TERM AND CONDITIONS
This purchase is governed by the following standard terms and conditions of sale for consumer purchases of goods over the Internet. By consumer purchases is meant here the sale of goods to consumers who do not mainly shop as part of business activities, and when the seller acts in business activities with sales of goods over the internet.
Sales to consumers are regulated in the Consumer Purchases Act and the Right of Withdrawal Act, among other things.
The agreement between buyer and seller consists of the information the seller provides about the purchase in the order solution in the online store (including information about the product’s nature, quantity, quality, other properties, price and delivery conditions), any direct correspondence between the parties (eg e-mail) and these terms of sale.
In the event of a conflict between the information provided by the seller about the purchase in the ordering solution in the online store, direct correspondence between the parties and the terms of the terms of sale, direct correspondence between the parties and the information provided in the ordering solution precedes the terms of sale.
Company: Avanti Cavalli
Contact address: Thereses gate D3
Phone: +47 91514104
Organization no: 985284407
The buyer is the person who makes the order.
The prices, which are stated in the online store, include VAT if the buyer does not choose to show prices without VAT or is registered as a user from a country outside Norway. Information about the total costs the buyer must pay, including all taxes (VAT, customs, and the like) and delivery costs (shipping, postage, invoice fee, packaging, etc.) as well as specification of the individual elements in the total price, is given in the ordering solution before ordering. (Deliveries of goods abroad, Svalbard or Jan Mayen shall be sold without the addition of VAT.)
CONCLUSION OF AGREEMENT
The agreement is binding on both parties when the buyer’s order is received by the seller. However, one party is not bound by the agreement if there has 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 such an error existed.
You will receive an order confirmation by e-mail immediately after the purchase has been completed. It is recommended that the buyer checks that the order confirmation matches the order in terms of quantity, item type, price, etc. If there is no correspondence between the order and the order confirmation, the buyer should contact the seller as soon as possible.
The seller can demand payment for the item from the time it is sent from the seller to the buyer. If the buyer uses a credit card or debit card when paying, the seller can reserve the purchase price on the card when ordering.
A credit card is a payment card where the settlement for the purchase takes place afterwards by the lender (credit card company) sending the cardholder an invoice with a demand for payment. A debit card is a payment card linked to a deposit account. Use of the card means that the user’s account is debited and the amount is transferred to the payee’s account.
When paying by credit card, the law on credit purchases etc. come into use.
Delivery of the item from the seller to the buyer takes place in the manner, at the place and at the time specified in the ordering solution in the online store. If the delivery time is not stated in the order solution or e-mail that accompanies the order confirmation, the seller must deliver the item to the buyer within a reasonable time and no later than 30 days after the order from the customer. If the seller is to ensure that the goods are sent to the buyer, he is obliged to have the goods transported to the place of destination in a suitable manner and on normal terms for such transport. The place of destination is with the buyer unless otherwise agreed between the parties.
THE RISK OF THE GOODS
The risk for the item passes to the buyer when the thing is taken over by the buyer in accordance with the agreement. If the delivery time has come and the buyer fails to take over an item that is made available to him or her under the agreement, the buyer still has the risk of loss or damage due to properties of the item itself.
RIGHT OF WITHDRAWAL
The buyer may regret the purchase of the item in accordance with the provisions of the Right of Withdrawal Act. Right of withdrawal means that the buyer can return the item to the seller without reason, even if there is no defect in it and even if it has not been delivered. The buyer must notify the seller of the use of the right of withdrawal within 14 days after the item, the prescribed information about the right of withdrawal and the right of withdrawal form has been received.
If the buyer receives the cancellation form and the necessary information at a later date than when the goods are delivered, the cancellation period begins to run from the day the buyer receives the right of withdrawal form and the information. If the buyer has not received sufficient information or a right of withdrawal form, the withdrawal period will still expire 3 months after the item has been received. If the buyer has not received information about the right of withdrawal at all, the deadline will be 1 year.
The notification from the buyer to the seller about the use of the right of withdrawal should, for evidentiary reasons, be in writing (right of withdrawal form, e-mail, fax or letter), and it must contain information on how the buyer will return the item to the seller.
The buyer shall, without undue delay, and no later than 14 days from notification after the right of withdrawal was granted, send the goods back, or hand them over to the seller if the seller has not offered to pick up the goods.
If the buyer has expressly chosen a different type of delivery than the standard delivery offered by the seller, the seller shall nevertheless not pay the additional costs this entailed.
Refunds shall be made without undue delay, and no later than 14 days from when the seller was notified of the buyer’s decision to exercise the right of withdrawal. Unless otherwise expressly agreed with the buyer, the refund shall be made using the same means of payment as the buyer used. The buyer shall not pay any fee as a result of the refund.
The seller can withhold the refund until the goods have been received, or until the buyer has submitted documentation that the goods have been returned. This does not apply when the seller has offered to pick up the goods.
The buyer must bear the cost of returning the goods if the right of withdrawal is used.
The buyer can inspect the product before he or she regrets the purchase. It must still be possible to return the item to the seller in approximately the same condition and quantity as it was in when the buyer received it. The seller may demand that the consumer replace the reduction in value as a result of the buyer’s handling of the goods which has not been necessary to determine the nature, properties and function of the goods.
The buyer should send the item back to the seller in the original packaging if this is possible. The buyer may not regret the purchase of items that deteriorate rapidly, items that are not suitable for return for health or hygiene reasons, or audio and video recordings (including CDs, DVDs) or computer programs where the seal is broken.
EXAMINATION OF THE ITEM
When the buyer receives the item, it is recommended that he or she to a reasonable extent check whether it is in accordance with the order, whether it has been damaged during transport or whether it otherwise has defects. If the item does not match the order or has defects, the buyer must notify the seller in the event of a complaint, cf. the contract’s clause on “Complaints in the event of defects and deadline for reporting claims in the event of delay”.
COMPLAINT IN THE EVENT OF DEFICIENCY AND DEADLINE FOR NOTIFYING LIABILITY CLAIMS
If there is a defect in the item, the buyer must, within a reasonable time after he or she discovered it, notify the seller that he or she will invoke the defect. The time limit can never be shorter than two months from the time when the consumer discovered the defect.
Complaints must still be made no later than two years after the buyer took over the item. If the product or parts of it are intended to last significantly longer, the complaint period is five years. In the event of a delay, claims must be made to the seller within a reasonable time after the delivery time has come and the item has not been delivered. If the item is paid for with a credit card, the buyer can also choose to advertise and send claims directly to the credit provider (the credit card company). The message to the seller or creditor should be in writing (email, fax or letter).
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, withhold the purchase price, demand fulfillment. claim compensation from the seller.
Fulfillment: If the seller does not deliver the item at the time of delivery, the buyer can maintain the purchase and set a reasonable additional deadline for fulfillment from the seller. However, the buyer may not demand fulfillment if there is an obstacle that the seller cannot overcome or if fulfillment will entail such a great inconvenience or cost to the seller that it is in significant disproportion to the buyer’s interest in the seller fulfilling. If the difficulties disappear within a reasonable time, the consumer can demand fulfillment.
Cancellation: The buyer may terminate the agreement with the seller if the delay is significant or if the seller does not deliver the goods within the additional deadline for fulfillment set by the buyer. However, the buyer may not terminate the agreement while the additional deadline is running, unless the seller has stated that he or she will not fulfill within the deadline.
Compensation: The buyer can further claim compensation for loss he or she suffers as a result of the delay on the part of the seller, cf. section 24 of the Consumer Purchase Act.
The buyer must report a claim to the seller in the event of a complaint, cf. the clause in this contract on “Complaint in the event of a defect and deadline for reporting a claim in the event of a delay”.
BUYER’S RIGHTS IN THE EVENT OF DEFICIENCY
If the item has a defect and this is not due to the buyer or conditions on the buyer’s side, the buyer may, in accordance with the rules in the Consumer Purchase Act, Chapter 6, withhold the purchase price, choose between correction and re-delivery, demand price reduction, claim agreement terminated and compensation from seller
Correction or re-delivery: If the item has a defect, the buyer can demand that the seller correct the defect or re-deliver the corresponding item. The seller may oppose the buyer’s claim if the execution of the claim is impossible or the seller causes unreasonable costs.
The seller must make the correction or replacement within a reasonable time. Correction or whether delivery is to be made at no cost to the buyer, without risk that the buyer will not be reimbursed for his expenses and without significant inconvenience to the buyer. The seller may not make more than two attempts at rectification or re-delivery for the same defect, unless there are special reasons that make further attempts reasonable.
Even if the buyer does not require correction or replacement, the seller can offer correction or replacement if this happens without delay. If the seller provides for such correction or re-delivery, the buyer can not demand a price reduction or cancellation.
Price reduction: If the defect is not corrected or re-delivered, the buyer can demand a proportionate price reduction.
Cancellation: Instead of a price reduction, the buyer can cancel the agreement, except when the defect is insignificant.
Compensation: The buyer can also claim compensation for financial loss he or she suffers as a result of the product being defective, cf. the Consumer Purchases Act § 33.
The buyer must report claims to the seller in the event of a complaint, cf. this contract’s clause “Complaints in the event of defect and deadline for reporting claims in the event of delay.” The rules on complaints apply in addition to, and independently of, the rules on right of withdrawal and any guarantees provided by the seller.
SELLER’S RIGHTS IN THE EVENT OF THE BUYER’S DISAPPOINTMENT
If the buyer does not pay or fulfill the other obligations under the agreement, and this is not due to the seller or conditions on the seller’s part, the seller may, according to the rules in the Consumer Purchase Act chapter 9, withhold the item, demand fulfillment of the agreement, demand termination of the agreement and compensation from the buyer. The seller may also, depending on the circumstances, be able to claim interest for late payment, collection fee and fee for non-prepaid uncollected goods.
Fulfillment: If the buyer does not pay, the seller can maintain the purchase and demand that the buyer pays the purchase price (fulfillment). If the item is not delivered, the seller loses his right if he waits unreasonably long to advance the claim. Termination: In the event of a material default or other material default by the buyer, the seller may terminate the agreement. However, the seller can not withdraw after the purchase price has been paid.
The seller can also cancel the purchase if the buyer does not pay within a reasonable additional deadline for fulfillment set by the seller. However, the seller can not withdraw while the additional deadline runs, unless the buyer has said that he or she will not pay.
Compensation: The seller can demand compensation from the buyer for financial loss he or she suffers as a result of a breach of contract on the part of the buyer, cf. the Consumer Purchases Act § 46.
Interest on late payment / collection fee: If the buyer does not pay the purchase price in accordance with the agreement, the seller can demand interest on the purchase price in accordance with the Act on interest on late payment. 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 in accordance with the Debt Collection Act and other collection of overdue monetary claims.
Fee for uncollected non-prepaid goods: If the buyer fails to collect unpaid goods, the seller can charge the buyer a fee of NOK 500 + return shipping. The fee shall at most cover the seller’s actual outlay for delivering the goods to the buyer. Such a fee can not be charged to buyers under 18 years of age.
Warranty given by the seller or manufacturer gives the buyer rights in addition to the rights the buyer already has under mandatory legislation. A guarantee thus does not imply any restrictions on the Buyer’s right to complaint and claims in the event of delay or defects pursuant to items “Buyer’s rights in the event of delay” and “Buyer’s rights in the event of defect”.
Unless the buyer agrees to something else, the seller can only collect and store the personal information necessary for the seller to be able to carry out the obligations under the agreement. The personal information of the buyer under the age of 15 cannot be obtained unless the seller has the consent of parents or guardians. The buyer’s personal information shall only be disclosed to others if it is necessary for the seller to implement the agreement with the buyer, or in statutory cases. The seller can only obtain the buyer’s social security number if there is a factual need for secure identification and such collection is necessary.
If the seller wants to use the buyer’s personal information for other purposes, for example to send the buyer advertising or information beyond what is necessary to complete the agreement, the seller must obtain the buyer’s consent when entering into the agreement. The seller must provide the buyer with information on what the personal information is to be used for and on who is to use the personal information. The buyer’s consent must be voluntary and given by an active action, for example by ticking.
The buyer must be able to easily contact the seller, for example by telephone or e-mail if he or she has questions about the seller’s use of personal information or if he or she wants the seller to delete or change the personal information.
The parties shall endeavor to resolve any disputes amicably. The buyer can contact the Consumer Council to get assistance in a possible dispute with the seller. If an amicable solution is not reached after mediation in the Consumer Council, the parties may request in writing that the Consumer Council submit the dispute to the Consumer Disputes Committee. 13) Decisions of the Consumer Disputes Committee are final four weeks after service. Before the decision is final, the parties may, by submitting a summons to the Consumer Disputes Committee, bring the decision before the district court.
13) See Act of 1 March 2017 Act on the Consumer Complaints Committee (Consumer Complaints Act).