Terms and Conditions
Last updated September 3th, 2023
The following terms and conditions are set by the Norwegian Consumer Authority.
This purchase is governed by the standard terms and conditions for consumer purchases of goods over the Internet set forth below. Consumer purchases over the Internet are primarily regulated by the Contract Act, the Consumer Purchase Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act, and these laws grant consumers non-negotiable rights. The laws are available at www.lovdata.no. The terms of this agreement should not be construed as limiting the statutory rights, but rather outline the key rights and obligations of the parties in the transaction.
These terms and conditions have been prepared and recommended by the Consumer Authority. For a better understanding of these terms and conditions, please refer to the Consumer Authority's guidelines here.
1. AGREEMENT
The agreement consists of these terms and conditions, information provided in the order solution, and any separately agreed-upon terms. In the event of any inconsistency between the information, what has been specifically agreed upon between the parties shall take precedence, provided it does not conflict with mandatory legislation.
The agreement will also be supplemented by relevant statutory provisions that regulate the purchase of goods between businesses and consumers.
2. PARTIES
The seller is:
PretorianDesign
0661 Oslo
shop@pretoriandesign.com
Organization number: 923 551 956
and is referred to here inafter as the seller.
The buyer is the consumer making the purchase and is referred to hereinafter as the buyer.
3. PRICE
The stated price for the product and services is the total price the buyer shall pay. This price includes all fees and additional costs. Additional costs that the seller has not informed the buyer of before the purchase shall not be borne by the buyer.
4. AGREEMENT CONCLUSION
The agreement is binding on both parties when the buyer has sent their order to the seller.
However, the agreement is not binding if there have been typographical or typographical errors in the seller's offer 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.
5. USE OF THE PRODUCT
All products are sold for private use and cannot be used for commercial purposes or resale, unless agreed upon in advance with the seller.
6. PAYMENT
The seller can demand payment for the product from the time it is prepared for printing or delivery by the seller to the buyer, or when the order is ready for pick-up by the buyer, for those who have chosen this delivery option.
If the buyer uses a credit card or debit card for payment, the seller may reserve the purchase amount on the card when ordering. The card will be charged on the same day the product is prepared for printing or delivery.
In the case of payment by invoice, the invoice will be issued to the buyer upon shipment of the product. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt.
Please contact me at shop@pretoriandesign.com regarding purchases via invoice.Buyers under 18 years of age cannot pay by invoice.
7. DELIVERY
Delivery is considered completed when the buyer or their representative has taken possession of the item.
If the delivery time is not specified in the ordering solution, the seller shall deliver the product to the buyer without undue delay and no later than 30 days after the order is placed by the customer. The product shall be delivered to the buyer unless otherwise specifically agreed upon by the parties.
Available delivery options are as follows:
- Pick up the package in Oslo, free for those living in the area. The customer must be able to pick up the package themselves; it will not be delivered.
- Parcel delivery, various prices. The order will be sent as a mailbox package via Posten/Bring. It includes basic tracking. This does not provide any complaint rights with Bring if the package goes missing or is damaged.
- Norgespakke, 149 NOK, via Posten. This includes a tracking number and complaint rights with Posten in case of issues with the package
Estimated delivery time is 14-28 days, with extensions during promotional periods, unless otherwise indicated.
8. RISK OF THE PRODUCT
The risk of the product passes to the buyer when they, or their representative, have received the items in accordance with point 6.
9. RIGHT OF WITHDRAWAL
Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw from the purchase of the product in accordance with the Right of Withdrawal Act.
The buyer must notify the seller of the exercise of the right of withdrawal within 14 days from the start of the withdrawal period. All calendar days are included in the period. If the period ends on a Saturday, holiday, or public holiday, it is extended until the next business day.
The deadline for exercising the right of withdrawal is considered met if the notice is sent before the deadline expires. The buyer has 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 right of withdrawal starts to run:
- For the purchase of individual products, the withdrawal period runs from the day after the product(s) is received.
- If a subscription is sold, or the agreement entails regular delivery of identical products, the period runs from the day after the first shipment is received.
- If the purchase consists of multiple deliveries, the withdrawal period runs from the day after the last delivery is received.
The withdrawal period is extended to 12 months after the expiry of the original deadline if the seller does not inform the buyer before entering into the agreement that there is a right of withdrawal and a standardized withdrawal form. The same applies if there is a lack of information about terms, deadlines, and procedures for using the right of withdrawal. If the seller provides the information during these 12 months, the withdrawal period still expires 14 days after the day the buyer received the information.
When exercising the right of withdrawal, the product must be returned to the seller without undue delay and no later than 14 days after notifying the seller of the exercise of the right of withdrawal. The buyer covers the direct costs of returning the product, unless otherwise agreed or the seller has failed to inform the buyer that the buyer shall bear the return costs. The seller cannot charge a fee for the buyer's use of the right of withdrawal.
The buyer can try or test the product in a reasonable manner to determine the nature, properties, and functionality of the product without losing the right of withdrawal. If the testing or examination of the product goes beyond what is reasonable and necessary, the buyer may be liable for any reduced value of the product.
The buyer does not have the right of withdrawal for custom-made or designed products produced according to the buyer's choice. See exceptions to the right of withdrawal on the Consumer Council's website.
The selleris obligated to reimburse the purchase price to the buyer without undue delay and no later than 14 days from the date the seller received notice of the buyer's decision to exercise the right of withdrawal. The seller has the rightto withhold payment until the seller has received the product from the buyer or until the buyer has provided documentation that the product has been returned.
10. DELAY AND NON-DELIVERY - BUYER'S RIGHTS AND DEADLINE FOR CLAIMS
If the seller does not deliver the product or delivers it 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, depending on the circumstances, may withhold the purchase amount, demand performance, terminate the agreement, and/or claim compensation from the seller, in accordance with the provisions ofChapter 5 of the Consumer Purchase Act.
For claims of breach of contract, the notice should be in writing (e.g., by email) for evidentiary purposes.
PERFORMANCE
The buyer may insist on the purchase and demand performance from the seller. However, the buyer cannot demand performance if there is an obstacle that the seller cannot overcome, or if performance would entail such a significant inconvenience or cost to the seller that it is out of proportion to the buyer's interest in the seller's performance. If the difficulties disappear within a reasonable time, the buyer can still demand performance.
The buyer forfeits the right to demand performance if they unreasonably delay making the claim.
TERMINATION
If the seller does not deliver the product at the time of delivery, the buyer shall encourage the seller to deliver within a reasonable additional period for performance. If the seller does not deliver the product within the additional period, the buyer may terminate the purchase.
However, the buyer may immediately terminate the purchase if the seller refuses to deliver the product. The same applies if delivery at the agreed time was crucial for the conclusion of the agreement, or if the buyer has informed the seller that the delivery time is crucial.
If the item is delivered after the additional period set by the consumer has expired or after the delivery time that was crucial for the conclusion of the agreement, a claim for termination must be asserted within a reasonable time after the buyer learned of the delivery.
COMPENSATION
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 that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome.
11. DEFECT IN THE PRODUCT - BUYER'S RIGHTS AND COMPLAINT DEADLINE
If there isa defect in the product, the buyer must notify the seller within a reasonable time after discovering or should have discovered it. The buyer has always complained in time if it occurs within 2 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 product. If the product or parts of it are intended to last significantly longer than two years, the complaint period is five years.
If the product has a defect, and this is not due to the buyer or circumstances on the buyer's side, the buyer, in accordance with the provisions of Chapter 6 of theConsumer Purchase Act, may withhold the purchase amount, choose between correction and replacement, demand a price reduction, demand the agreement terminated, and/or claim compensation from the seller, depending on the circumstances.
Complaints to the seller should be made in writing.
CORRECTION OR REPLACEMENT
The buyer can choose between demanding the defect be corrected or receiving a replacement product. However, the seller can oppose the buyer's claim if carrying out the claim is impossible or would cause the seller unreasonable costs. Correction or replacement shall be made within a reasonable time. In principle, the seller does not have the right to carry out more than two remedial attempts for the same defect.
PRICE REDUCTION
The buyer can demand an appropriate price reduction if the product is not corrected or replaced. This means that the relationship between the reduced and agreed price corresponds to the relationship between the value of the product in a faulty and contractual condition. If there are special reasons for it, the price reduction may instead be set equal to the significance of the defect to the buyer.
TERMINATION
If the product is not corrected or replaced, the buyer can also terminate the purchase when the defect is not insignificant.
12. SELLER'S RIGHTS IN CASE OF BUYER'S BREACH
If the buyer does not pay or fulfill 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 may, in accordance with the provisions of Chapter 9 of the ConsumerPurchase Act, depending on the circumstances, withhold the product, demand performance of the agreement, terminate the agreement, and claim compensation from the buyer. The seller may also, depending on the circumstances, claim interest for late payment, collection fees, and a reasonable fee for uncollected products.
PERFORMANCE
The seller can insist on the purchase and demand that the buyer pay the purchase price. Ifthe product has not been delivered, the seller loses this right if they wait unreasonably long to make the claim.
TERMINATION
The seller can terminate the agreement if there is significant payment default or other significant breach on the part of the buyer. However, the seller cannot terminate the agreement if the entire purchase price has been paid. If the seller sets a reasonable additional period for performance and the buyer does not pay within this period, the seller can terminate the purchase.
INTEREST ON LATE PAYMENT / COLLECTION FEE
If the buyer does not pay the purchase price in accordance with the agreement, the seller can claim interest on the purchase price in accordance with the Delayed Payment Interest Act. In the case of non-payment, the claim, after prior notice, may be sent to the buyer. 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 must at most cover the seller's actual costs for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age.
13. WARRANTY
A warranty provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A warranty does not limit the buyer's right to complain and make claims for delays or defects under sections 9 and 10.
14. PERSONAL DATA
The data controller for collected personal information is the seller. Unless the buyer agrees to something else, the seller may, in accordance with the Personal Data Act, only collect and store the personal information necessary for the seller to fulfill its obligations under the agreement. The buyer's personal information will only be disclosed to others if necessary for the seller to fulfill the agreement with the buyer or in cases provided by law.
15. DISPUTE RESOLUTION
Complaints should be directed to the seller within a reasonable time, as per sections 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is not successful, the buyer may contact the Consumer Council for mediation. TheConsumer Council can be reached at phone number +47 23 40 05 00 or www.forbrukerradet.no.
TheEuropean Commission's online dispute resolution platform can also be used ifyou wish to file a complaint, particularly if you are a consumer residing in another EU country. The complaint can be filed here: https://ec.europa.eu/odr.