Right of withdrawal
The buyer may regret the purchase of the item in accordance with the provisions of the Right of Withdrawal Act (7). Right of withdrawal means that the buyer can return the item to the seller without reason, even if there is no defect in it and even if it has not been delivered.
The buyer must notify the seller of the use of the right of withdrawal within 14 days after the item, the prescribed information about the right of withdrawal and the right of withdrawal form has been received. If the buyer receives the cancellation form and the necessary information at a later date than when the goods are delivered, the cancellation period begins to run from the day the buyer receives the right of withdrawal form and the information. If the buyer has not received sufficient information or a right of the withdrawal form, the withdrawal period will still expire 3 months after the item has been received. If the buyer has not received information about the right of withdrawal at all, the deadline will be 1 year.
The notification from the buyer to the seller about the use of the right of withdrawal should, for evidentiary reasons, be in writing (right of the withdrawal form, e-mail, fax, or letter), and it must contain information on how the buyer will return the item to the seller.
When using the right of withdrawal, the item must be returned to the seller within a reasonable time. The seller is obliged to refund the full purchase price to the buyer within 14 days from the day the seller receives the item or pick-up note or the item is made available to the seller. The seller can not set fees for the buyer’s use of the right of withdrawal, but the seller can demand that the buyer pay the costs of the return shipment.
The buyer can examine the product before he or she regrets the purchase. It must still be possible to return the item to the seller in approximately the same condition and quantity as it was when the buyer received it. The buyer should return the item to the seller in the original packaging if possible.
The buyer can not regret the purchase of items that deteriorate rapidly, items that by their nature can not be returned, or audio and video recordings (including CDs, DVDs) or computer programs where the seal is broken. The latter exception only applies if the seller has clearly stated the conditions for lapse of the right of withdrawal on the seal.
10. Examination of the item
When the buyer receives the item, it is recommended that he or she to a reasonable extent check whether it is in accordance with the order, whether it has been damaged during transport or whether it otherwise has defects.
If the item does not match the order or has defects, the buyer must notify the seller in the event of a complaint, cf. clause 11 of the contract.
11. Complaint in case of defect and deadline for reporting claims in case of delay
If there is a defect in the item, 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 time limit can never be shorter than two months from the time when the consumer discovered the defect. Complaints must still be made no later than two years after the buyer took over the item. If the item or parts of it are intended to last significantly longer, the complaint period is five years.
In the event of a delay, claims must be made to the seller within a reasonable time after the delivery time has come and the item has not been delivered.
If the item is paid for with a credit card, the buyer can also choose to complain and send claims directly to the credit provider (the credit card company). (8)
The message to the seller or creditor should be in writing (email, fax, or letter).
12. Buyer’s rights in case of delay
If the seller does not deliver the goods or delivers them 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, according to the rules in Chapter 5 of the Consumer Purchases Act, withhold the purchase price, demand fulfillment, terminate the agreement and claim compensation from the seller.
Fulfillment: If the seller does not deliver the item at the time of delivery, the buyer can maintain the purchase and set a reasonable additional deadline for fulfillment from the seller. The buyer may nevertheless demand fulfillment if there is an obstacle which the seller cannot overcome or if fulfillment will entail such a great inconvenience or cost to the seller that it is insignificant disproportion to the buyer’s interest in the seller fulfilling. If the difficulties disappear within a reasonable time, the consumer can demand fulfillment.
Cancellation: The buyer may terminate the agreement with the seller if the delay is significant or if the seller does not deliver the goods within the additional deadline for fulfillment set by the buyer. However, the buyer may not terminate the agreement while the additional deadline is running, unless the seller has stated that he or she will not fulfill within the deadline.
Compensation: The buyer can further claim compensation for the loss he or she suffers as a result of the delay on the part of the seller, cf. section 24 of the Consumer Purchase Act.
The buyer must report claims to the seller in the event of a complaint, cf. section 11 of this contract.
13. Buyer’s rights in the event of a defect
If the item has a defect and this is not due to the buyer or conditions on the buyer’s side, the buyer can according to the rules in the Consumer Purchase Act chapter 6 depending on the circumstances withhold the purchase price, choose between correction and re-delivery, demand price reduction, demand the agreement terminated and compensation from the seller.
Correction or redelivery: If the item has a defect, the buyer can demand that the seller correct the defect or re-deliver the corresponding item. The seller may oppose the buyer’s claim if the execution of the claim is impossible or the seller causes unreasonable costs.
The seller must make the correction or replacement within a reasonable time. Correction or redelivery shall be made at no cost to the buyer, without the risk that the buyer will not be reimbursed for his expenses and without significant inconvenience to the buyer. The seller may not make more than two attempts at rectification or re-delivery for the same defect unless there are special reasons that make further attempts reasonable.
Even if the buyer does not require correction or replacement, the seller can offer correction or replacement if this happens without delay. If the seller provides for such correction or redelivery, the buyer can not demand a price reduction or cancellation.
Price reduction: If the defect is not corrected or redelivered, the buyer can demand a proportionate price reduction.
Cancellation: Instead of a price reduction, the buyer can cancel the agreement, except when the defect is insignificant.
Compensation: The buyer can also claim compensation for the financial loss he or she suffers as a result of the product being defective, cf. the Consumer Purchases Act § 33.
The buyer must report claims to the seller in the event of a complaint, cf. section 11 of this contract. 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.
14. 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, and this is not due to the seller or conditions on the seller’s side, the seller may, according to the rules in the Consumer Purchase Act chapter 9, withhold the item, demand fulfillment of the agreement, demand termination of the agreement and compensation from the buyer. The seller may also, depending on the circumstances, be able to claim interest
The warranty given by the seller or manufacturer gives the buyer rights in addition to the rights the buyer already has under mandatory legislation. A guarantee thus does not imply any restrictions on the buyer’s right to complaint and claims in the event of delay or defects pursuant to items 12 and 13.
16. Personal data (12)
Unless the buyer agrees to something else, the seller can only collect and store the personal information necessary for the seller to be able to carry out the obligations under the agreement. The personal information of the buyer under the age of 15 cannot be obtained unless the seller has the consent of parents or guardians. The buyer’s personal information shall only be disclosed to others if it is necessary for the seller to implement the agreement with the buyer, or in statutory cases.
The seller can only obtain 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 information for other purposes, for example, to send the buyer advertising or information beyond what is necessary to complete the agreement, the seller must obtain the buyer’s consent when entering into the agreement. The seller must provide the buyer with information about what the personal information will be used for and about who will use the personal information. The buyer’s consent must be voluntary and given by an active action, for example by ticking.
The buyer must be able to easily contact the seller, for example by telephone or e-mail if he or she has questions about the seller’s use of personal information or if he or she wants the seller to delete or change the personal information.
17. Conflict resolution
The parties shall endeavor to resolve any disputes amicably. The buyer can contact the Consumer Council to get assistance in a possible dispute with the seller. If an amicable solution is not reached after mediation in the Consumer Council, the parties may request in writing that the Consumer Council submit the dispute to the Consumer Disputes Committee.13 Decisions by the Consumer Disputes Committee are final four weeks after service. Before the decision is final, the parties may, by submitting a summons to the Consumer Disputes Committee, bring the decision before the district court.
18. Source list
1. See Act of 19 June 1969 no. 66 on value-added tax § 16.
2. A credit card is a payment card where the settlement for the purchase takes place afterward by the creditor (credit card company) sending the cardholder an invoice with a demand for payment.
A debit card is a debit card linked to a deposit account. Use of the card means that the user’s account is debited and the amount is transferred to the payee’s account.
4. Cf. model agreement prepared by the joint contract committee for Sparebankforeningen’s and Finansnæringens main organization – Agreement terms for credit cards and billing cards – consumer relations item 12 and design terms prepared by Sparebankforeningen and Finansnæringens main organization for payment cards item 11.
5. Act of 21 June 1985 no. 82 on credit purchases etc.
6. Persons under the age of 18 can only pay in the aforementioned ways as they cannot incur debt, cf. Act of 22 April 1927 on guardianship of minors (vgml.) § 2.
7. Act of 21 December 2000 no. 105 on the duty to provide information and the right of withdrawal, etc. in the case of distance selling and sale outside a fixed point of sale (the Right of Withdrawal Act).
9. Act of 17 December 1976 No. 100 on interest in the event of late payment.
10. Act of 13 May 1988 no. 26 on debt collection activities and other collection of overdue monetary claims.
11. Fees can not be charged to persons under 18 years of age as they cannot incur debt, cf. § 2.
12. See Act of 14 April 2000 no. 31 on the processing of personal data.