Terms of Sale

The agreement consists of these terms of sale, the information provided in the ordering process and any terms separately agreed between the parties. If any information conflicts, the terms specifically agreed between the parties will take precedence, provided they do not conflict with mandatory law.

The agreement is also supplemented by relevant statutory provisions governing the sale of goods between businesses and consumers.

The seller is Godhund (Steen Commerce AS, organisation no.: 935 934 621, Badevikvegen 26, 4160 Finnøy, Norway) and is referred to below as the seller.

The buyer is the consumer who places the order and is referred to below as the buyer.

The stated price for the goods and services is the total price the buyer must pay. This price includes all taxes and additional charges. The buyer is not responsible for any further costs that the seller did not disclose before the purchase.

The agreement becomes binding on both parties when the buyer submits their order to the seller.

However, the agreement is not binding if the seller’s offer in the online store’s ordering process or the buyer’s order contains a written or typographical error and the other party realised, or should have realised, that an error had occurred.

The seller may require payment for the item from the time it is dispatched by the seller to the buyer.

If the buyer pays by credit or debit card, the seller may place an authorisation hold for the purchase amount when the order is placed. The card will be charged on the same day the item is dispatched.

For payment by invoice, the invoice will be issued when the item is dispatched. The payment deadline will be stated on the invoice and will be at least 14 days from receipt.

Buyers under 18 years of age cannot pay by deferred invoice.

Delivery has taken place when the buyer, or the buyer’s representative, takes possession of the item.

If no delivery time is stated in the ordering process, the seller must deliver the item to the buyer without undue delay and no later than 30 days after the customer places the order. The item must be delivered to the buyer unless the parties have specifically agreed otherwise.

Risk in the goods passes to the buyer when the buyer, or the buyer’s representative, has received the goods in accordance with section 6.

Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw from the purchase of the item in accordance with the Norwegian Right of Withdrawal Act.

The buyer must notify the seller that they are exercising the right of withdrawal within 14 days from the date the withdrawal period begins. The period includes all calendar days. If the period ends on a Saturday, public holiday or other non-business day, it is extended to the next business day.

The withdrawal period is considered met if notice is sent before the period expires. The buyer bears the burden of proving that the right of withdrawal was exercised, so notice should be provided in writing (withdrawal form, email or letter).

The withdrawal period begins:

• For the purchase of individual goods, the withdrawal period begins on the day after the item or items are received.
• If a subscription is sold, or the agreement involves regular delivery of identical goods, the period begins on the day after the first shipment is received.
• If the purchase consists of several deliveries, the withdrawal period begins on the day after the final delivery is received.

The withdrawal period is extended to 12 months after the original period expires if, before the agreement is entered into, the seller does not provide information about the right of withdrawal and the standard withdrawal form. The same applies if information about the conditions, time limits and procedure for exercising the right of withdrawal is not provided. If the trader provides the information within those 12 months, the withdrawal period will nevertheless expire 14 days after the day the buyer receives 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 after notice of exercising the right has been given. The buyer bears the direct cost of returning the item unless otherwise agreed, or unless the seller failed to inform the buyer that they would be responsible for the return costs. The seller may not charge the buyer a fee for exercising the right of withdrawal.

The buyer may handle or test the item in a reasonable way to determine its nature, characteristics and function without losing the right of withdrawal. If the handling or testing goes beyond what is reasonable and necessary, the buyer may be liable for any reduction in the item’s value.

The seller must refund the purchase price to the buyer without undue delay and no later than 14 days after receiving notice of the buyer’s decision to exercise the right of withdrawal. The seller may withhold the refund until the goods have been received from the buyer or the buyer has provided evidence that the goods have been sent back.

If the seller does not deliver the item or delivers it late under the agreement between the parties, and this is not due to the buyer or circumstances on the buyer’s side, the buyer may, depending on the circumstances and under Chapter 5 of the Norwegian Consumer Purchases Act, withhold payment, require performance, , terminate the agreement and/or claim damages from the seller.

For evidentiary reasons, notice of a claim for remedies following breach should be provided in writing, for example by email.

Performance

The buyer may affirm the purchase and require performance by the seller. However, the buyer cannot require performance if there is an obstacle the seller cannot overcome, or if performance would cause the seller such substantial inconvenience or cost that it would be materially disproportionate to the buyer’s interest in performance. If the difficulty ceases within a reasonable time, the buyer may nevertheless require performance.

The buyer loses the right to require performance if they wait an unreasonably long time before making the claim.

Termination

If the seller does not deliver the item by the delivery date, the buyer must ask the seller to deliver within a reasonable additional period. If the seller does not deliver within that additional period, the buyer may terminate the purchase.

The buyer may, however, terminate the purchase immediately if the seller refuses to deliver the item. The same applies if delivery at the agreed time was essential to entering into the agreement, or if the buyer informed the seller that the delivery time was essential.

If the item is delivered after the additional period set by the consumer, or after the delivery time that was essential to entering into the agreement, a claim to terminate must be made within a reasonable time after the buyer learns of the delivery.

Damages

The buyer may claim compensation for loss suffered as a result of the delay. This does not apply if the seller demonstrates that the delay was caused by an obstacle beyond the seller’s control that could not reasonably have been taken into account when the agreement was entered into, and whose consequences could not reasonably have been avoided or overcome.

If the item is defective, the buyer must notify the seller within a reasonable time after the defect was discovered or should have been discovered that they intend to rely on the defect. Notice is always considered timely if given within 2 months after the defect was discovered or should have been discovered. A complaint may be made no later than two years after the buyer took possession of the item. If the item, or parts of it, is intended to last substantially longer than two years, the complaint period is five years.

If the item is defective and this is not due to the buyer or circumstances on the buyer’s side, the buyer may, depending on the circumstances and under Chapter 6 of the Norwegian Consumer Purchases Act, withhold payment, choose between repair and replacement, claim a price reduction, terminate the agreement and/or claim damages  from the seller.

A complaint to the seller should be made in writing.

Repair or replacement

The buyer may choose between requiring the defect to be repaired or receiving a corresponding replacement item. However, the seller may refuse the buyer’s chosen remedy if carrying it out is impossible or would cause the seller unreasonable costs. Repair or replacement must be completed within a reasonable time. As a general rule, the seller is not entitled to make more than two attempts to remedy the same defect.

Price reduction

The buyer may claim an appropriate price reduction if the item is not repaired or replaced. This means that the ratio between the reduced and agreed price must correspond to the ratio between the item’s value in its defective condition and its value in the condition required by the agreement. If there are special reasons, the price reduction may instead be set according to the significance of the defect to the buyer.

Termination

If the item is not repaired or replaced, the buyer may also terminate the purchase if the defect is not insignificant.

If the buyer does not pay or fulfil their other obligations under the agreement or the law, and this is not due to the seller or circumstances on the seller’s side, the seller may, depending on the circumstances and under Chapter 9 of the Norwegian Consumer Purchases Act, withhold the item, require performance of the agreement or have the agreement terminated , and claim damages from the buyer. Depending on the circumstances, the seller may also claim interest on late payment, debt-collection fees and a reasonable fee for uncollected goods..

Performance

The seller may affirm the purchase and require the buyer to pay the purchase price. If the item has not been delivered, the seller loses this right if they wait an unreasonably long time before making the claim.

Termination

The seller may terminate the agreement if the buyer is in material default of payment or otherwise materially breaches the agreement. However, the seller cannot terminate if the full purchase price has been paid. If the seller sets a reasonable additional period for performance and the buyer does not pay within that period, the seller may terminate the purchase.

Interest on late payment and debt-collection fees

If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price under the Norwegian Act relating to Interest on Overdue Payments. If payment is not made, the claim may, after prior notice, be referred for debt collection. The buyer may then be held responsible for fees under the Norwegian Debt Collection Act.

Fee for uncollected goods that have not been prepaid

If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee must not exceed the seller’s actual costs of delivering the item to the buyer. Buyers under 18 years of age cannot be charged such a fee.

Any warranty provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory law. A warranty therefore does not limit the buyer’s right to make complaints or claims relating to delay or defects under sections 9 and 10.

The seller is the data controller for the personal data collected. Unless the buyer consents otherwise, the seller may, in accordance with the Norwegian Personal Data Act, collect and store only the personal data necessary for the seller to fulfil its obligations under the agreement. The buyer’s personal data will be disclosed to others only where necessary for the seller to perform the agreement with the buyer, or where required by law.

Complaints must be directed to the seller within a reasonable time, as described in sections 9 and 10. The parties must attempt to resolve any dispute amicably. If this is unsuccessful, the buyer may contact the Norwegian Consumer Authority for mediation. The Norwegian Consumer Authority can be reached by phone on 23 400 600 or www.forbrukertilsynet.no.

The European Commission’s complaints portal may 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.