Terms and Conditions
This purchase is governed by the following terms and conditions of sale for the purchase of goods over the Internet. Consumer purchases over the Internet are mainly regulated by the Contract Act, the Consumer Purchase Act, the Marketing Act, the Cancellation Act and the E-Commerce Act, and these laws give the consumer mandatory rights. The laws are available at www.lovdata.no. The terms of this agreement shall not be understood as any limitation of the statutory rights, but set out the parties’ main rights and obligations for the trade.
1. The Agreement
The agreement consists of these terms and conditions of sale, the information provided in the ordering solution and any separately agreed terms and conditions. In the event of any contradiction between the information, what has been specifically agreed between the parties takes precedence, unless it is contrary to mandatory legislation.
The agreement will also be supplemented by relevant legal provisions governing the purchase of goods between traders and consumers.
2. The parties
The seller is FIERCE JUSTICE, Sofienberggata 23B, 0558 OSLO, Norway, Org. No. 931 963 813, and is hereinafter referred to as the seller/seller. The buyer is the consumer who places the order, and is hereinafter referred to as the buyer/buyer.
The price quoted for the item is the total price the buyer will pay for the product. All payments are made through Vipps. Shipping is normally additional, but some products have the shipping included in the total price. In which case these are clearly labelled.
4. Conclusion of the contract
The contract 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 there was such an error.
The seller can demand payment for the goods from the time they are sent from the seller to the buyer.
If the buyer uses a credit or debit card for payment, the seller may reserve the purchase price on the card when ordering.
Delivery of our product(s) is made when the buyer, or his/her representative, has taken possession of the goods / product. If the time of delivery is not stated in the ordering solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the order from the customer. The goods shall be delivered to the buyer unless otherwise specifically agreed between the parties.
For physical items / products we have in stock locally, we take care of shipping and returns ourselves. These products will not be sent out from any third-party supplier.
7. Risk of the goods
The risk in the goods passes to the buyer when he, or the buyer’s representative, has taken delivery of the goods.
8. Right of withdrawal
If you receive a defective product, you have right to get a new product delivered. Conditions apply. Read more about this in our Return Policy.
9. Delay and non-delivery – buyer’s rights and time limit for bringing a claim
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 part, the buyer may, withhold the purchase price, demand performance, cancel the contract and/or claim compensation from the seller, depending on the circumstances.
When claiming remedies for breach of contract, the notification should be in writing (e.g. e-mail) for the sake of evidence.
The buyer can maintain the purchase and claim performance from the seller. However, the buyer cannot demand performance if there is an obstacle which the seller cannot overcome, or if performance would cause such great inconvenience or expense to the seller that it is so disproportionate to the buyer’s interest in the seller’s performance. Should the difficulties disappear within a reasonable time, the buyer may nevertheless require performance.
The buyer loses his or her right to demand performance if he or she waits unreasonably long to make the claim.
If the seller does not deliver the goods at the time of delivery, the buyer shall encourage the seller to deliver within a reasonable additional period for performance. If the seller fails to deliver the goods within the additional period, the buyer may rescind the contract.
However, the buyer may cancel the purchase immediately if the seller refuses to deliver the goods. The same applies if delivery at the agreed time was decisive for the conclusion of the contract, or if the buyer has informed the seller that the time of delivery is decisive.
If the goods are delivered after the additional deadline set by the consumer or after the time of delivery that was decisive for the conclusion of the contract, a claim for rescission must be made within a reasonable time after the buyer became aware of the delivery.
The buyer may claim compensation for any loss suffered as a result of the delay. However, this does not apply if the seller proves that the delay is due to an obstacle beyond the seller’s control, the consequences of which could not reasonably have been taken into account at the time of the contract, avoided or overcome.
10. Defects in the goods – the buyer’s rights and time limit for complaints
If there is a defect in the goods, the buyer must within a reasonable time after it was discovered or should have been discovered, notify the seller that he or she wants to invoke the defect. The buyer has always made a timely complaint if it is made within 2 months of the defect being discovered or should have been discovered, and the complaint can be made no later than 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 part, the buyer may, depending on the circumstances, withhold the purchase price, choose between rectification and replacement, claim a price reduction, cancel the contract and/or claim compensation from the seller.
Complaints to the seller should be made in writing.
Rectification or replacement
The buyer can choose between rectification of the defect or delivery of equivalent goods. The seller may nevertheless oppose the buyer’s claim if the implementation of the claim is impossible or causes the seller unreasonable costs. Rectification or replacement shall be made within a reasonable time. The seller is in principle not entitled to make more than two attempts to remedy the same defect.
The buyer may claim an appropriate price reduction if the goods are not rectified or replaced and this means that the ratio between the reduced and agreed price corresponds to the ratio between the value of the goods in the defective and contractual condition. If there are special reasons for doing so, the price reduction may instead be set equal to the significance of the defect for the buyer.
If the goods have not been rectified or replaced, the buyer may also rescind the contract if the defect is not insignificant.
11. The seller’s rights in the event of the buyer’s default
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 part, the seller may, according to the rules in Chapter 9 of the Consumer Purchase Act, according to the circumstances, withhold the goods, demand performance of the agreement, demand termination of the agreement and claim compensation from the buyer. The seller may also, depending on the circumstances, claim interest in the event of late payment, collection fees and a reasonable fee for unclaimed goods.
The seller can maintain the purchase and require the buyer to pay the purchase price. If the goods have not been delivered, the seller loses his right if he waits unreasonably long to make the claim.
The seller may terminate the contract if there is a material default of payment or other material breach by the buyer. However, the seller may not terminate the contract if the full 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 may cancel the purchase.
Interest on late payment/collection fees
If the buyer does not pay the purchase price in accordance with the agreement, the seller may charge interest on the purchase price in accordance with the Late Payment Interest Act. In the event of non-payment, the claim may, after prior notice, be sent for collection. The buyer may then be held liable for fees under the Debt Collection Act.
Fees for unclaimed goods not paid in advance
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 incurred in delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age.
A guarantee given by the seller or the manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A guarantee thus does not limit the buyer’s right to complaints and claims for delay or defects under points 9 and 10.
13. Personal data
The controller of the personal data collected is the Seller. Unless the buyer agrees otherwise, the seller may, in accordance with the Personal Data Act, only collect and store the personal data that is necessary for the seller to fulfill the obligations under the agreement. The buyer’s personal data will only be disclosed to others if it is necessary for the seller to fulfill the agreement with the buyer, or in statutory cases.
14. Conflict resolution
Complaints should be addressed to the Seller within a reasonable time, cf. sections 9 and 10. The parties shall attempt to resolve any disputes amicably. If this does not succeed, the buyer may contact the Consumer Authority for mediation. The Consumer Inspectorate is available by telephone on 23 400 600 or at www.forbrukertilsynet.no.
The European Commission’s complaints portal can also be used if you wish to lodge a complaint. This is particularly relevant if you are a consumer living in another EU country. The complaint can be filed here: http://ec.europa.eu/odr.
15. Contact details of the seller
Org. No. 931 963 813
0558 OSLO, Norway
For questions or other inquiries, please send us a message via our contact page or send an email to contact (a) fiercejustice.com.