GENERALLY

 

This purchase is governed by the below standard sales conditions for consumer purchases of goods over the Internet. By consumer purchase here is meant the sale of goods to a consumer who does not mainly act as part of a commercial activity, and when the seller acts in a commercial activity by selling goods over the internet.

 

Sales to consumers are, among other things, regulated in the Consumer Purchase Act and the Right of Cancellation Act. ​ ​ ​

 

 

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AGREEMENT

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The agreement between buyer and seller consists of the information the seller provides about the purchase in the ordering solution in the online store (including, among other things, information about the nature, quantity, quality, other properties, price and delivery conditions of the goods), any direct correspondence between the parties (for example, e-mail) as well as these conditions of sale.

 

In the event of a conflict between the information the seller has provided about the purchase in the order solution in the online store, direct correspondence between the parties and the conditions in the sales conditions, direct correspondence between the parties and the information provided in the order solution takes precedence over the sales conditions, as long as it does not conflict with binding legislation.

 

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THE PARTIES

 

Selling company name: Joanna Abou Samra AS

Contact person: Joanna (Abou Samra) Davidsen

Contact address: Karl Staaffs Vei 4B, 0665 Oslo

Email: joanna.davidsen@gmail.com

Organization no.: 927 022 982 VAT

 

Buyer is the person who makes the order.

 

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PRICES

 

The prices, which are stated in the online shop, include value added tax unless the buyer chooses to show prices without VAT or is registered as a user from a country outside Norway. Information about the total costs the buyer must pay, including all taxes (value added tax, customs, etc.) and delivery costs (freight, postage, invoice fee, packaging etc.) as well as specification of the individual elements in the total price, is given in the ordering solution before the order is placed. (Deliveries of goods to abroad, Svalbard or Jan Mayen must be sold without the addition of value added tax.)

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CONCLUSION OF AGREEMENT

 

​ The agreement is binding for both parties when the buyer's order has been received by the seller. A party is nevertheless not bound by the agreement 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.

 

 

 

ORDER CONFIRMATION ​ ​

 

You receive an order confirmation by e-mail immediately after the purchase has been completed. It is recommended that the buyer checks that the order confirmation agrees with the order with regard to 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.

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DELIVERY

 

Delivery of the goods from the seller to the buyer takes place in the manner, at the place and at the time indicated in the order solution in the online store. If the delivery time is not stated in the order solution or e-mail accompanying the order confirmation, the seller must deliver the goods 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 under normal conditions for such transport. The place of destination is with the buyer, unless otherwise separately agreed between the parties.

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THE RISK FOR THE GOODS

 

The risk for the item passes to the buyer when the item has been taken over by the buyer in accordance with the agreement. If the delivery time has arrived and the buyer fails to take over an item that has been placed at his or her disposal according to the agreement, the buyer still bears the risk of loss or damage due to the characteristics of the item itself.

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RIGHT OF WITHDRAWAL ​ ​

 

The buyer can cancel the purchase of the item according to the provisions of the Right of Cancellation Act. The right of withdrawal means that the buyer can return the goods 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 goods, the prescribed information on the right of withdrawal and the right of withdrawal form have been received. ​ If the buyer receives the cancellation form and the necessary information at a later time than when the goods are delivered, the cancellation period begins to run from the day the buyer receives the cancellation right form and the information.

 

If the buyer has not received sufficient information or a right of withdrawal form, the withdrawal period will still expire 3 months after the goods have 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 reasons of proof, be in writing (right of withdrawal form, e-mail, fax or letter), and it must contain information on how the buyer will return the goods to the seller. ​ The buyer must without undue delay, and no later than 14 days from notification after the right of withdrawal was given, send the goods back, or hand them over to the seller if the seller has not offered to pick up the goods. ​

 

If the buyer has expressly chosen a different type of delivery than the standard delivery offered by the seller, the seller shall nevertheless not pay the additional costs this entails. ​

 

Repayment must take place without undue delay, and no later than 14 days from when the seller was notified of the buyer's decision to exercise the right of withdrawal. Unless something else has been expressly agreed with the buyer, the repayment must be made using the same means of payment that the buyer used. The buyer shall not pay any kind of fee as a result of the refund. ​

 

The seller can withhold the refund until the goods have been received, or until the buyer has presented documentation that the goods have been sent back. This does not apply when the seller has offered to collect the goods. ​

 

The buyer must bear the costs of returning the goods if the right of withdrawal is used. ​

 

The buyer can examine the product before he or she regrets the purchase. The item must still be able to be returned to the seller in approximately the same condition and quantity as it was in when the buyer received it. The seller can demand that the consumer compensates for reduction in value as a result of the buyer's handling of the goods which has not been necessary to determine the nature, characteristics and function of the goods.

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The buyer should return the item to the seller in the original packaging if this is possible. The buyer cannot regret the purchase of goods that deteriorate quickly, goods that for reasons of health protection or hygiene are not suitable for return, or of sound and image recordings (including CDs, DVDs) or computer programs where the seal has been broken.

 

 

 

EXAMINATION OF THE ITEM ​

 

When the buyer receives the item, it is recommended that he or she examines to a reasonable extent 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 correspond to the order or has defects, the buyer must notify the seller in the event of a complaint, cf. the contract's clause on "Complaints in the event of defects and deadline for reporting claims in the event of delay".

 

COMPLAINT IN CASE OF DEFICIENCY AND DEADLINE FOR REPORTING CLAIMS IN THE EVENT OF DELAY ​ ​

 

If there is a defect in the goods, the buyer must, within a reasonable time after he or she discovered it, notify the seller that he or she wants to claim the defect. The deadline 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 product or parts of it are intended to last significantly longer, the complaint deadline 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 arrived and the item has not been delivered. If the item has been paid for by credit card, the buyer can also choose to advertise and send a claim directly to the creditor (credit card company). The message to the seller or credit provider should be in writing (e-mail, fax or letter).

 

 

 

BUYER'S RIGHTS IN CASE OF DELAY ​ ​

 

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, according to the rules in Chapter 5 of the Consumer Purchase Act, withhold the purchase price, demand performance, cancel the agreement and demand compensation from the seller. ​

 

Fulfillment: If the seller does not deliver the goods at the time of delivery, the buyer can maintain the purchase and set a reasonable additional deadline for 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. If the difficulties disappear within a reasonable time, the consumer can demand fulfillment. ​

 

Termination: The buyer can 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 that the buyer has set. The buyer cannot nevertheless cancel the agreement while the additional deadline is running, unless the seller has said that he or she will not fulfill within the deadline. ​

 

Compensation: The buyer can also claim compensation for losses he or she suffers as a result of the delay on the part of the seller, cf. § 24 of the Consumer Purchase Act. ​ The buyer must report claims to the seller in the event of a claim, cf. this contract's section on "Complaints in the event of a defect and deadline for reporting claims in the event of delay".

 

 

 

BUYER'S RIGHTS IN CASE OF DEFECT ​ ​

 

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 of the Consumer Purchase Act, chapter 6, withhold the purchase price, choose between rectification and redelivery, demand a price reduction, the demand agreement terminated and compensation from the seller. ​

 

Correction or redelivering: If the item has a defect, the buyer can demand that the seller correct the defect or redeliver the corresponding item. The seller can object to the buyer's claim if the implementation of the claim is impossible or causes the seller unreasonable costs. ​

 

The seller must carry out the correction or redelivery within a reasonable time. Correction or delivery must be made without cost to the buyer, without the risk that the buyer will not be able to cover his expenses and without significant inconvenience for the buyer. The seller cannot make more than two attempts at correction or redelivery for the same defect, unless there are special reasons that make further attempts reasonable. Even if the buyer neither requires correction nor redelivery, the seller can offer correction or redelivery if this happens without delay. If the seller arranges for such rectification or redelivery, the buyer cannot demand a price reduction or cancellation.

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Price discount: If the defect is not corrected or re-delivered, the buyer can demand a proportionate price discount. ​

 

Cancellation: Instead of a price reduction, the buyer can cancel the agreement, except when the defect is immaterial. ​

 

Compensation: The buyer can also claim compensation for financial loss he or she suffers as a result of the product having a defect, cf. § 33 of the Consumer Purchase Act. ​ The buyer must report a claim to the seller in the event of a complaint, cf. this contract's point "Complaint in the event of a defect and deadline for reporting a claim in the event of a delay". 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.

 

 

 

SELLER'S RIGHTS IN THE BUYER'S DEFAULT

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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, 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 and compensation from the buyer. The seller may also, depending on the circumstances, be able to demand interest in the event of late payment, debt collection fees and fees for non-prepaid uncollected goods. ​

 

Fulfillment: If the buyer does not pay, the seller can maintain the purchase and demand that the buyer pays the purchase price (fulfillment). If the goods have not been delivered, the seller loses his right if he waits an unreasonably long time to make the claim.

 

Termination: In the event of significant payment default or other significant default by the buyer, the seller can terminate the agreement. The seller cannot withdraw after the purchase price has been paid. ​ The seller can also cancel the purchase if the buyer does not pay within a reasonable additional deadline for fulfillment that the seller has set. However, the seller cannot cancel while the additional period is running, unless the buyer has said that he or she does not want to pay. 

 

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 Act on interest for late payment. In the event of non-payment, the claim may, after prior notice, be sent to debt collection, and the buyer may then be held liable for fees in accordance with the law on debt collection activities and other collection of overdue monetary claims. ​ Fee for uncollected, non-prepaid goods: If the buyer fails to collect unpaid goods, the seller can charge the buyer a fee of NOK 250 or equivalent in other currency, + return shipping. 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.

 

 

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PERSONAL INFORMATION

 

Unless the buyer agrees otherwise, the seller 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 personal details of buyers under the age of 15 cannot be obtained unless the seller has consent from parents or guardians. The buyer's personal information must only be disclosed to others if it is necessary for the seller to complete 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 data 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 at the conclusion of the agreement. The seller must give the buyer information about what the personal data will be used for and about who will use the personal data. The buyer's consent must be voluntary and given by an active action, for example by ticking the box. ​

 

The buyer must be able to easily contact the seller, for example by phone or e-mail, if he or she has questions about the seller's use of personal data or if he or she wants the seller to delete or change the personal data. ​

 

 

 

COOKIES ​ ​

 

smaagladevenner.com contains so-called cookies. You can look around the online store without cookies, but you cannot shop. We use cookies to manage the contents of your shopping basket. It is a text file that is saved on your computer. We also store information about whether you have chosen to view the category pages with or without images. If your web browser or firewall is set to prevent the storage of cookies, the website may stop working or you may have problems completing a sale.

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CONFLICT RESOLUTION ​ ​

 

The parties shall attempt to resolve any disputes amicably. The buyer can contact the Consumer Council to get assistance in any dispute with the seller. If an amicable solution is not reached after mediation in the Consumer Council, the parties can request in writing that the Consumer Council refer the dispute to the Consumer Dispute Committee. 13) Decisions of the Consumer Disputes Committee are legally binding four weeks after notification. Before the decision is legally binding, the parties can, by submitting a summons to the Consumer Disputes Committee, bring the decision before the district court.

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