Terms of purchase
1. In general
The agreement consists of these sales conditions, information given in the order solution and any specially agreed terms. In the event of any conflict between the information, what is specifically agreed between the parties takes precedence, as long as it does not contravene mandatory legislation.
The agreement will also be supplemented by relevant legal provisions that regulate the purchase of goods between businesses and consumers.
The seller is Educube AS ( 920 421 466 VAT) , Neshadlene 108, 5410 Sagvåg, firstname.lastname@example.org and is hereinafter referred to as the seller / seller.
Buyer is the person or company that is stated as the buyer in the order, and is hereinafter referred to as you, you (and corresponding terms such as yours or yours are used).
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 before the purchase has not informed about, the buyer shall not bear.
If there have been typing or printing errors of significant size from the seller and / or from the Partner's side, in advertisements etc. and / or in general presentations in, the online store that is greater than 15% of the normal retail price, the seller may unilaterally delete or reject an order. However, such errors must be corrected within a reasonable time after the error is discovered.
4. Entering into an agreement
The agreement is binding on both parties when the buyer has sent his order to the seller.
However, the agreement is not binding 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.
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 or debit card when paying, the seller can reserve the purchase price on the card when ordering. The card will be charged on the same day as the item is sent.
When paying with an invoice, the invoice to the buyer is issued when the item is shipped. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt.
Buyers under the age of 18 cannot pay by card or subsequent invoice.
If you order through a company and want to pay with an invoice sent via letter post, a fee of NOK 35 will be charged. There is no charge for invoices sent electronically, neither via EHF nor by e-mail.
Delivery takes place when the buyer, or his representative, has taken over the good.
Delivery time is usually 1-3 working days, some areas / times 4-5 working days. If the goods are not in our warehouse, the delivery time will be 7-60 working days. We reserve the right that the items are not in stock, and that the stock status displayed in the online store is indicative.
We send all packages via Norway Post, and offer the following delivery methods:
- Climate-neutral service package (NOK 99)
- Business package - delivered at the door to the company (NOK 249)
The post office sends out a notification of the arrived parcel as soon as it arrives at your local post office. If the package is not picked up within 14 days, it will be returned to us. We reserve the right to charge a fee if a shipment is not picked up. If the package is not picked up by the customer and returned, a fee of 250, - will be added. This fee covers our costs of processing the return. Failure to collect the package is not the same as exercising the right of withdrawal. If you want to use the 14-day right of withdrawal, we ask you to pick up the package and contact us for return information.
7. The risk of the item
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
If you regret a purchase with us, the Right of Withdrawal Act applies. If you wish to return the item, this presupposes that the item (s) is returned undamaged in complete original packaging. In order for the right of withdrawal to be enforced, the product must be returned to the correct Seller of the product in approximately the same quantity and condition as you received it. If you use or examine the item (s) in a way that goes beyond what is necessary to determine the item's nature, properties and function and this results in the item being reduced in value, the Seller may deduct an amount corresponding to the reduction in value in the purchase price to be refunded. . An example of this could be in the event of missing or damaged original packaging.
The seller has the right to claim compensation for impairment of the item. The order of magnitude of the compensation is determined at best discretion. Refund less compensation for impairment occurs after the return has been received and checked by the seller.
For returns, contact us via our contact form .
The Act only applies to consumer purchases. The right of withdrawal can therefore not be used by companies or others who have acted as part of business activities (cf. the Right of Withdrawal Act § 1).
The right of withdrawal stipulates that notification has been given to the seller within 14 days after the delivery has been received (cf. the Right of Withdrawal Act § 21). The consumer shall, without undue delay, and no later than 14 days from notification of the right of withdrawal has been granted, return the goods (cf. the Right of Withdrawal Act § 25 first paragraph).
The return costs are borne by the consumer (cf. the Right of Withdrawal Act § 25 second paragraph).
The right of withdrawal gives traders the right to charge the customer if the product has been subjected to a reduction in value as a result of use beyond what is necessary to determine the product's nature, property and / or function. (cf. the Right of Withdrawal Act § 25 third paragraph).
9. Liability for damages
The seller disclaims liability for direct or indirect financial loss that may result from defective or delayed delivery. However, this does not apply in cases where the seller has intentionally or with gross negligence caused the breach. In such cases, however, the liability shall be limited to the invoice value of the defective / delayed product.
10. Defect 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 should have been discovered, notify the seller that he or she will invoke the defect. The buyer has always complained in time if it happens within 2 months. from 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 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 the Consumer Purchase Act, Chapter 6, withhold the purchase price, choose between correction and re-delivery, demand price reduction, demand termination of the agreement and / the seller.
Complaints to the seller should be made in writing.
Correction or re-delivery
The buyer can choose between claiming the defect or correcting the delivery of similar items. The seller may nevertheless oppose the buyer's claim if the implementation of the claim is impossible or the seller causes unreasonable costs. Correction or re-delivery must be made within a reasonable time. The seller is in principle not entitled to make more than two remedial attempts for the same defect.
The buyer can demand a suitable price reduction if the item is not corrected or returned. This means that the ratio between reduced and agreed price corresponds to the ratio between the value of the item in defective and contractual 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.
If the item has not been repaired or returned, the buyer can also cancel the purchase when the defect is not insignificant.
11. Seller's rights in the event of the buyer's default
If the buyer fails to pay or meet other obligations under the agreement or the law, and this is not due to the seller or conditions of the seller, the seller in accordance with the rules of consumer law, Chapter 9 in the circumstances keep the item back , demand fulfillment of the agreement, require the agreement raised and claim compensation from the buyer. The seller will also be able to claim interest in the event of late payment, collection fee and a reasonable fee for uncollected goods, depending on the circumstances .
The seller can maintain the purchase and demand that the buyer pay the purchase price. If the item is not delivered, the seller loses his right if he waits unreasonably long to advance the claim.
The seller may terminate the agreement if there is a material default or other material default on the part of the buyer. The seller can still not 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 on late payment / collection fee
If the buyer does not pay the purchase price in accordance with the agreement, the seller can demand interest on the purchase price in accordance with the Late Payment Interest Act. In the event of non-payment, the claim can, after prior notice, be sent to the Buyer can then be held liable for fees under 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 outlay for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age.
Warranty given by the seller or manufacturer gives the buyer rights in addition to those 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 9 and 10.
13. Personal information
The person responsible for processing collected personal data is the seller. Unless the buyer agrees to something else, the seller may, in accordance with the Personal Data Act, 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 buyer's personal information will only be disclosed to others if it is necessary for the seller to implement the agreement with the buyer, or in statutory cases.
14. Conflict resolution
Complaints are addressed to the seller within a reasonable time, cf. items 9 and 10. The parties shall try to resolve any disputes amicably. If this does not succeed, each of the parties may demand that the dispute be settled with final effect in accordance with the Civil Procedure Act, Chapter 32 - arbitration. Each of the parties appoints one representative to the arbitral tribunal and these jointly appoint the chairman of the arbitral tribunal. In the event of a lawsuit that may fall outside the arbitration agreement, the Sunnhordland District Court is considered the venue.
Last updated 13.10.2020