1. The Agreement
The agreement consists of these terms and conditions, information provided in the ordering solution, and any separately agreed terms. In the event of any conflict between the information, what has been specifically agreed between the parties shall take precedence, provided it does not conflict with mandatory legislation.
The agreement will also be supplemented by relevant legal provisions regulating the purchase of goods between businesses and consumers.
2. The Parties
The seller is Metalldel.no AS, Damsgårdsveien 229, 5160 LAKSEVÅG, post@hsmas.no, phone +47 40199337, Org. no. 936794483, and is hereinafter referred to as the seller.
The buyer is the consumer who places the order and is hereinafter referred to as the buyer.
3. Price
The stated price for the goods and services is the total price the buyer shall pay. This price includes all taxes and additional charges. The buyer shall not bear any additional costs that the seller did not inform about before the purchase.
4. Conclusion of the Agreement
The agreement is binding on both parties once the buyer has submitted the order to the seller.
However, the agreement is not binding if there has been a writing or typing error in the seller's offer in the online store ordering solution or in the buyer's order, and the other party realized or should have realized that such an error existed.
5. Payment
The seller may require payment for the goods from the time the goods are sent from the seller to the buyer. The customer may also collect the order at our workshop at the address stated in section 2 after payment has been completed.
If the buyer uses a credit card or debit card for payment, the seller may reserve the purchase amount on the card when the order is placed. The card will be charged on the same day the goods are shipped.
If payment is made by invoice, the invoice will be issued to the buyer when the goods are shipped. The payment deadline appears on the invoice and is at least 10 days from dispatch or collection.
Buyers under the age of 18 cannot pay by post-invoice.
6. Delivery
Delivery has taken place when the buyer, or the buyer's representative, has taken possession of the goods.
If the delivery date 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 customer's order. The goods shall be delivered to the buyer unless otherwise specifically agreed between the parties.
7. Risk for the Goods
The risk for the goods passes to the buyer when the buyer, or the buyer's representative, has received the goods in accordance with section 6.
8. Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw from the purchase of the goods in accordance with the Right of Withdrawal Act.
The buyer must notify the seller of the use of the right of withdrawal within 14 days from the date the withdrawal period begins. The period includes all calendar days. If the deadline ends on a Saturday, public holiday, or other holiday, the deadline is extended to the nearest working day.
The withdrawal period is considered met if notice is sent before the deadline expires. The buyer bears the burden of proof that the right of withdrawal has been exercised, and the notice should therefore be given in writing, for example by withdrawal form, email, or letter.
The withdrawal period begins to run:
For the purchase of individual goods, the withdrawal period runs from the day after the goods are received. If a subscription is sold, or the agreement involves regular delivery of identical goods, the period runs from the day after the first shipment is received. If the purchase consists of several deliveries, the withdrawal period runs from the day after the final delivery is received. The withdrawal period is extended to 12 months after the expiry of the original period if the seller does not, before the conclusion of the agreement, inform the buyer that a right of withdrawal exists and provide the standardized withdrawal form. The same applies where information about the conditions, time limits, and procedure for exercising the right of withdrawal is missing. If the trader provides the information within those 12 months, the withdrawal period nevertheless expires 14 days after the day the buyer received the information.
When exercising the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days from the date notice of withdrawal was given. The buyer covers the direct cost of returning the goods, unless otherwise agreed or unless the seller has failed to inform the buyer that the buyer must cover the return costs. The seller cannot impose a fee for the buyer's use of the right of withdrawal.
The buyer may inspect or test the goods in a responsible manner in order to determine the nature, characteristics, and function of the goods without losing the right of withdrawal. If the inspection or testing goes beyond what is reasonable and necessary, the buyer may be liable for any reduction in the value of the goods.
The seller is obliged to refund 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 right to withhold payment until the goods have been received from the buyer, or until the buyer has presented documentation that the goods have been returned. See section 9 for exceptions to the automatic withdrawal period and right of return.
9. Custom-made purchases. There is no right of withdrawal or automatic right of return for goods manufactured according to the consumer's specifications, or goods given a clear personal character, so-called custom-made purchases. Consumer Purchase Act section 23, paragraph 4
As a customer, you have a special responsibility to ensure that the product you order matches your specifications. All our products are produced to order for the customer and therefore have reduced value for the seller as return goods. The seller may offer the customer a refund or return based on the residual value of the goods. If the goods are within (+-) 2 mm of the ordered specifications, we have delivered in accordance with the order and retain full discretion regarding return or cancellation value if the customer regrets the purchase. If the goods are outside (+-) 2 mm, section 8 on the right of withdrawal applies.
10. Delay and non-delivery - the buyer's rights and the deadline for reporting claims
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, under chapter 5 of the Consumer Purchase Act and depending on the circumstances, withhold the purchase price, demand performance, cancel the agreement, and/or claim compensation from the seller.
Claims for remedies for breach should, for evidentiary reasons, be made in writing, for example by email.
Performance: The buyer may maintain the purchase and demand performance from the seller. However, the buyer may not demand performance if there is an obstacle the seller cannot overcome, or if performance would cause such great inconvenience or cost to the seller that it is significantly disproportionate to the buyer's interest in the seller performing. If the difficulties disappear within a reasonable time, the buyer may nevertheless demand performance.
The buyer loses the right to demand performance if the buyer waits an unreasonably long time before making the claim.
Cancellation: If the seller does not deliver the goods at the agreed delivery time, the buyer must encourage the seller to deliver within a reasonable additional period for performance. If the seller does not deliver within that additional period, the buyer may cancel the purchase.
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 entering into the agreement, or if the buyer has informed the seller that the delivery time is decisive.
If the goods are delivered after the additional period set by the consumer or after the delivery time that was decisive for entering into the agreement, a claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.
Compensation: The buyer may claim compensation for losses 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 in terms of its consequences.
11. Defects in the goods - the buyer's rights and complaint deadline
If there is a defect in the goods, the buyer must notify the seller within a reasonable time after the defect was discovered or should have been discovered, stating that the buyer will invoke the defect. The buyer is always considered to have complained in time if this is done within two months from the time the defect was discovered or should have been discovered. A complaint may 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 substantially longer than two years, the complaint deadline is five years.
If the goods have a defect and this is not due to the buyer or circumstances on the buyer's side, the buyer may, under chapter 6 of the Consumer Purchase Act and depending on the circumstances, withhold the purchase price, choose between repair and replacement, claim a price reduction, demand cancellation of the agreement, and/or claim compensation from the seller.
Complaints to the seller should be made in writing.
Repair or replacement: The buyer may choose between requiring the defect to be corrected or delivery of equivalent goods. However, the seller may oppose the buyer's claim if carrying it out is impossible or causes the seller unreasonable costs. Repair or replacement shall be carried out within a reasonable time. As a main rule, the seller does not have the right to make more than two attempts to remedy the same defect.
Price reduction: The buyer may demand an appropriate price reduction if the goods are not repaired or replaced. This means that the relationship between the reduced price and the agreed price corresponds to the relationship between the value of the goods in defective condition and in contractual condition. If special reasons justify it, the price reduction may instead be set equal to the significance of the defect for the buyer.
Cancellation: If the goods are not repaired or replaced, the buyer may also cancel the purchase when the defect is not insignificant.
12. The seller's rights in the event of the buyer's breach
If the buyer does not pay or otherwise fulfill the 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, under chapter 9 of the Consumer Purchase Act and depending on the circumstances, withhold the goods, demand fulfillment of the agreement, demand cancellation of the agreement, and claim compensation from the buyer. Depending on the circumstances, the seller may also claim interest on late payment, debt collection fees, and a reasonable fee for uncollected goods.
Performance: The seller may maintain the purchase and demand that the buyer pays the purchase price. If the goods have not been delivered, the seller loses that right if the seller waits an unreasonably long time before making the claim.
Cancellation: The seller may cancel the agreement if there is a material payment default or another material breach on the buyer's side. However, the seller may not cancel 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 that period, the seller may cancel the purchase.
Interest on late payment / debt collection fee: If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price under the Late Payment Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to debt collection. The buyer may then be held responsible 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 shall not exceed the seller's actual costs of delivering the goods to the buyer. Such a fee cannot be charged to buyers under the age of 18.
13. Warranty
A warranty provided by the seller or the manufacturer gives the buyer rights in addition to those the buyer already has under mandatory law. A warranty therefore does not imply any limitation on the buyer's right to complain and make claims in the event of delay or defects under sections 9 and 10.
14. Personal Data
The seller is the data controller for collected personal data. Unless the buyer consents to something else, the seller may, in accordance with the Personal Data Act, only collect and store the personal data 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 where required by law.
15. Dispute Resolution
Complaints shall be directed 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 Norwegian Consumer Authority for mediation. The Consumer Authority can be reached at phone 23 400 600 or www.forbrukertilsynet.no.
The European Commission's complaint portal may also be used if you wish to submit a complaint. This is particularly relevant if you are a consumer residing in another EU country. The complaint can be submitted here: http://ec.europa.eu/odr