- These standard terms and conditions apply for all sale of goods and services between Brectus Norway A/S and any person or company who accept the terms for goods or services the seller delivers to the party who has ordered in accordance to these terms.
- If other terms are to be accountable to a specific order, this must be clearly confirmed, and are only binding if a written agreement between seller and buyer are present.
- Agreement between buyer and seller consist of the information seller provides on the purchase in the webshop (that being such as information about the goods, quantities, qualities, other characteristics, prizes and deliveries, (eventual direct correspondence between the parts (i.e. e-mail) as well as these conditions.
- In case of contradictions between the information provided by the seller on a sale in the webshop, direct correspondence between the two parts and the terms in the sales agreements, leads to direct correspondence between the parts and the information given in the order which will be countable as long as it does not conflict with a binding law.
Company name: Brectus Norway AS
Adress: Årvollskogen 95, 1529 MOSS
Phone: +47 21 45 64 00
Organization number: 816 836 492 MVA
Buyer is that person, company, institution, organization, administration, union or trader who hands the order in.
§4 PRICES AND PRICECHANGES
- All prices are given in Norwegian kroner (NOK), exclusive the current VAT, eventual commissioning and freight. Prices may be changed if some external conditions that are out of the seller´s control, are changed. It is the buyer´s responsibility to keep themself updated about the current prices, i.e. on the seller´s webpage or by contacting us on the phone or via e-mail. If an eventual increase in the price is more than 5% and over 300 kroner excl. VAT from the date the order is given, it is the seller´s responsibility to contact the buyer vai e-mail, letter, telefax or phone, to make sure the order is still wanted at the new price. Seller also take reservations in case of mistakes in texts, prices and goods that may be sold out. If the buyer are excluded for paying VAT this must be documented.
- The price does not include eventual expenses that may occur after the contract is made due to incomplete or inadequately information. Seller´s extra expenses due to conditions that may be on the buyer´s hand after the contract was signed, such as changes or additions in the contents of the order, may also lead to extra expenses to the agreed price. Seller is obligated to inform buyer in writing about these changes, and why as well as the amount of the eventual extra costs.
- Normal time of production is stated on the specific commmodity, and are counted from the date when correct text is approved, or necessary material is handed in by the customer.
- Seller are to inform the customer as soon as possible if there are anything which may delay deliveries, also what is mentioned in number 3.2. Claims of replacements or a money-back claim, must be provided to us within 8 working days in order to apply.
- The buyer may repeal a purchase only if the delay leads to serious breach of contract, or in case of the seller not being able to deliver the goods within a reasonable time.(see sale of goods act §25). In case of the customer suffering due to late delivery, he may demand replacement for direct loss at a maximum of 10% of the amount stated on the bill of the delayed goods.
- If the goods are custommade for the buyer, and the seller may not sell this item without a major loss or use it in another way, the buyer may close the deal if the delay leads to him not being able to use it as intended. (cf. Sale of goods act §26)
- If other written statements are not made ahead of delivery, the risk of injuries on it are handed to the buyer in the moment the goods are handed over to the delivery firm or the buyer.
- Payment are to be done within 10 days after the due date on the invoice.
- In case of especially large orders, or orders that has a production time of more than two weeks, the seller has a right to claim parts of the money as the order is made.
- For customers that are not worthy of credit (also private customers where their credit is not provided) we demand payments in advance.
§8 INTEREST AND FEES
- For private persons interests and fees are demanded at the maksimum rate for such. For firms, organisations, government agencies and other businesses interests/claims for debt collections are set at a rate of 1.5% per month after the date on the invoice.
- When mailing extra bills/warnings a fee will also be claimed in addition. The amount of this fee will be set in accordance to the numbers given by the authorities.
- Seller has a right to keep the goods as a security matter while waiting for the invoice and extra interests and expenses to be paid (cf. law of liens §3-14).
§10 RETURN POLICY
All orders are binding. If the goods are to be returned, the following will apply:
- Private persons:
Seller is following the principals found in the law in Norway for regrets for a refund of the money. The law covers sales where the seller has taken the initiative for the trade, for example via Direct-Mail as a letter or e-mail or an offer to the buyer by phone at the sellers initiative. The goods must be returned to the seller unopened and unused within 14 days from the date it was sent by the seller. In case of the goods being opened or the packaging being broken, no right will be given unless there is a written agreement on this ahead of time. In such cases the buyer may not get the full amount, since the goods may not be as valuable as it originally was. When goods are returned correctly in accordance with the law the full amount as well as costs for freight will be handed to the buyer. Eventual extra fees are not refunded.
- For private persons:
When the order is made initially by the customer, ( i.e. e-mail order og orders by phone without calls or direct offer from the seller in advance) there are no rights of refunds in accordance to the law.
- For firms, public agencies, institutions and companies/traders:
No refunds are accepted without this being agreed in writing in advance, the costs of freight is paid by the customer. Returns without an agreement will not be credited.
- Warranty according to the law for consumers (private persons) are 2 years. Warranty for businesses etc (firms, institutions, organizations, companies, unions) are 2 years.
- The seller has no responsibility for faults or mistakes that the customer failed to mention when the order was given.
- In case of the customer finding the goods to be faulty, a complaint in writing must be handed in to the seller within 8 working days after delivery was made at the customers address.
- If the item is faulty and this is not due to anything the buyer has done, the customer may according to the law §§30-40 (for firms, institutions, organizations, public offices, unions, companies or other commercial business) delay the payments, choose between correcting the item and a new delivery, demand a prize reduction, demand the initial agreement to be not valid and get the money refunded.
- If the fault on the item is of no hindrance to the buyer using it as planned (no reduction of market value or information value), the claim will be limited. Seller is limited to 25% of the initial prize on the invoice for the item.
- The customer may not demand coverage for indirect losses due to the faulty delivery.
- The seller reserves all rights to first have an opportunity to fix a faulty delivery by giving a new item or supplying to it, before a compensation will be given.
§13 FAULTS ON THE TERMS OF SALE
- An agreement on a sale is not valid if the customer chooses not to follow the agreement made ahead of the order/writing of contracts. In such cases the seller is freed from the laws mentioned above. Expenses due to the customer not following an agreement are to be covered by the customer.
§14 LIMITATION OF LIABILITY
- The seller has a right to set an agreement aside for producing and delivery in case of Force Majeure, including but not limited by a strike, lockout or other forms of conflict, accidents, war, fire or unforeseen incidents that are out of the seller’s control.
- It is the customer’s responsibility to make sure the rights of all elements in an order is clarified and in order. Disputes and eventual economic claims based on the use of pictures or other elements provided by the customer are not the seller’s responsibility.
- Any disputes that may occur due to disagreements on contracts or conditions, are to be handled in ordinary courts, in this case Moss Tingrett. All questions concerning the law are to be judged in accordance to Norwegian law.