ENERGI5 AS Standard Terms of Sale for Consumer Purchases of Goods Over the Internet
This purchase is regulated by the Standard Terms of Sale for Consumer Purchase Over the Internet below. Consumer purchase refers to sales of goods to consumers who do not primarily make purchases for business and when the seller conduct business with the sale of goods over the internet. The contract is compiled and recommended for use by the Consumer Ombudsman.
Consumer purchases over the Internet is mainly regulated by the Contracts Act, Consumer Purchases Act, Marketing Act, Cancellation Act and E-Commerce Act, and these acts give consumers mandatory rights. The contract terms should not be interpreted as a limitation of the statutory rights and instead stipulates the most important rights and obligations of the parties. The seller can choose to offer the buyer better terms than those stated in these Terms of Sale.
In cases where the contract does not directly provide the solution to a problem, the contract must be supplemented with relevant legislative provisions.
The contract between buyer and seller consists of information that the seller provides about the purchase in the order solution on the website (including information about the nature, quantity, quality, characteristics, price and delivery conditions of the product), any direct correspondence between the parties (e.g. by email), as well as these Terms of Sale.
In case of conflict between the purchase information provided by the seller in the order solution on the online store, the direct correspondence between the parties and the conditions presented in the Terms of Sale, the direct correspondence between the parties and the information given in order solution will be considered more valid than the Terms of Sale, unless contrary to binding legislation.
Seller Company Name: ENERGI5 AS
Contact Address: Vabakkjen 6, Stord 5411
Phone: +47 94 18 18 14
Corporate identity number: 917 89 4434
The buyer is the company or person placing the order.
The prices quoted in the online store exclude VAT. Information about the total cost payable by the buyer includes all taxes (VAT, Customs, etc.) and delivery fees (Shipping, postage, invoice fee, packaging, etc.), as well as specification of the individual elements of the total price, is provided in the order solution before the order is placed. International deliveries of goods are to be sold without added VAT, customs, and any other charges applied in the buyer's country.
The contract is binding for both parties once the buyer's order is received by the seller. Any party is not bound by the contract if a writing or typing error has occurred in the seller quotation or the buyer's order, and the other party either realized or should have realized that such a mistake had been made.
The seller is to without undue delay confirm the order by sending an order confirmation to the buyer once the seller has received the order in question. It is recommended that the buyer verifies that the order confirmation matches their order when it comes to quantity, product type, price etc. The buyer should contact the seller as soon as possible if the order does not match the order confirmation.
The seller may demand payment for the goods from the time it is sent from the seller to the buyer. If the buyer uses a credit card 2) or debit card 3) upon payment, the seller can reserve the purchase on the card for up to 4 days from the time that the order was placed. 4) The Consumer Credit Act applies when payment is made by credit card. 5) If the seller offers post-invoicing, the invoice is to be sent to the buyer for Standard Payment Terms of Sale (Version 1.0) Consumer Purchase of Goods Over the Internet from ENERGI5 AS, Vabakkjen 6, Stord 5411. The duration shall be a minimum of 14 days from the date that buyer receives the shipment. If the seller specifically needs to require advance payment from the buyer, e.g. for manufacturing purchases, the seller may require this. Buyers under the age of 18 can only pay directly upon seller delivery of the goods, or by cash upon delivery of the goods. 6)
The delivery of goods from seller to buyer will occur in the manner and at the time stated in the online store order solution. If delivery time is not stated in the order solution, the seller shall deliver the goods to the buyer within a reasonable time and no later than 45 days after the order was placed. If the seller is to ensure that the goods are shipped to the buyer, the seller is obligated to ship the goods to the destination in a suitable manner where regular terms for such transportation applies. The destination is the buyer unless otherwise agreed upon between the parties.
8.Risk of Goods
In accordance with the contract, te risk of the goods is passed onto to the buyer once the goods are taken into custody of the buyer. If the buyer fails to accept delivery of the goods that have been placed at his or her disposal upon delivery date, the buyer still carries the risk of loss or damage caused by characteristics of the good itself.
The buyer may cancel the purchase of the goods in accordance with the Cancellation Act 7). The right of Cancellation means that the buyer can return the goods to the seller without a particular reason even if there is nothing wrong with the good or it has not been delivered yet.
The buyer must give the seller notice within 14 days after the delivery of the goods and the information about the Right of Cancellation and the corresponding Return slip has been received. If the buyer receives the Return slip and the required information later than upon delivery of the good, the Return Period is to start at the date the buyer received the return slip and the required information. If the buyer has not received sufficient information or a Return slip, the Return Period will start 3 months after the goods have been received. If the buyer has not received any information about their right to cancel and return the goods, the deadline is to be 1 year.
The notice from the buyer to the seller about the use of this right should, in terms of evidence, be carried out in writing (By means of return slip, email, fax or mail) and must contain information about how the buyer will return the item to the seller.
When using the Right of Cancellation, the seller must return the goods within a reasonable time. The seller is obliged to refund the full purchase price to the buyer within 14 days from the date that the seller received the goods or the goods were placed at the seller's disposal. The seller cannot charge any fees for the buyer's use of their right to cancel, but the seller may require the buyer to pay the cost of the return shipping.
The buyer can examine the goods before he or she returns them. The goods must be sent back to the seller in the same condition and quantity as when the buyer received it. Buyer should send the goods back to the seller in their original packaging if possible.
The buyer has the right to cancel the purchase of the goods if the goods are not in stock and subject to production lead time. The buyer is obliged to give the seller notice before the shipping of the manufactured goods.
The buyer can not cancel their purchase of manufactured goods (subject to production lead time) if the buyer did not give the seller notice before the seller ship the manufactured goods.
The buyer can not regret their purchase of goods if the goods deteriorate rapidly, or if the goods by nature cannot be returned, or if the purchase consists of audio and video recordings (including CDs, DVDs) or computer applications where the seal can be broken. The latter exception only applies if the seller has clearly informed the buyer of the Return Conditions of the seal.
10.Examination of Goods
When the buyer receives the item, it is recommended that he or she examine whether it complies with the order to a reasonable extent. The buyer should also examine if the goods have been damaged in transit or if they are faulty in any other way. If the item does not match the order or appears to be faulty, the buyer must notify the seller of their claim, ref. Contract sec. 11.
11.Defect Claims and the Time-limit to Submit Such Claims in Case of Delay.
The buyer must notify the seller of any faults within a reasonable time after he or she has discovered this. The time-limit cannot be shorter than two months from the time the consumer discovered the defect. Claims can still be made two years after the buyer has accepted the goods. If the goods - or part of it - is supposed to last considerably longer, the warranty period is extended to five years. In case of delay, the buyer must notify the seller within a reasonable time after the expected delivery and the goods have not been delivered. If the goods were paid by credit card, the buyer may also choose to submit a claim directly to the creditor (The credit card company). 8) The notification to seller or the creditor should be made in writing (by email, fax or mail).
12.Buyer’s Rights in Case of Delay
If the seller does not deliver the goods or deliver it too late in accordance with the contract between the parties, and this is not due to the buyer, the buyer has the right to withhold payment, demand fulfillment of the purchase or terminate the contract and demand compensation from the seller per the Consumer Purchases Act, chap. 5.
Fulfillment: If the seller does not deliver the goods at the time of delivery, the buyer may hold the seller to the purchase and set a reasonable additional deadline for the seller. The buyer cannot demand fulfillment of the purchase if there is an obstacle that the seller cannot overcome or if fulfilling the order would cause such a big disadvantage or cost to the seller that it is significantly disproportionate to the buyer's interest. If this difficulty disappears within a reasonable timeline, the consumer has the right to demand fulfillment of the order.
Termination: The buyer may cancel the contract with the seller if the delay is significant or if the seller does not deliver the goods within the additional period stated by the buyer. The buyer may not terminate the contract while the deadline is still set, unless the seller has said he or she will not meet the deadline.
Compensation: The buyer may also demand compensation for any losses they suffer as a result of the seller's delay, ref. Consumer Purchases Act, §24. The buyer must submit claims to the seller in accordance with sec. 11 of this contract.
13.Buyer’s Rights in Case of Defect Claim
If the item is faulty and this is not due to the buyer, the buyer can in accordance with the rules of the Consumer Purchases Act, chap. 6 withhold payment, choose between repair and replacement, demand price reduction, require that the contract be terminated, and demand compensation from the seller.
Repair or replacement: If the item is faulty, the buyer may require the seller to repair the defect or replace the same item. The seller may refuse the buyer's requirement if the implementation of the requirement is impossible or causes the seller unreasonable costs.
The seller is to repair or replacement the item within a reasonable time. Repair or replacement shall be made at no cost to the buyer and mean no risk that the buyer will not cover their expenses, and without any significant inconvenience to the buyer. The seller may not make more than two attempts to repair or replace the same defect, unless there are specific reasons that make further attempts reasonable.
Even if the buyer does not require repair or replacement, the seller may offer repair or replacement if this occurs without any delay. If the seller makes such a repair or replacement, the buyer cannot demand a price reduction or termination of contract.
Price reduction: The buyer can demand a proportional price reduction if the defect is not repair or replaced.
Termination: The buyer can choose to terminate the contract instead of accepting a price reduction, unless the defect is insignificant.
Compensation: The buyer may also demand compensation for financial losses they suffer as a result of the faulty goods, ref. Consumer Purchases Act §33. The buyer must submit claims to the seller in accordance with section 11 of this contract. The rules concerning complaints are valid, in addition to and regardless of, the cancellation right and any guarantees made by the seller.
14.Seller’s Rights in Case of Buyer’s Breach of Contract
If the buyer fails to pay or meet other obligations stipulated in this contract, and this is not due to the seller, the seller can in accordance with the rules of the Consumer Purchases Act, chap. 9 withhold the goods, demand fulfillment of the contract, terminate the contract and demand compensation from the buyer. The seller may also charge interest on late payments, charge for collection charges and fees for goods that have not been paid for in advance.
Fulfillment: If the buyer does not pay, the seller may hold the buyer to the purchase and require the buyer to pay the purchase price (Fulfillment). If the item has not been delivered, the seller will lose their rights stipulated in the Terms of Sale for Consumer Purchases if the seller waits an unreasonable time before submitting the claim.
Termination: In case of considerable non-payment or other significant breach of contract by the buyer, the seller may terminate the contract. The seller may not terminate the contract after the purchase has been paid.
The seller may also terminate the contract if the buyer does not pay within a reasonable extended deadline set by the seller. The seller can not terminate the contract while the deadline is still valid, unless the buyer has declared that he or she will not pay.
Compensation: The seller may claim compensation from the buyer for financial losses they suffer as a result of breach of contract by the buyer, ref. Consumer Purchases Act §46.
Interest on overdue payments/collection charges: If the buyer fails to pay the purchase price stated in the contract, the seller may claim interest on the purchase price in accordance with the Act of Interest on Overdue Payments 9). Insufficient payment may, after prior notification to the buyer, be sent to debt collection, and the buyer could then be held liable for charges in accordance with the Act of Debt Collection and other collection of overdue claims. 10).
Fees for uncollected non-prepaid goods: If the buyer fails to collect unpaid goods, the seller can charge the buyer a fee of 100 NOK, - + Shipping fees. The fee is allowed to cover the seller's actual disbursements for delivering the goods to the buyer. Buyers under the age of 18 cannot be charged such fees. 11).
Warranties provided by the seller or manufacturer gives the buyer rights in addition to the rights the already applicable buyer's rights. A warranty therefore implies no restrictions on the buyer's the right to cancel and claims for delays or defects mentioned in paragraph 12 and 13.
16.Personal Information 12).
Unless the buyer agrees, the seller may only collect and store personal information that is necessary for the seller to carry out the obligations mentioned in the contract. The personal information of buyers under 15 cannot be obtained unless the seller has parental consent. The buyer's personal information may only be disclosed to others if it is necessary for the seller to carry out the contract with the buyer, or under legal circumstances.
The seller can only obtain the buyer's personal identification number if there is an immediate need for secure identification and such acquisition therefore is necessary.
If the seller wishes to use the buyer's personal information for other purposes, such as to send the buyer promotional mail or information beyond what is required to implement the contract, the seller must obtain consent from the buyer when the contract is entered. The seller must give the buyer information about what personal information will be used for and about who will use their personal information. Buyer's consent must be voluntary and emitted by a conscious action, such as by checking that they'd like to receive promotional mail when creating their account.
The buyer should easily be able to contact the seller, for example by telephone or email, if he or she has any questions about the seller's use of personal information or if he or she wants the seller to delete or modify their personal information.
The parties shall seek to resolve any disputes amicably. The buyer can contact the Consumer Council for assistance in a dispute with the seller. If no amicable solution has been reached after mediation by the Consumer Council, the parties may request in writing that the Consumer Council present the dispute to the Consumer Disputes Commission.13 Decisions made by the Consumer Disputes Commission is enforceable four weeks after the preaching. Before the decision is enforceable, the parties may, by submitting the subpoena to the Consumer Disputes Commission, have the decision reviewed by the District Court.
1) See Act of June 19th, 1969 no. 66 on VAT §16.
2) A credit card is a payment card where the settlement of the purchase occurs after the credit giver (The credit card company) sends the cardholder an invoice demanding payment. 3) A debit card is a payment card linked to a deposit account. Using the card means that the user's account will be charged and the amount is transferred to the beneficiary's account.
4) Ref. The Terms and Conditions prepared by the common Contract Committee for Norwegian Savings Banks Association and the Financial Services Confederation - Terms and Conditions for Credit Cards and Charge Cards - Consumer Contracts, paragraph 12 and the Terms and Conditions for Payment Cards prepared by the Norwegian Savings Banks Association and the Financial Services Confederation, paragraph 11.
5) Act of June 21st of 1985 no. 82 on Credit Card Purchases, etc.
6) Persons under 18 years can only pay in the aforementioned ways since they cannot accumulate debts, ref. Act of April 22nd of 1927 on Guardianship of Minors §2.
7) Act of December 21st of 2000 no. 105 on Disclosure and Buyer's Right to Cancel for remote sales and non-permanent sales (The Cancellation Act).
8) Act of June 21st of 1985 no. 82 on Credit Card Purchases, etc., §.
9) The Act of December 17th of 1976 no. 100 on Interest on Overdue Payments.
10) Act of May 13th of 1988 no. 26 on Debt Collection and Other Collection of Overdue Claims.
11) Fees can not be required by persons under the age of 18 as they cannot collect debt, ref. §2.
12) See Act of April 14th of 2000 no. 31 on The Processing of Personal Information.
13) See the Act of April 28th of 1978 no. 18 on The Handling of Consumer Disputes.