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Terms And Condition

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Introduction

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This purchase is regulated by the Standard Sales
Conditions for Consumer Purchases of Goods over
the Internet, given below. Consumer purchases via
the Internet are regulated primarily by the Contracts
Act, the Consumer Purchases Act, the Marketing
Control Act, the Cancellation Act and the E-Commerce
Act, and these laws provide consumers with mandatory rights. These laws are available (in Norwegian)
at www.lovdata.no. The terms of the contract are
not to be understood as a limitation on legal rights,
but present the parties’ most important rights and
duties in regard to the purchase.

 

 

​​​1. Contract

 

The contract consists of these Sales Conditions,
information given in the ordering solution, and any
specially agreed conditions. In the event of a conflict
between pieces of information, precedence goes to
what has been specially agreed between the parties,
as long as this does not conflict with mandatory
legislation. 

 

In addition, the contract will be complemented by
relevant statutory provisions that regulate the purchase of goods between traders and consumers.

 

2. Parties

 

​The seller is [Michelle Moen], [Hofsfossveien 107a], [Michelle@Miracle-Mindset.com],
[+47 957 43 753], and
is designated in the following as the Seller.


The purchaser is the consumer who places the order,
and is designated in the following as the Purchaser.

 

3. Prices

 

The stated price for the good and services is the
total price to be paid by the Purchaser. This price
includes all taxes and additional costs. The Purchaser shall not be charged for any further costs
of which the Seller has not informed the Purchaser
before the purchase.

4. Conclusion of contract

 

The contract is binding for both parties as soon as
the Purchaser has sent the order to the Seller.

 

However, a party is not bound by the contract if
there are orthographical or typological errors in
the offer from the Seller in the ordering solution
of the online shop or in the Purchaser’s order, and
the other party realised or should have realised
that such an error was present.

 

5. Payment

 

The Seller may charge the Purchaser for the good
from the time it is sent from the Seller to the
Purchaser.

 

If the Purchaser uses a credit or debit card to make
the payment, the Seller may hold the funds on the
card when the order is placed. The card will be
charged on the same day the good is sent.

 

If the Seller offers post-delivery invoicing, the
invoice shall be issued when the good is dispatched.
The due date shall be written on the invoice and
must be a minimum of 14 days from when the
Purchaser receives the delivery.

 

Purchasers under the age of 18 may not pay via
post-delivery invoicing.

 

6. Delivery

 

Delivery has occurred once the Purchaser or his/
her representative has taken possession of the item.

 

If the delivery time is not stated in the ordering
solution, the Seller shall deliver the good to the
Purchaser within a reasonable time frame and no
later than 30 days after the order is placed by the
customer.

 

The good shall be delivered to the
Purchaser unless other, special arrangements are
made between the parties.

 

7. Product risk

 

Product risk is assumed by the Purchaser as soon
as the item is taken over by the Purchaser or his/
her representative in accordance with Section 6.

8. Right to cancel

Unless the contract is exempt from the right to
cancel, the Purchaser may cancel the order in
accordance with the Cancellation Act.

 

The Purchaser must inform the Seller that he/she
will exercise this right within 14 days after the
start of the cancellation period. This time limit
includes all calendar days. If the period ends on a
Saturday, Sunday or public holiday, the period will
be extended until the next business day.

 

The deadline to exercise one’s right to cancel will
be seen as met if notice is sent before the end of
the cancellation period. The Purchaser has the
burden of proof for demonstrating that the right

9. Delays and non-delivery:
 

​If the Seller does not deliver the good or delivers it
late according to the terms of the parties’ contract,
and this is not due to the Purchaser or to conditions
on the part of the Purchaser, the Purchaser may,
in accordance with Chapter 5 of the Consumer
Purchases Act, withhold the purchase sum, demand performance of the contract, terminate the
contract and/or demand compensation from the
Seller, according to the relevant circumstances.
For demands of remedy for breach of contract,
notice should be given in writing for the purposes
of documentation (e.g. by email).


Performance
 

The Purchaser may affirm the purchase and demand
performance from the Seller. The Purchaser may
not however demand performance if there is a
barrier to performance the Seller cannot overcome,
or if performance would cause a great disadvantage
or expense to the Seller that is out of proportion to
the Purchaser’s interest in the performance.

 

Should these obstacles be removed within a reasonable
amount of time, however, the Purchaser may
demand performance.
The Purchaser loses his/her right to demand performance if he/she waits an unreasonably long
time to make the claim.


Termination
 

If the Seller does not deliver the good at the time
set for delivery, the Purchaser shall call on the
Seller to deliver within a reasonable additional
time frame for performance. If the seller does not
deliver the good within the additional time frame,
the Purchaser may cancel the purchase.

 

The Purchaser may however cancel the purchase
immediately if the Seller refuses to deliver the good.
This also applies to cases in which delivery at the
agreed time was a decisive factor in the conclusion
of the contract, or if the Purchaser has informed
the Seller that the delivery time is a decisive
factor.

 

If the item is delivered after the additional time
frame set by the consumer or after the delivery
time that was a decisive factor in the conclusion
of the contract, termination must be asserted within
a reasonable time frame after the Purchaser was
informed of the delivery

Compensation
 

The Purchaser may demand compensation for losses
incurred as a result of the delay. However, this does
not apply to cases in which the Seller can assert that
the delay was due to obstacles outside the Seller’s
control that could not have reasonably been foreseen at the time the contract was concluded, could
not have been avoided or the consequences of
which could not have been overcome.

10 Defective goods:
 

The Purchaser’s rights and
time limit to give notice

If the good is defective, the Purchaser must notify
the Seller that he/she wishes to invoke the defect
within a reasonable amount of time after the defect
was discovered or should have been discovered.

 

The Purchaser is always considered to have given
timely notice if it occurs within two months after
the defect was discovered or should have been
discovered. Notice may be given no later than two
years after the Purchaser took possession of the
good. If the good or parts of it are meant to last
considerably longer than two years, this deadline
is extended to five years.

 

If the good has a defect and this is not due to the
Purchaser or to conditions on the part of the
Purchaser, the Purchaser may, in accordance with
Chapter 6 of the Consumer Purchases Act, withhold
the purchase sum, choose between repair and
replacement, demand a price reduction, demand that
contract be terminated and/or demand compensation from the Seller, according to the relevant circumstances.


Notice should be given to the Seller in writing.


Repair or replacement
 

The Purchaser may choose between having the
defect repaired or the delivery of an equivalent item.
The Seller may however oppose the Purchaser’s
claim if carrying out the claim is impossible or causes
the Seller to incur unreasonable expenses. Repair
or replacement shall be performed within a reasonable amount of time. The Seller does not as a rule
have the right to more than two attempts to cure
for the same defect.


Price reduction
 

The Purchaser may demand a suitable price reduction if the good is not repaired or replaced. This
means that that relation between the reduced
and originally agreed price corresponds to the
relation between the item’s value in defective
condition and the condition according to the original
contract. If special circumstances call for it, the
price reduction may instead correspond to the


defect’s impact on the purchaser.
Termination
If the good is not repaired or replaced, the Purchaser
may also cancel the purchase in cases where the
defect is not immaterial.

'

11. Seller’s rights in case of Purchaser’s breach of contract

 

If the Purchaser does not pay or otherwise fulfil
his/her duties according to the contract and/or the
law, and this is not due to the Seller or to conditions
on the part of the Seller, the Seller may, in accordance with the rules in Chapter 9 of the Consumer
Purchases Act, withhold the good, demand performance of the contract, terminate the contract and
demand compensation from the Purchaser, according to the relevant circumstances. The Seller may
also, according to the relevant circumstances, charge
interest for late payment, a collection fee and a
reasonable fee for uncollected goods.


Fulfilment
 

If the Purchaser does not pay, the Seller may affirm the purchase and demand that the Purchaser
pay the purchase sum. If the good is not delivered,
the Seller will lose its right if it takes an unreasonably long time to make the claim.


Termination
 

Upon significant non-payment breach or any other significant breach by the Purchaser, the Seller
may terminate the contract. However, the Seller
may not terminate the contract after the purchase
sum has been paid. The Seller may also terminate
the purchase if the Purchaser does not pay within
a reasonable additional time frame for fulfilment
set by the Seller.


Interest relating to late payment/collection fee
If the Purchaser does not pay the purchase sum
specified in the contract, the Seller may charge
interest on the purchase sum according to the Act
Relating to Interest on Overdue Payments. In cases
where payment is not made, the debt may be sent
for collection after a warning has been issued, and
the Purchaser may then be held responsible for
fees according to the Act relating to debt collection
and other Debt recovery.
fees for uncollected, non-prepaid items
If the Purchaser fails to collect unpaid goods, the
Seller may charge the Purchaser a fee. The fee shall
at maximum cover the Seller’s actual expenses for
delivering the good to the Purchaser. Purchasers
under 18 years of age cannot be charged this fee.

 

12. Warranties 

 

Warranties given by the Seller or manufacturer
give the Purchaser additional rights beyond those
mandatory rights he/she has by mandatory law.
Thus, a warranty does not imply any limitation on
the Purchaser’s right to give notice or make claims
in case of delay or defect according to Sections
9 and 10.

 

13. Personal data

 

The Seller is the party responsible for handling
collected personal data. Unless the Purchaser
consents otherwise, the Seller may only obtain and
store whatever personal data is necessary for the
Seller to complete its duties according to the contract. The Purchaser’s personal data shall only be
given to others if this is necessary for the Seller to
fulfil the contract with the Purchaser, or in cases
where this is required by law.

 

14. Conflict resolution

 

Claims must be directed to the Seller within a
reasonable time frame in accordance with Sections
9 and 10. The parties shall attempt to resolve any
disputes out of court. If this is not successful, the
Purchaser may contact the Consumer Council of
Norway for mediation. The Consumer Council may
be reached on (+47) 23 400 500 or at
www.forbrukerradet.no

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