Terms of sale
1. The Agreement The agreement consists of these terms of sale, information provided in the ordering system, and any specially agreed terms. In case of any conflict between the information, the terms specifically agreed upon by the parties take precedence, provided they do not contradict mandatory legislation.
The agreement will also be supplemented by relevant legal provisions that regulate the purchase of goods between businesses and consumers.
2. The Parties The seller is Orfeus Publishing AS, Thomas Heftyes g. 41, 0267 Oslo, post@orfeuspublishing.no, +4795708648, Org. no. 928 624 994, hereinafter referred to as the seller/the Seller.
The buyer is the consumer who makes the order, hereinafter referred to as the buyer/the Buyer.
3. Price The stated price for the goods and services is the total price the buyer will pay. This price includes all taxes and additional costs. Any additional costs that the seller has not informed about before the purchase shall not be borne by the buyer.
4. Conclusion of the Agreement The agreement is binding for both parties when the buyer has submitted their order to the seller.
However, the agreement is not binding if there have been typographical or clerical errors in the seller's offer in the online store ordering system or the buyer's order, and the other party realized or should have realized such an error existed.
5. Payment The seller may demand payment for the goods from the time they are shipped from the seller to the buyer.
If the buyer uses a credit card or debit card for payment, the seller can reserve the purchase amount on the card upon ordering. The card is charged on the same day as the goods are shipped.
When paying by invoice, the invoice to the buyer is issued upon shipment of the goods. The payment deadline is stated on the invoice and is at least 14 days from receipt.
Buyers under 18 years old cannot pay with subsequent invoices.
6. Delivery Delivery is considered completed when the buyer, or their representative, has taken possession of the goods.
If the delivery time is not specified in the ordering system, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the customer's order. The goods shall be delivered to the buyer unless otherwise specifically agreed upon between the parties.
7. Risk of the Goods The risk for the goods passes to the buyer when they, or the buyer's representative, have received the goods in accordance with point 6.
8. Right of Withdrawal Unless the agreement is exempt from the right of withdrawal, the buyer may cancel the purchase of the goods under the Right of Withdrawal Act.
The buyer must notify the seller of the use of the right of withdrawal within 14 days from when the period starts. The period includes all calendar days. If the period ends on a Saturday, public holiday, or bank holiday, the period is extended to the nearest business day.
The withdrawal period is considered met if the notification is sent before the expiration of the period. The buyer bears the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be made in writing (withdrawal form, email, or letter).
The withdrawal period starts:
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For single items, from the day after the item(s) is received.
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For subscriptions or regular delivery agreements, from the day after the first shipment is received.
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For purchases consisting of multiple deliveries, from the day after the last delivery is received.
The withdrawal period is extended to 12 months after the original period if the seller does not inform about the right of withdrawal and the standardized withdrawal form before the conclusion of the agreement. The same applies in the absence of information about conditions, deadlines, and procedures for using the right of withdrawal. If the business provides the information within these 12 months, the withdrawal period still expires 14 days after the buyer receives the information.
When using the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days from the notification of the use of the right of withdrawal. The buyer covers the direct costs of returning the goods unless otherwise agreed or the seller has failed to inform that the buyer must cover the return costs. The seller cannot impose a fee for the buyer's use of the right of withdrawal.
The buyer can try or test the goods in a reasonable manner to ascertain their nature, properties, and function without the right of withdrawal being lost. If testing goes beyond what is reasonable and necessary, the buyer may be held responsible for any reduced value of the goods.
The seller is obliged to refund the purchase amount to the buyer without undue delay and no later than 14 days from the day the seller received notification of the buyer’s decision to use the right of withdrawal. The seller is entitled to withhold payment until they have received the goods back or the buyer has provided proof that the goods have been returned.
9. Delay and Non-delivery - The Buyer's Rights and Deadline for Filing Claims If the seller fails to deliver the goods or delivers them late according to the agreement, and this is not due to the buyer or circumstances on the buyer's part, the buyer can, under the rules in the Consumer Purchase Act Chapter 5, withhold the purchase amount, demand fulfillment, cancel the agreement, and/or claim compensation from the seller.
(Sections 10–14 would be translated similarly, covering defects, the seller’s rights in case of breach by the buyer, guarantees, personal data, and conflict resolution.)
10. Defects in the Goods - The Buyer's Rights and Complaint Period
If there is a defect in the goods, the buyer must notify the seller within a reasonable time after it was discovered or should have been discovered, stating that they will invoke the defect. The buyer always complies with the complaint period if they notify the seller within two months from when the defect was discovered or should have been discovered. Complaints can be made up to two years after the buyer took possession of the goods. If the goods or parts of them are intended to last significantly longer than two years, the complaint period is five years.
If the goods have a defect, and this is not due to the buyer or circumstances on the buyer's side, the buyer can, in accordance with the rules in the Consumer Purchase Act Chapter 6, withhold the purchase amount, choose between repair or replacement, demand a price reduction, cancel the agreement, and/or claim compensation from the seller.
Complaints to the seller should be made in writing.
Repair or Replacement The buyer can choose to demand that the defect be repaired or that a similar item be delivered. However, the seller can object to the buyer's demand if fulfilling the demand is impossible or would impose unreasonable costs on the seller. Repairs or replacements must be carried out within a reasonable time. The seller is generally not entitled to make more than two attempts to rectify the same defect.
Price Reduction The buyer can demand a suitable price reduction if the goods are not repaired or replaced. This means that the ratio between the 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 as the significance of the defect for the buyer.
Cancellation If the goods are not repaired or replaced, the buyer can also cancel the purchase if the defect is not insignificant.
11. The Seller’s Rights in Case of Breach of Contract by the Buyer
If the buyer does not pay or fulfill the 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 can, according to the rules in the Consumer Purchase Act Chapter 9, under certain conditions, withhold the goods, demand fulfillment of the agreement, cancel the agreement, and/or claim compensation from the buyer. The seller may also, under certain circumstances, demand interest on late payment, collection fees, and a reasonable fee for uncollected goods.
Fulfillment The seller can insist on the purchase and demand that the buyer pay the purchase price. If the goods have not been delivered, the seller loses their right if they wait unreasonably long to assert the claim.
Cancellation The seller can cancel the agreement if there is significant payment default or other material breaches by the buyer. However, the seller cannot cancel if the entire purchase price has been paid. If the seller sets a reasonable additional period for fulfillment, and the buyer does not pay within this period, the seller can cancel the purchase.
Interest on Late Payment / Collection Fees If the buyer does not pay the purchase amount in accordance with the agreement, the seller may demand interest on the purchase amount according to the Late Payment Interest Act. In case of non-payment, the claim can be sent to collection after prior notice. The buyer may 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 not exceed the seller's actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years old.
12. Warranty
Any warranty provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory law. Therefore, a warranty does not limit the buyer’s right to make complaints and claims in the event of delay or defects as outlined in points 9 and 10.
13. Personal Data
The data controller for collected personal data is the seller. Unless the buyer agrees otherwise, the seller may only collect and store the personal data necessary to fulfill the seller's obligations under the agreement, in accordance with the Personal Data Act. The buyer’s personal data will only be disclosed to others if necessary for the seller to fulfill the agreement with the buyer or in cases required by law.
14. Dispute Resolution
Complaints should be directed to the seller within a reasonable time, in accordance with points 9 and 10. The parties should attempt to resolve any disputes amicably. If this is not successful, the buyer may contact the Consumer Authority for mediation. The Consumer Authority can be reached at phone number 23 400 600 or www.forbrukertilsynet.no.
The European Commission's complaint portal can also be used if you wish to file a complaint. This is particularly relevant if you are a consumer residing in another EU country. The complaint can be filed here: http://ec.europa.eu/odr.