Terms of Use

This purchase is governed by the standard terms and conditions of sale for consumer purchases of goods over the Internet set out below. A consumer purchase means the sale of goods to a consumer who is not mainly acting as part of business activities, where the seller acts in the course of business by selling goods over the Internet. The contract has been prepared and recommended for use by the Norwegian Consumer Ombudsman.

Consumer purchases over the Internet are mainly regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Withdrawal Act and the E-Commerce Act. These laws give the consumer mandatory rights. The terms of this contract shall not be understood as limiting any statutory rights, but set out the parties’ most important rights and obligations in connection with the purchase. The seller may choose to offer the buyer better terms than those set out in these terms and conditions of sale.

In cases where the contract does not directly provide a solution to an issue, the contract must be supplemented by relevant statutory provisions.

1. The Agreement

The agreement between the buyer and the seller consists of the information provided by the seller about the purchase in the order process in the online store, including, among other things, information about the nature, quantity, quality, other characteristics, price and delivery terms of the goods, any direct correspondence between the parties, such as e-mail, and these terms and conditions of sale.

In the event of conflict between the information provided by the seller about the purchase in the order process in the online store, direct correspondence between the parties and the terms of these terms and conditions of sale, direct correspondence between the parties and the information provided in the order process shall take precedence over the terms and conditions of sale, provided that this does not conflict with mandatory legislation.

2. The Parties

Seller
Company name: Thiink AS
Contact address: Eivind Jarls Gate 31, 4632 Kristiansand, Norway
E-mail: hei@stonesoapspa.com
Telephone number: +47 48 20 50 30
Organization number: 926 776 320 in the Register of Business Enterprises

The buyer is the person placing the order.

3. Prices

The prices stated in the online store include value added tax.

Information about the total costs to be paid by the buyer, including all taxes and duties, such as value added tax, customs duties and similar charges, and delivery costs, such as shipping, postage, invoice fees, packaging and so on, as well as a specification of the individual elements of the total price, is provided in the order process before the order is placed.

4. Conclusion of the Agreement

The agreement is binding on both parties when the buyer’s order has been received by the seller.

However, a party is not bound by the agreement if there has been a typing or input error in the offer from the seller in the order process in the online store or in the buyer’s order, and the other party realised or should have realised that such an error existed.

5. Order Confirmation

When the seller has received the buyer’s order, the seller shall confirm the order without undue delay by sending an order confirmation to the buyer.

It is recommended that the buyer checks that the order confirmation corresponds with the order with regard to quantity, type of goods, price, etc. If there is any discrepancy between the order and the order confirmation, the buyer should contact the seller as soon as possible.

6. Payment

The seller may request payment for the goods from the time the goods are sent from the seller to the buyer.

If the buyer uses a credit card or debit card for payment, the seller may reserve the purchase amount on the card upon ordering for up to 4 days from the order date. In the case of payment by credit card, the provisions of the Credit Purchases Act etc. shall apply.

If the seller offers payment by invoice, the invoice shall be issued to the buyer when the goods are dispatched. The payment deadline shall be set at a minimum of 14 days from the buyer’s receipt of the shipment.

If the seller has a particular need to require advance payment from the buyer, for example in the case of custom-made goods, the seller may require this.

Buyers under the age of 18 may only pay directly upon delivery of the goods by the seller or upon collection of the goods by cash on delivery.

7. Delivery, etc.

Delivery of the goods from the seller to the buyer takes place in the manner, at the place and at the time specified in the order process in the online store.

If the delivery time is not specified in the order process, the seller shall deliver the goods to the buyer within a reasonable time and no later than 30 days after the customer’s order. If the seller is responsible for sending the goods to the buyer, the seller is obliged to ensure that the goods are transported to the destination in an appropriate manner and on normal terms for such transport. The destination is the buyer’s address unless otherwise specifically agreed between the parties.

8. Risk of the Goods

The risk of the goods passes to the buyer when the goods have been taken over by the buyer in accordance with the agreement. If the delivery time has arrived and the buyer fails to take over goods that have been made available to him or her in accordance with the agreement, the buyer nevertheless bears the risk of loss or damage resulting from characteristics of the goods themselves.

9. Right of Withdrawal

The buyer may withdraw from the purchase of the goods in accordance with the provisions of the Right of Withdrawal Act.

The right of withdrawal means that the buyer may return the goods to the seller without giving any reason, even if there is no defect in the goods and even if they have 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 about the right of withdrawal and the withdrawal form have been received. If the buyer receives the withdrawal form and the necessary information at a later time than upon delivery of the goods, the withdrawal period begins on the day the buyer receives the withdrawal form and the information. If the buyer has not received sufficient information or the withdrawal form, the withdrawal period will nevertheless expire 3 months after the goods have been received. If the buyer has not received any information about the right of withdrawal at all, the deadline will be 1 year.

For evidentiary reasons, the buyer’s notice to the seller regarding the use of the right of withdrawal should be in writing, such as by withdrawal form, e-mail, fax or letter, and must contain information about how the buyer intends to return the goods to the seller. When exercising the right of withdrawal, the goods must be returned to the seller within a reasonable time. The seller is obliged to refund the full purchase amount to the buyer within 14 days from the day the seller receives the goods, the collection notice, or the goods are otherwise made available to the seller. The seller may not charge any fees for the buyer’s use of the right of withdrawal, but the seller may require the buyer to pay the costs of return shipping.

The buyer may examine the product before withdrawing from the purchase. However, the goods must be capable of being returned to the seller in approximately the same condition and quantity as when the buyer received them. The buyer should return the goods to the seller in the original packaging where possible.

The buyer cannot withdraw from the purchase of goods that deteriorate quickly, goods which by their nature cannot be returned, or audio and video recordings, including CDs and DVDs, or computer software where the seal has been broken. The latter exception only applies if the seller has clearly and explicitly informed the buyer of the conditions for the loss of the right of withdrawal on the seal.

10. Inspection of the Goods

When the buyer receives the goods, it is recommended that he or she, to a reasonable extent, examines whether the goods are in accordance with the order, whether they have been damaged during transport, or whether they otherwise have defects.

If the goods do not correspond with the order or have defects, the buyer must notify the seller by making a complaint, see section 11 of this contract.

11. Complaints in the Event of Defects and Deadline for Claims in the Event of Delay

If there is a defect in the goods, the buyer must, within a reasonable time after discovering it, notify the seller that he or she wishes to invoke the defect. The deadline can never be shorter than two months from the time the consumer discovered the defect. A complaint must nevertheless be made no later than two years after the buyer took over the goods. If the goods or parts of them are intended to last significantly longer, the complaint period is five years.

In the event of delay, claims must be made against the seller within a reasonable time after the delivery date has arrived and the goods have not been delivered.

If the goods were paid for by credit card, the buyer may also choose to make a complaint and submit a claim directly to the credit provider, meaning the credit card company. Notice to the seller or credit provider should be in writing, such as by e-mail, fax or letter.

12. The Buyer’s Rights in the Event of Delay

If the seller does not deliver the goods or delivers them too 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, in accordance with the rules in Chapter 5 of the Consumer Purchases Act, depending on the circumstances, withhold payment, demand performance, cancel the agreement and claim compensation from the seller.

Performance: If the seller does not deliver the goods at the delivery time, the buyer may maintain the purchase and set a reasonable additional deadline for performance by the seller. However, the buyer may not demand performance if there is an obstacle that the seller cannot overcome, or if performance would cause such great inconvenience or cost to the seller that it is substantially disproportionate to the buyer’s interest in the seller performing. If the difficulties cease within a reasonable time, the consumer may demand performance.

Cancellation: The buyer may cancel the agreement with the seller if the delay is material, or if the seller does not deliver the goods within the additional deadline for performance set by the buyer. However, the buyer may not cancel the agreement while the additional deadline is running, unless the seller has stated that he or she will not perform within the deadline.

Compensation: The buyer may also claim compensation for losses suffered as a result of the seller’s delay, see section 24 of the Consumer Purchases Act. The buyer must submit the claim to the seller by way of complaint, see section 11 of this contract.

13. The Buyer’s Rights in the Event of Defects

If the goods have 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 in Chapter 6 of the Consumer Purchases Act, depending on the circumstances, withhold payment, choose between repair and replacement, demand a price reduction, cancel the agreement and claim compensation from the seller.

Repair or replacement: If the goods have a defect, the buyer may demand that the seller repairs the defect or delivers replacement goods. The seller may oppose the buyer’s claim if carrying out the claim is impossible or would cause the seller unreasonable costs. The seller shall carry out the repair or replacement within a reasonable time. Repair or replacement shall be carried out at no cost to the buyer, without risk that the buyer will not have his or her expenses covered, and without significant inconvenience to the buyer.

The seller may not make more than two attempts at repair or replacement for the same defect, unless there are special reasons that make further attempts reasonable.

Even if the buyer does not demand repair or replacement, the seller may offer repair or replacement if this is done without delay. If the seller provides such repair or replacement, the buyer may not demand a price reduction or cancellation.

Price reduction: If the defect is not repaired or replacement is not provided, the buyer may demand a proportionate price reduction.

Cancellation: Instead of a price reduction, the buyer may cancel the agreement, except where the defect is insignificant.

Compensation: The buyer may also claim compensation for financial loss suffered as a result of the goods having a defect, see section 33 of the Consumer Purchases Act.

The buyer must submit claims to the seller by way of complaint, see section 11 of this contract. The rules on complaints apply in addition to, and independently of, the rules on the right of withdrawal and any warranties provided by the seller.

14. The Seller’s Rights in the Event of the Buyer’s Breach of Contract

If the buyer does not pay or does not fulfil the other obligations under the agreement, and this is not due to the seller or circumstances on the seller’s side, the seller may, in accordance with the rules in Chapter 9 of the Consumer Purchases Act, depending on the circumstances, withhold the goods, demand performance of the agreement, cancel the agreement and claim compensation from the buyer. Depending on the circumstances, the seller may also claim interest for late payment, debt collection fees and fees for uncollected goods that have not been paid for in advance.

Performance: If the buyer does not pay, the seller may maintain the purchase and demand that the buyer pays the purchase amount. If the goods have not been delivered, the seller loses this right if the seller waits an unreasonably long time before making the claim.

Cancellation: In the event of material payment default or other material breach by the buyer, the seller may cancel the agreement. However, the seller may not cancel the agreement after the purchase amount has been paid.

The seller may also cancel the purchase if the buyer does not pay within a reasonable additional deadline for performance set by the seller. However, the seller may not cancel while the additional deadline is running, unless the buyer has stated that he or she will not pay.

Compensation: The seller may claim compensation from the buyer for financial loss suffered as a result of the buyer’s breach of contract, see section 46 of the Consumer Purchases Act.

Interest for late payment/debt collection fees: If the buyer does not pay the purchase amount in accordance with the agreement, the seller may claim interest on the purchase amount pursuant to the Act relating to Interest on Overdue Payments. In the event of non-payment, the claim may, after prior notice, be sent for debt collection, and the buyer may then be held liable for fees pursuant to the Debt Collection Act and other recovery of overdue monetary claims.

Fee for uncollected goods not paid for in advance: If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee of NOK + shipping both ways. The fee shall at most cover the seller’s actual expenses for delivering the goods to the buyer. Such a fee may not be charged to buyers under the age of 18.

15. Warranty

Any warranty provided by the seller or manufacturer gives the buyer rights in addition to the rights the buyer already has under mandatory legislation. A warranty therefore does not limit the buyer’s right to make complaints and claims in the event of delay or defects under sections 12 and 13.

16. Personal Data

Unless the buyer consents to something else, the seller may only collect and store the personal data necessary for the seller to fulfil its obligations under the agreement. Personal data relating to buyers under the age of 15 may not be collected unless the seller has the consent of parents or guardians. The buyer’s personal data shall only be disclosed to others if this is necessary for the seller to fulfil the agreement with the buyer, or in cases provided for by law. The seller may only collect the buyer’s national identity number if there is an objective need for secure identification and such collection is necessary.

If the seller wishes to use the buyer’s personal data for other purposes, for example to send the buyer advertising or information beyond what is necessary to fulfil the agreement, the seller must obtain the buyer’s consent at the time the agreement is entered into. The seller must provide the buyer with information about what the personal data will be used for and who will use the personal data. The buyer’s consent must be voluntary and given by an active action, for example by ticking a box.

The buyer shall be able to contact the seller easily, for example by telephone 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 amend the personal data.

17. Dispute Resolution

The parties shall attempt to resolve any disputes amicably. The buyer may contact the Norwegian Consumer Council for assistance in any dispute with the seller. If an amicable solution is not reached after mediation by the Consumer Council, the parties may submit a written request for the Consumer Council to bring the dispute before the Consumer Disputes Commission. Decisions by the Consumer Disputes Commission are legally binding four weeks after service. Before the decision becomes legally binding, the parties may, by submitting a writ of summons to the Consumer Disputes Commission, bring the decision before the district court.