Terms of service

Introduction

This purchase is governed by the standard terms below for consumer purchases of goods online. Online consumer purchases are primarily regulated by the Norwegian Contracts Act, Consumer Purchases Act, Marketing Control Act, Right of Withdrawal Act and E-Commerce Act. These laws give consumers mandatory rights and are available at www.lovdata.no. These terms do not limit statutory rights; they set out the parties’ main rights and obligations.

The agreement

The agreement consists of these terms of sale, information provided during ordering and any separately agreed terms. If information conflicts, terms specifically agreed between the parties take precedence, provided they do not conflict with mandatory law.

The agreement is supplemented by relevant statutory provisions governing purchases of goods between businesses and consumers.

The parties

The seller is Laley AS, Rådhusgata 9, 0151 Oslo, Norway, support@laley.no, organisation number 935 227 143, referred to below as the seller.

The buyer is the consumer who places the order, referred to below as the buyer.

Price

The stated price of goods and services is the total price payable by the buyer, including all taxes and additional costs. The buyer is not responsible for additional costs that the seller did not disclose before the purchase.

Formation of the agreement

The agreement becomes binding on both parties when the buyer submits the order to the seller.

However, it is not binding if the seller’s offer in the online ordering system or the buyer’s order contains a typographical or input error, and the other party realised or should have realised that there was an error.

Payment

The seller may require payment from the time the goods are dispatched to the buyer.

For credit or debit card payments, the seller may reserve the purchase amount when the order is placed. The card is charged on the day the goods are dispatched.

We offer payment services from Klarna. Please see Klarna’s terms and privacy policy.

Delivery

We deliver only within Norway. See Shipping and delivery for prices and delivery times.

Delivery takes place when the buyer or their representative takes possession of the goods.

If no delivery time is stated in the ordering system, the seller must deliver without undue delay and no later than 30 days after the customer’s order. Goods must be delivered to the buyer unless the parties specifically agree otherwise.

Risk in the goods

Risk passes to the buyer when the buyer or their representative receives the goods in accordance with the delivery section.

Right of withdrawal

Unless the agreement is exempt from the right of withdrawal, the buyer may cancel the purchase under the Norwegian Right of Withdrawal Act.

The buyer must notify the seller within 14 days after the withdrawal period begins. All calendar days are included. If the period ends on a Saturday, public holiday or holiday, it extends to the next business day.

The deadline is met if notice is sent before the period expires. The buyer bears the burden of proving that the right was exercised, so notice should be given in writing through the returns centre.

The withdrawal period starts:

• For individual goods, on the day after the goods are received.
• For subscriptions or regular deliveries of identical goods, on the day after the first delivery is received.
• For purchases consisting of several deliveries, on the day after the final delivery is received.

If the seller does not provide information about the right of withdrawal and the standard withdrawal form before the agreement is concluded, the period is extended to 12 months after the original deadline. The same applies if information about conditions, deadlines and procedures is missing. If the seller provides this information during those 12 months, the period instead expires 14 days after the buyer receives it.

When exercising the right of withdrawal, goods must be returned without undue delay and no later than 14 days after notification. The buyer pays the direct return costs unless otherwise agreed or the seller failed to disclose that the buyer must pay them. The seller may not charge a fee for exercising the right of withdrawal.

The buyer may reasonably try or test the goods to establish their nature, characteristics and function without losing the right of withdrawal. If handling goes beyond what is reasonable and necessary, the buyer may be liable for any reduction in value.

The seller must refund the purchase price without undue delay and no later than 14 days after being notified of the buyer’s decision to withdraw. The seller may withhold the refund until the goods are received or the buyer provides evidence that they have been returned.

Delay or non-delivery – the buyer’s rights and claim deadlines

If the seller fails to deliver or delivers late under the agreement, and this is not caused by the buyer or circumstances on the buyer’s side, the buyer may, depending on the circumstances and under Chapter 5 of the Norwegian Consumer Purchases Act, withhold payment, demand performance, cancel the agreement and/or claim damages.

Claims for remedies should be made in writing, for example by email, for evidential purposes.

Performance

The buyer may maintain the purchase and require the seller to perform. However, the buyer cannot require performance if there is an obstacle the seller cannot overcome, or if performance would cause inconvenience or expense substantially disproportionate to the buyer’s interest in performance. If the difficulty ends within a reasonable time, the buyer may still require performance.

The buyer loses the right to require performance if they wait unreasonably long to make the claim.

Cancellation

If the seller does not deliver by the agreed time, the buyer must request delivery within a reasonable additional period. If the seller does not deliver within that period, the buyer may cancel.

The buyer may cancel immediately if the seller refuses delivery. The same applies if delivery at the agreed time was essential to entering the agreement, or the buyer informed the seller that the delivery time was essential.

If goods arrive after the additional period or after a delivery time essential to the agreement, cancellation must be claimed within a reasonable time after the buyer learns of the delivery.

Damages

The buyer may claim compensation for loss caused by the delay. This does not apply if the seller establishes that the delay resulted from an obstacle beyond their control which could not reasonably have been foreseen when the agreement was made, avoided or overcome.

Defective goods – the buyer’s rights and complaint deadlines

If goods are defective, the buyer must notify the seller within a reasonable time after discovering, or when they should have discovered, the defect. A complaint is always timely if made within two months of that point. The final complaint deadline is two years after the buyer took possession. If the goods or parts of them are intended to last substantially longer than two years, the deadline is five years.

If the defect is not caused by the buyer or circumstances on the buyer’s side, the buyer may, depending on the circumstances and under Chapter 6 of the Norwegian Consumer Purchases Act, withhold payment, choose repair or replacement, request a price reduction, cancel the agreement and/or claim damages.

Complaints to the seller should be made in writing.

Repair or replacement

The buyer may choose between repair and delivery of equivalent goods. The seller may oppose the choice if it is impossible or would cause unreasonable costs. Repair or replacement must take place within a reasonable time. As a general rule, the seller is not entitled to more than two attempts to remedy the same defect.

Price reduction

If the goods are not repaired or replaced, the buyer may request an appropriate price reduction. The ratio between the reduced and agreed prices must correspond to the ratio between the value of the defective goods and their value in contractual condition. If special reasons justify it, the reduction may instead reflect the significance of the defect to the buyer.

Cancellation

If the goods are not repaired or replaced, the buyer may also cancel the purchase if the defect is not insignificant.

The seller’s rights if the buyer breaches the agreement

If the buyer fails to pay or fulfil other obligations under the agreement or law, and this is not caused by the seller or circumstances on the seller’s side, the seller may, depending on the circumstances and under Chapter 9 of the Norwegian Consumer Purchases Act, withhold the goods, require performance, cancel the agreement and claim damages. The seller may also, depending on the circumstances, charge late-payment interest, debt-collection fees and a reasonable fee for uncollected goods.

Performance

The seller may maintain the purchase and require payment. If the goods have not been delivered, the seller loses this right if they wait unreasonably long to make the claim.

Cancellation

The seller may cancel in the event of a material payment default or another material breach by the buyer. However, the seller cannot cancel if the full purchase price has been paid. If the seller sets a reasonable additional payment deadline and the buyer does not pay within it, the seller may cancel.

Late-payment interest and debt-collection fees

If the buyer does not pay as agreed, the seller may charge interest under the Norwegian Late Payment Interest Act. After prior notice, unpaid claims may be referred for collection, and the buyer may be liable for fees under the Norwegian Debt Collection Act.

Fee for uncollected goods that have not been prepaid

If the buyer fails to collect unpaid goods, the seller may charge a fee limited to the actual expenses incurred in delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18.

Guarantee

A guarantee from the seller or manufacturer gives the buyer rights in addition to mandatory statutory rights. It does not limit the buyer’s right to complain or make claims for delays or defects under the sections above.

Personal information

The seller is the controller of the personal information collected. Unless the buyer agrees otherwise, the seller may, under the Norwegian Personal Data Act, collect and store only the information necessary to fulfil the agreement. Information is disclosed to others only when necessary to fulfil the agreement or as required by law.

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Dispute resolution

Complaints must be made to the seller within a reasonable time, as described in the sections on delays and defects. The parties should try to resolve disputes amicably. If this is unsuccessful, the buyer may contact the Norwegian Consumer Council (Forbrukerrådet) for mediation at +47 23 400 500 or www.forbrukerradet.no.

The European Commission’s complaint portal may also be used, particularly by consumers living in another EU country: http://ec.europa.eu/odr.