Sales Terms and Conditions
1. Agreement
The agreement comprises these sales terms, information provided in the ordering solution, and any specifically agreed terms. In the event of a conflict between the information, the specifically agreed terms between the parties take precedence, provided they do not contravene mandatory legislation.
The agreement is further supplemented by relevant statutory provisions governing the purchase of goods between businesses and consumers.
2. Parties
The seller is Balanse i kropp, sinn og sjel – Nina Gjerdal, Torvmyrvegen 12, 4345 Bryne, [email protected], VAT No. 933 587 584 MVA, hereinafter referred to as the Seller.
The buyer is the consumer who places the order, hereinafter referred to as the Buyer.
3. Price
The stated price for goods and services is the total price to be paid by the Buyer. This price includes all taxes and additional costs. The Buyer shall not incur any further costs of which the Seller has not informed them prior to the purchase.
4. Conclusion of Contract
The contract is binding for both parties once the Buyer has submitted their order to the Seller.
However, if there are typographical or clerical errors in the Seller's offer in the ordering solution or in the Buyer's order, and the other party realized or should have realized that such an error existed, the contract is not binding.
5. Payment
The Seller may demand payment for the goods from the time they are dispatched to the Buyer.
If the Buyer uses a credit or debit card for payment, the Seller may reserve the purchase amount on the card at the time of ordering. The card will be charged on the same day the goods are dispatched.
For invoice payments, the invoice will be issued upon dispatch of the goods. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt.
Buyers under the age of 18 may not pay via post-delivery invoicing.
6. Termination of Recurring Payments/Subscriptions
Recurring payments are managed via Vipps or Klarna. To terminate a recurring payment, you can either send an email to [email protected] or cancel it yourself via the Vipps app or Klarna.no.
In the Vipps app, navigate to "Recurring Payments," select the subscription you wish to cancel, and click "Manage Subscription." You can then log in with Vipps and terminate the subscription.
7. Delivery
Delivery is considered complete 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 goods to the Buyer without undue delay and no later than 30 days after the order is placed. The goods shall be delivered to the Buyer unless otherwise specifically agreed between the parties.
8. Risk of the Goods
The risk for the goods passes to the Buyer when they, or their representative, have received the goods in accordance with Section 7.
9. Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the Buyer may withdraw from the purchase in accordance with the Right of Withdrawal Act.
The Buyer must notify the Seller of their intention to exercise the right of withdrawal within 14 days from the commencement of the withdrawal period. This period includes all calendar days. If the period ends on a Saturday, Sunday, or public holiday, it is extended to the next business day.
The withdrawal period is considered observed if the notification is sent before the expiry of the period. The Buyer bears the burden of proof for having exercised the right of withdrawal and should therefore provide the notification in writing (withdrawal form, email, or letter).
The withdrawal period begins:
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For individual goods, the day after the goods are received.
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For subscriptions or agreements involving regular delivery of identical goods, the day after the first delivery is received.
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For purchases consisting of multiple deliveries, the day after the final delivery is received.
If the Seller has not provided information about the right of withdrawal and the standard withdrawal form before the conclusion of the agreement, the withdrawal period is extended by 12 months. If the Seller provides this information within these 12 months, the withdrawal period expires 14 days after the day the Buyer received the information.
Upon exercising the right of withdrawal, the goods must be returned to the Seller without undue delay and no later than 14 days after the notification is given. The Buyer covers the direct costs of returning the goods unless otherwise agreed or the Seller has failed to inform the Buyer that they must bear the return costs. The Seller may not impose a fee for the Buyer's use of the right of withdrawal.
The Buyer may inspect or test the goods in a manner necessary to determine their nature, characteristics, and function without affecting the right of withdrawal. If such inspection or testing exceeds what is necessary, the Buyer may be liable for any diminished value of the goods.
The Seller is obligated to refund the purchase amount to the Buyer without undue delay and no later than 14 days from the date the Seller received the notification of the Buyer's decision to exercise the right of withdrawal. The Seller may withhold the refund until they have received the goods or the Buyer has provided documentation that the goods have been returned.
10. Delays and Non-Delivery – Buyer's Rights and Deadline for Claims
If the Seller does not deliver the goods or delivers them late in accordance with the agreement, and this is not due to the Buyer or circumstances on the Buyer's side, the Buyer may, in accordance with Chapter 5 of the Consumer Purchases Act, withhold the purchase amount, demand fulfillment, terminate the agreement, and/or claim compensation from the Seller.
For claims regarding breaches of contract, the notification should be in writing (e.g., email) for evidentiary purposes.
Fulfillment
The Buyer may uphold the purchase and demand fulfillment from the Seller. However, the Buyer cannot demand fulfillment if there is an obstacle the Seller cannot overcome or if fulfillment would result in a significant disadvantage or cost for the Seller that is disproportionate to the Buyer's interest in the Seller fulfilling the agreement. If the obstacles cease within a reasonable time, the Buyer may still demand fulfillment.
The Buyer loses the right to demand fulfillment if they wait unreasonably long to assert the claim.
Termination
If the Seller does not deliver the goods at the agreed delivery time, the Buyer shall urge the Seller to deliver within a reasonable additional period. If the Seller does not deliver within this additional period, the Buyer may terminate the purchase.
The Buyer may, however, terminate the purchase immediately if the Seller refuses to deliver the goods. 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 decisive.
If the goods are delivered after the additional period set by the consumer or after the delivery time that was crucial for the conclusion of the agreement, the claim for termination must be asserted within a reasonable time after the Buyer became aware of the delivery.
Compensation
The Buyer may claim compensation for losses incurred due to 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 foreseen at the time of the agreement, could not have been avoided, or the consequences of which could not have been overcome.
11. Defects – 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, indicating that they wish to invoke the defect. The Buyer has always complained in time if it occurs within two months after the defect was discovered or should have been discovered. Complaints can 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 significantly longer than two years, the complaint period 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, in accordance with Chapter 6 of the Consumer Purchases Act, withhold the purchase amount, choose between rectification and replacement, demand a price reduction, terminate the agreement, and/or claim compensation from the Seller.
Complaints to the Seller should be made in writing.
Rectification or Replacement
The Buyer may choose between having the defect rectified or receiving a replacement. The Seller may, however, oppose the Buyer's claim if the implementation of the claim is impossible or causes the Seller unreasonable costs. Rectification or replacement shall be carried out within a reasonable time. The Seller is not entitled to more than two attempts to remedy the same defect.
Price Reduction
The Buyer may demand an appropriate price reduction if the goods are not rectified or replaced. This means that the ratio between the reduced and agreed price corresponds to the ratio between the value of the goods in defective and contractual condition. If special reasons exist, the price reduction may instead correspond to the significance of the defect for the Buyer.
Termination
If the goods are not rectified or replaced, the Buyer may 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 the 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 Chapter 9 of the Consumer Purchases Act, withhold the goods, demand fulfillment of the agreement, terminate the agreement, and claim compensation from the Buyer. The Seller may also, under certain circumstances, charge interest for late payment, collection fees, and a reasonable fee for uncollected goods.
Fulfillment
The Seller may uphold the purchase and demand that the Buyer pays the purchase amount. If the goods are not delivered, the Seller loses the right if they wait unreasonably long to assert the claim.
Termination
The Seller may terminate the agreement if there is significant payment default or other significant breach by the Buyer. However, the Seller cannot terminate if the entire purchase amount has been paid. If the Seller sets a reasonable additional period for fulfillment and the Buyer does not pay within this period, the Seller may terminate the purchase.
Interest for Late Payment/Collection Fee
If the Buyer does not pay the purchase amount in accordance with the agreement, the Seller may charge interest on the purchase amount under the Act on Interest on Overdue Payments. In case of non-payment, the claim may, after prior notice, be sent to debt collection, and the Buyer may then be held liable for fees under the Debt Collection Act.
Fee for Uncollected Non-Prepaid Goods
If the Buyer fails
The European Commission's complaints portal can 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.
