Terms of Sale
Table of Contents
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Agreement
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The Parties
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Prices
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Conclusion of the Agreement
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Order Confirmation
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Payment
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Delivery, etc.
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Risk for the Goods
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Right of Withdrawal / Returns
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Obligation to Inspect
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Complaint for Defects and Deadline for Claiming Delays
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Buyer’s Rights in Case of Delay
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Buyer’s Rights in Case of Defects
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Seller’s Rights in Case of Buyer’s Breach
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Warranty
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Personal Data
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Dispute Resolution
Introduction
This purchase is regulated by the following standard sales terms for consumer purchases of goods over the internet. Consumer purchases refer to sales of goods to consumers who do not primarily act as part of a business, and when the seller acts within a business context in the sale of goods over the internet.
The contract has been prepared and is recommended for use by the Consumer Ombudsman.
Consumer purchases over the internet are mainly regulated by the Contract Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act, which provide consumers with non-negotiable rights. The terms in the contract should not be understood as a limitation of the statutory rights but instead outline the key rights and obligations for the parties involved in the transaction. The seller may offer the buyer better terms than those stated in these sales terms.
In cases where the contract does not directly provide a solution to an issue, it should be supplemented with relevant legal provisions.
1. Agreement
The agreement between the buyer and the seller consists of the information provided by the seller about the purchase in the ordering solution in the online store (including, among other things, details about the product’s nature, quantity, quality, other features, price, and delivery terms), any direct correspondence between the parties (for example, email), and these sales terms.
In the event of a conflict between the information provided by the seller about the purchase in the online store’s ordering solution, direct correspondence between the parties, and the terms of the sales agreement, direct correspondence between the parties and the information provided in the ordering solution take precedence over the sales terms, unless this contradicts binding legislation.
2. The Parties
Seller: Frøystad AS
Company Name: Frøystad AS
Contact Address: Skinnesvegen 36, 6095 Bølandet
Email: post@froystadas.com
Phone Number: +47 70300690
Organization Number: 996481131
Buyer is the person making the order.
3. Prices
The prices stated in the online store include VAT.
Information about the total costs the buyer must pay, including all taxes (VAT, customs, etc.) and delivery charges (shipping, postage, invoicing fees, packaging, etc.) as well as a specification of each element of the total price, will be provided in the ordering solution before the order is made.
Product deliveries to Svalbard or Jan Mayen will be sold without VAT.
4. Conclusion of the Agreement
The agreement is binding for both parties once the buyer’s order has been received by the seller.
However, a party is not bound by the agreement if there has been a typographical or clerical error in the seller’s offer in the online store or in the buyer’s order, and the other party knew or should have known that such an error existed.
5. Order Confirmation
Once the seller has received the buyer’s order, the seller must confirm the order without undue delay by sending an order confirmation to the buyer.
It is recommended that the buyer check that the order confirmation matches the order in terms of quantity, product 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.
6. Payment
7. Delivery, etc.
Delivery Time
The seller is obligated to deliver the goods to the buyer within the time specified in the order confirmation, and the delivery must be completed no later than 30 days after the order confirmation unless otherwise agreed.
Delivery Location
The goods are delivered to the address provided by the buyer when placing the order, unless the parties have agreed otherwise.
Delivery Method
The seller will use the delivery method that is most appropriate for the type of goods and the buyer’s location. If the buyer chooses to collect the goods at the store or another location, this must be arranged in advance with the seller.
If the seller cannot deliver the goods within the agreed timeframe due to circumstances beyond their control, such as lack of stock, delays from suppliers, or force majeure, the seller must notify the buyer as soon as possible.
Shipping Costs
Shipping costs will be specified in the order process and are the responsibility of the buyer, unless otherwise agreed.
8. Risk for the Goods
The risk of loss or damage to the goods transfers to the buyer at the time when the goods are delivered to the buyer or to a third party designated by the buyer (other than the transport company).
If the buyer fails to accept delivery within the agreed time, the buyer bears the risk from the point when delivery should have taken place.
9. Right of Withdrawal / Returns
Right of Withdrawal
The buyer has the right to cancel the purchase within 14 days from the day the buyer receives the goods, without giving any reason.
If the buyer wishes to exercise the right of withdrawal, the buyer must notify the seller within the withdrawal period by sending a clear written statement (such as a letter or email) stating their decision to withdraw from the agreement.
The buyer may also use the model withdrawal form available on the seller's website, though this is not required.
Return of Goods
If the buyer withdraws from the agreement, the buyer must return the goods to the seller without undue delay, and in any case, within 14 days from the date the buyer has informed the seller of their decision to withdraw from the agreement.
The buyer will bear the direct costs of returning the goods, unless the seller has agreed to cover these costs.
The goods must be returned in the same condition as when received. If the goods are used or damaged, the seller has the right to reduce the refund accordingly.
Exceptions to the Right of Withdrawal
The right of withdrawal does not apply to:
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Goods that are clearly personalized or made to the buyer’s specifications.
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Goods that are sealed for health protection or hygiene reasons and that have been unsealed after delivery.
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Digital content (such as software or downloads) once the buyer has started downloading or streaming the content.
10. Obligation to Inspect
Upon receipt of the goods, the buyer is obligated to inspect them for any defects or damages and to notify the seller if any such defects or damages are discovered.
If the goods are defective or damaged, the buyer must report this to the seller within a reasonable time frame, typically within 14 days of receiving the goods.
11. Complaint for Defects and Deadline for Claiming Delays
Complaint for Defects
If the goods are defective, the buyer is entitled to complain about the defect within two years from the time the goods were delivered, unless a longer warranty period is stated. The complaint must be made as soon as the buyer becomes aware of the defect.
If the buyer notices a defect, they should notify the seller without undue delay, typically within a reasonable time after discovering the issue.
Deadline for Claiming Delays
If the delivery is delayed, the buyer must also notify the seller within a reasonable time after the delivery was due, typically within 14 days.
12. Buyer’s Rights in Case of Delay
In the event of a delay, the buyer has the right to:
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Demand delivery.
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Cancel the purchase if the delay is significant and notify the seller in writing.
If the delay is caused by the seller, the buyer may also have the right to seek compensation for any loss incurred due to the delay.
13. Buyer’s Rights in Case of Defects
If the goods are defective, the buyer has the following rights:
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The right to request that the goods be repaired or replaced at no cost.
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The right to cancel the purchase and receive a full refund if the goods cannot be repaired or replaced within a reasonable time or if the defect is not minor.
In some cases, the buyer may also be entitled to compensation for any losses resulting from the defective goods.
14. Seller’s Rights in Case of Buyer’s Breach
If the buyer fails to comply with their obligations, such as failing to pay for the goods or refusing delivery, the seller has the right to:
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Demand payment for the goods.
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Cancel the agreement and claim compensation for any losses incurred.
15. Warranty
The goods come with a warranty for a period of at least two years from the delivery date, unless otherwise agreed. The warranty covers defects in materials or workmanship. The buyer should contact the seller immediately if a defect is discovered within the warranty period.
The warranty does not cover damage caused by misuse or accidents, and the buyer is obligated to handle the goods carefully and follow any provided instructions for care and maintenance.
16. Personal Data
The seller will process the buyer's personal data in accordance with applicable laws and the seller's privacy policy. Personal data will be used for processing the order, shipping the goods, and providing customer service. The seller will not disclose personal data to third parties unless required by law or necessary to fulfill the contract.
The buyer has the right to access, correct, and delete their personal data by contacting the seller directly.
17. Dispute Resolution
In case of any disputes between the buyer and seller, both parties will attempt to resolve the issue through dialogue. If no resolution can be reached, the buyer has the option to file a complaint with the Consumer Disputes Commission (Forbrukertvistutvalget).
