Z-Products AS conditions for consumer purchases of goods over the Internet.
A purchase is governed by the following standard terms of sale for consumer purchases of goods over the Internet. Consumer purchases mean the sale of goods to you as a consumer. A consumer is one that does not act as a part of business, and when the seller acts in business with the sale of goods over the internet.
Consumer purchases over the Internet are governed mainly by the Contracts Act, the Consumer Buying Act, the Marketing Act, the Copyright Law and the e-commerce Act, and these laws give consumers unmatched rights. The terms of the contract shall not be construed as limiting the statutory rights, but shall establish the parties’ most important rights and obligations for the trade.
The agreement between the buyer and the seller consists of the information the seller gives about the purchase in the order solution in the webshop (including information about the item’s nature, quantity, quality, other features, price and delivery terms), any direct correspondence between the parties (such as e-mail) and these terms of sale.
In the event of contradiction between the information provided by the seller about the purchase in the order 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 given in the ordering solution in advance of the terms of sale, provided that this does not conflict with binding legislation.
2. The Parties
Company Name: Zen Products AS
Contact Address: Skogheimvegen 5, 2052 Jessheim, Norway
Phone: +47 90690894
Organization number: 996 605 450
Buyer is the person who makes the order.
Prices quoted in the online store include value added tax for Europe, and non value added tax for USA and Canada.Details of the total costs that the buyer will pay, including all taxes (VAT, customs, etc.) and delivery costs (shipping, postage, billing, packaging, etc.) and specification of the individual items in the total price are given in the ordering solution before ordering. (Delivery to Svalbard or Jan Mayen will be sold without the addition of VAT.)
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 is a typing or typing error in the offer from the seller in the order solution in the online store or in the buyer’s order and the other party realized or ought to have realized that such an error exists. Exceptions apply to the buyer’s order of personalization of the product, where the buyer has spelled the wrong name, date or the like without notifying immediately after the buyer has received the order confirmation.
5. Order confirmation
Once 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 check that the order confirmation matches the order of quantity, item type, price, etc. If a product has been ordered with data entry based on buyer’s entry, it is the buyer’s responsibility to check that this is correct. If there is no match between the order and the order confirmation, the buyer should contact the seller as soon as possible.
6. PaymentThe seller may require payment for the item from the time it is shipped from the seller to the buyer. If the buyer uses credit or debit card upon payment, the seller can reserve the purchase price on the card at the time of booking for up to 4 days from the order. In case of payment by credit card, the law on credit purchases, etc. come into use. If the seller offers re-invoicing, the invoice of the buyer shall be issued on shipment of the goods. The due date shall be set at least 14 days from the buyer receiving the shipment. If the seller has a specific need to claim a prepay from the buyer, such as through Purchase, or Personalization, the seller may require this. Buyers under the age of 18 can only pay directly at the seller’s delivery of the item or by delivery of the item at postal order.
Delivery of the item from the seller to the buyer takes place in the manner, at the place and time specified in the order solution in the online store. If no delivery date is stated in the ordering solution, the seller shall deliver the item to the buyer within a reasonable period of time and within 30 days of the order from the customer. Should the seller ensure that the goods are dispatched to the buyer, he is obliged to have the goods shipped to the place of destination in a suitable manner and under normal conditions for such transportation. The place of destination is with the buyer unless otherwise specifically agreed between the parties.
8. The risk of the goods
The risk of the goods passes on to the buyer when the item is taken over by the buyer under the agreement. If the delivery time has come and the buyer fails to take over a product that is at his or her disposal after the agreement, the buyer still has the risk of loss or damage due to the characteristics of the item itself. 9. Right of withdrawal.
The buyer may refuse the purchase of the goods in accordance with the provisions of the Copyright Act. Right of cancellation means that the buyer can return the item to the seller without reason, even if there is no shortage of it and even if it is not 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 cancellation and the right of withdrawal have been received.
Exceptions that trigger the cancellation of the right of withdrawal are the purchase of personalized products.
For reasons of proof, the notice from the buyer to the seller of the right of withdrawal should be in writing (cancellation form, e-mail, fax or letter), and it must contain information on how the buyer will return the item to the seller.
When using the right of cancellation, the item must be returned to the seller within a reasonable period of time. The seller is obliged to repay the entire purchase price to the buyer within 14 days from the date the seller receives the item or the voucher or the goods are placed at the seller’s disposal. The seller can not set fees for the buyer’s use of the right of withdrawal, but the seller may require the buyer to pay the cost of the return shipment. The buyer can check the product before he or she regrets the purchase. However, the product must be returned to the seller in approximately the same condition and quantity as it was when the buyer received it. The buyer should return the item back to the seller in the original packaging.
10. Examination of the item
When the buyer receives the goods, it is recommended that he or she reasonably investigates whether it is in accordance with the order, if it has been damaged during transport or if it is otherwise missing. If the item does not match the order or is missing, the buyer must report to the seller on complaint, see item 11 of the contract.
11. Complaint in case of lack and deadline for notification of delay.
In the event of a defect in the goods, the buyer must, within a reasonable period of time after discovering it, inform the seller that he or she will invoke the defect. Zen Products AS provides a normal five-year notice period.
In case of delay, claims must be made within a reasonable period of time after delivery time has come and the product has not been delivered. If the item is paid by credit card, the buyer can also choose to advertise and send claims directly to creditors (credit card company). The notification to the seller or creditors should be in writing (e-mail, fax or letter). The warranty on the product itself is not impaired by the personalization of the product. However, errors due to the buyer’s typos, resulting in errors in the personalization of a product do not constitute grounds for complaint. Should there be a mistake in the personalization of a product due to the seller, ordinary warranty claims apply.
12. Buyer’s right of delay
If the seller does not deliver the item or deliver it too late in accordance with the agreement between the parties, and this is not due to the buyer or relationship on the buyer, the buyer may, in accordance with the rules in the Consumer Buying Act’s Chapter 5, return the purchase price, demand fulfillment, terminate the agreement and claim compensation from the seller.
Compliance: 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 can not claim fulfillment if there is an obstacle that the seller can not overcome or if fulfillment will cause such a major disadvantage or expense to the seller that there is significant discrepancy with the buyer’s interest in the seller fulfilling. Failing the difficulties within a reasonable time, the consumer may require fulfillment.
Elevation: 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 period of fulfillment set by the buyer. However, the buyer can not cancel the agreement while the additional deadline expires unless the seller has stated that he or she will not meet within the deadline.
Compensation: The buyer can also claim compensation for loss he or she suffers as a result of the delay by the seller, cf. section 29 of the Consumer Buying Act. The buyer must report claims to the seller by complaint cf. clause 11 of this contract.
13. Buyer’s rights in case of defectIf the product has a defect and this is not due to the buyer or condition on the buyer, the buyer may, in accordance with the rules in the Consumer Buying Act, chapter 6, in turn, keep the purchase price, choose between rectification and replacement, demand a price reduction, demand the agreement raised and compensation from the seller.
Correction or replacement: If the item has a defect, the buyer may require the seller to correct the defect or return the corresponding item. The seller may oppose the buyer’s claim if the execution of the claim is impossible or the seller may incur unreasonable costs. The seller must make the fix or delivery within a reasonable time.
Correction or redeployment shall be made free of charge to the buyer, without the risk that the buyer will not cover his expenses and without any significant disadvantage for the buyer. The seller cannot make more than two attempts to rectify or resign for the same defect, unless there are special reasons that allow further attempts to be reasonable.
Even if the buyer does not require correction or replacement, the seller may offer rectification or replacement if this happens without delay. If the seller makes such corrections or redeployment, the buyer may not demand a price reduction or cancellation.
Price reduction: If the defect is not corrected or returned, the buyer may request a relative price reduction.
Elevation: Instead of price reduction, the buyer may cancel the agreement, except when the defect is insignificant.Compensation: The buyer may also claim compensation for financial loss he or she suffers as a result of the goods having a defect, cf. section 33 of the Consumer Procurement Act. The buyer must report to the seller by complaint cf. clause 11 of this contract. In addition, and regardless of the rules of cancellation and any warranties made by the seller.
14. Seller’s right to buyer’s default
If the buyer does not pay or meet the other obligations under the agreement, and this is not due to the seller or seller relationship, the seller may, in accordance with the provisions of the Consumer Purchase Act, chapter 9, in turn, retain the goods, demand fulfillment of the agreement, demand the agreement as well as compensation from buyer. The seller may also require interest on late payment, collection fee and fee for unpaid items.
Compliance: If the buyer does not pay, the seller can maintain the purchase and demand that the buyer pay the purchase price (fulfillment). If the product is not delivered, the seller loses his right if he waits unreasonably for a long time to promote the claim.
Remedy: In the case of material breach of payment or other material breach of the buyer, the seller may terminate the agreement. The seller cannot, however, raise after the purchase price has been paid. The seller can also raise the purchase if the buyer does not pay within a reasonable amount additional deadline for fulfillment set by the seller. The seller cannot, however, raise while the additional period expires unless the buyer has said that he or she will not pay.
Compensation: The seller may claim compensation from the buyer for financial loss he or she suffered as a result of breach of contract from the buyer cf. Consumer Purchasing Act §46. Interest on late payment / collection fee: If the buyer does not pay the purchase price under the agreement, the seller may claim interest on the purchase price pursuant to interest on late payment. In case of non-payment, the claim can be sent to the debtor in advance, and the buyer may then be held liable for Fees pursuant to the Debt Collection Act and other recovery of overdue monetary requirements.
Fee for unpaid non-prepaid items: If the buyer fails to collect unpaid goods, the seller may charge a buyer with a fee of $ 300 + return on return. The fee shall cover the seller’s actual outlay to deliver the item to the buyer. Such a fee cannot be charged to buyers under 18 years of age.
Zen Products AS provides a 2 year warranty against production defects on all products on the website. The warranty does not include normal wear, or improper use.
16. Personal information
Unless the buyer agrees to anything else, the seller may only retrieve and store the personal information necessary for the seller to be able to fulfill the obligations under the agreement. The buyer’s personal information shall only be disclosed to others if it is necessary for the seller to have the agreement with the buyer, or in a statutory case. The seller can only collect the buyer’s social security number if there is a need for secure identification and such collection is required. If the seller wishes to use the buyer’s personal information for other purposes, for example, to send the buyer newsletter or information beyond what is necessary to complete the agreement, the seller must obtain the buyer’s consent at the time of the contract. The seller will then provide the buyer with information about what the personal information will be used for and about who will use the personal information. The buyer’s consent will be voluntary and delivered by an active act, for example by ticketing.
The buyer should be able to easily contact the seller, for example by phone or email 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.
17. Conflict Resolution
The parties shall endeavor to resolve any dispute in agreement. The buyer can contact the Consumer Council to get assistance in any dispute with the seller. If a memorable solution is not obtained after brokering in the Consumer Council, the parties may in writing request that the Consumer Council promote the dispute for the Consumer Rights Committee. Decisions by the Consumer Rights Committee are valid four weeks after the announcement. Before the decision is enforceable, the parties may, by submitting a letter to the Consumer Rights Committee, bring the decision to the District Court.