Terms of purchase
Terms and conditions of purchase and sale for Bruenech AS Org. nr: NO 984874294 VAT
This purchase is governed by the following standard terms and conditions of sale for consumer purchases of goods over the Internet. Consumer purchases over the Internet are mainly governed by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act and the E-Commerce Act, and these laws give the consumer mandatory rights. The laws are available at www.lovdata.no.
The terms of this Agreement shall not be construed as a limitation of any statutory rights, but sets out the principal rights and obligations of the parties to the transaction.
All mail and written inquiries to Bruenech AS should be sent to:
Bruenech AS
c/o K-Team
Brynsveien 96
1352 Kolsås
E-mails to Bruenech AS should be sent to: jfb@bruenech.com
Telephone inquiries can be made to: +47 913 74 100
1. The Agreement:
The agreement consists of these terms and conditions of sale, information provided in the ordering solution and any separately agreed terms. In the event of any conflict between the information, what has been specifically agreed between the parties takes precedence, unless it contravenes mandatory legislation.
In addition, the agreement will be supplemented by relevant legal provisions governing the purchase of goods between traders and consumers.
2. Parties:
The seller is Bruenech AS, Thommessensvei 9, 1338 Sandvika. E-mail: jfb@bruenech.com
Tel: +47 91374100 Org nr. NO 984874294 VAT, and is hereinafter referred to as the seller/seller. The buyer is the consumer who places the order and is hereinafter referred to as the buyer/buyer.
3. Price:
All prices on our website are stated incl. VAT, but excl. shipping. Shipping appears as a separate item when the customer is in "Checkout". The stated price for the goods and services is the total price to be paid by the buyer. This price includes all taxes and additional costs. Additional costs that the seller has not informed the buyer of prior to the purchase shall not be borne by the buyer.
If the buyer checks "Pick up yourself" and it turns out that the item still needs to be shipped, the customer pays for the cost price of the shipping. If the customer has paid with PayPal, the freight will be invoiced on a separate invoice.
If the customer wishes to pay by invoice, the cost price of the freight is added.
4. Conclusion of agreement:
The agreement is binding on both parties when the Buyer has sent its order to the Seller. However, the agreement is not binding if there has been a typing or typing error in the offer from the seller in the ordering solution in the online store or in the buyer's order, and the other party realized or should have realized that there was such an error.
5. Payment:
The Seller may demand payment for the goods from the time they are sent from the Seller to the Buyer. If the buyer uses a credit or debit card for payment, the seller can reserve the purchase price on the card when ordering. The card will be charged on the same day as the item is shipped. If payment is made by invoice, the invoice will be issued to the buyer upon shipment of the goods. The payment deadline is stated on the invoice and is a minimum of 7 days from receipt. Klarna invoices do not have an invoice fee.
Buyers under the age of 18 cannot pay with the following invoice.
6. Delivery:
Delivery is deemed to have taken place when the buyer, or his representative, has taken possession of the goods. If the time of delivery is not stated 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 from the customer. The goods shall be delivered to the buyer unless otherwise specifically agreed between the parties. Bruenech AS uses the at any time applicable carrier of goods that warehouse Expedinor AS finds most favorable.
The delivery time is normally 2-7 working days unless it is an order item.
7. The risk of the goods:
The risk for the goods passes to the buyer when he, or his representative, has received the goods delivered in accordance with section 6.
8. Right of withdrawal:
Unless the agreement is exempt from the right of withdrawal, the buyer can cancel the purchase of the item in accordance with the Right of Withdrawal Act. The Buyer must notify the Seller of use of the right of withdrawal within 14 days of the deadline starting to run. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday or bank holiday, the deadline is extended to the nearest working day. The time limit is deemed to have been complied with if notification is sent before the expiry of the time limit. The buyer has the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be in writing (withdrawal form, e-mail or letter).
The cooling-off period starts to run:
- In the case of purchases of individual items, the withdrawal period will run from the day after the item(s) are received.
- If a subscription is sold, or if the agreement involves regular delivery of identical goods, the deadline runs from the day after the first shipment is received.
- If the purchase consists of several deliveries, the withdrawal period will run from the day after the last delivery is received.
The withdrawal period is extended to 12 months after the expiry of the original deadline if the seller fails to inform the consumer prior to the conclusion of the contract that there is a right of withdrawal and a standardized withdrawal form. The same applies if the seller fails to provide information about the terms, deadlines and procedure for exercising the right of withdrawal. If the trader provides the information during these 12 months, the withdrawal period still expires 14 days after the day the buyer received the information.
If the right of withdrawal is exercised, the goods must be returned to the seller without undue delay and no later than 14 days after notification of the right of withdrawal has been given. The Buyer covers the direct costs of returning the goods, unless otherwise agreed or the Seller has failed to state that the Buyer shall cover the return costs. The seller cannot set a fee for the buyer's use of the right of withdrawal. The Buyer may try or test the goods in a proper manner to determine the nature, characteristics and function of the goods, without the right of withdrawal lapsing. If sampling or testing of the goods goes beyond what is prudent and necessary, the buyer may be liable for any reduced value of the goods.
The Seller is obliged to refund the purchase price to the Buyer without undue delay, and no later than 14 days after the Seller was notified of the Buyer's decision to exercise the right of withdrawal. The seller has the right to withhold payment until he has received the goods from the buyer, or until the buyer has presented documentation that the goods have been returned.
9. Delay and non-delivery - the buyer's rights and deadline for reporting claims:
If the seller fails to deliver the goods or delivers them late in accordance with the agreement between the parties, and this is not due to the buyer or circumstances on the buyer's side, the buyer may, in accordance with the rules in Chapter 5 of the Consumer Purchase Act, under the circumstances withhold the purchase price, demand performance, terminate the agreement and/or claim compensation from the seller.
When claiming remedies for breach of contract, the notification should be in writing (e-mail/letter) for reasons of evidence.
Fulfillment:
The Buyer may maintain the purchase and demand performance from the Seller. However, the Buyer may not demand performance if there is an obstacle that the Seller cannot overcome, or if performance would entail such great inconvenience or cost for the Seller that it is significantly disproportionate to the Buyer's interest in the Seller performing. Should the difficulties disappear within a reasonable time, the buyer may still demand performance.
The buyer loses his or her right to demand performance if he or she waits an unreasonably long time to submit the claim.
Lifting:
If the seller does not deliver the goods at the time of delivery, the buyer shall encourage the seller to deliver within a reasonable additional deadline for fulfillment. If the seller does not deliver the goods within the additional deadline, the buyer may cancel the purchase.
However, the Buyer may cancel the purchase immediately if the Seller refuses to deliver the goods. The same applies if delivery at the agreed time was decisive for the conclusion of the agreement, or if the buyer has informed the seller that the time of delivery is decisive.
If the goods are delivered after the additional deadline set by the consumer or after the time of delivery that was decisive for the conclusion of the agreement, a claim for rescission must be asserted within a reasonable time after the buyer became aware of the delivery.
Replacement:
The Buyer may claim compensation for any loss suffered as a result of 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 taken into account at the time of the agreement, avoided, or overcome the consequences of.
10. Defects in the goods - the 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 it was discovered or should have been discovered that he or she will invoke the defect. The buyer has always made a timely complaint if it occurs within 2 months of the defect being 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 the rules in Chapter 6 of the Consumer Purchase Act, withhold the purchase price, choose between rectification and redelivery, demand a price reduction, demand termination of the agreement and/or demand compensation from the seller.
Complaints to the seller must be made in writing. Return of goods only by agreement with Bruenech AS The item must be unused and in the original packaging.
Correction or replacement:
The Buyer may choose between demanding that the defect be rectified or delivery of equivalent goods. The Seller may nevertheless oppose the Buyer's claim if the implementation of the claim is impossible or causes the Seller unreasonable costs. Rectification or replacement must be carried out within a reasonable time. In principle, the Seller is not entitled to make more than two attempts to remedy the same defect.
Price reduction:
The buyer can demand an appropriate price reduction if the item is not corrected or redelivered. This means that the ratio between the reduced price and the agreed price corresponds to the ratio between the value of the item in defective and contractual condition. If there are special reasons to do so, the price reduction may instead be set equal to the significance of the defect for the buyer.
Lifting:
If the goods have not been rectified or replaced, the buyer may also cancel the purchase if the defect is not insignificant.
11. The seller's rights in the event of the buyer's default:
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 part of the seller, the seller may, in accordance with the rules in Chapter 9 of the Consumer Purchase Act, under the circumstances withhold the goods, demand fulfillment of the agreement, demand termination of the agreement and claim compensation from the buyer. The seller may also, depending on the circumstances, claim interest in the event of late payment, collection fees and a reasonable fee for uncollected goods.
Fulfillment:
The seller can maintain the purchase and demand that the buyer pays the purchase price. If the goods have not been delivered, the seller loses his right if he waits an unreasonably long time to make the claim.
Lifting:
The Seller may terminate the agreement in the event of a material payment default or other material breach by the Buyer. However, the Seller may not terminate if the entire purchase price has been paid. If the Seller sets a reasonable additional deadline for fulfillment and the Buyer fails to pay within this deadline, the Seller may cancel the purchase.
Interest on late payment/collection fees:
If the buyer fails to pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price under the Interest on Overdue Payments Act. In the event of non-payment, the claim may, after prior notice, be sent to debt collection. The buyer may then be held liable for fees under the Debt Collection Act.
Fee for uncollected non-prepaid goods:
If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee shall not exceed the seller's actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under the age of 18.
12. Warranty
A guarantee given by the seller or the manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A guarantee thus does not imply any limitations on the buyer's right to complaints and claims in the event of delays or defects under clauses 9 and 10.
13. Personal data
The data controller for collected personal data is the seller. Unless the Buyer consents otherwise, the Seller may, in accordance with the Personal Data Act, only collect and store the personal data necessary for the Seller to fulfill its obligations under the agreement. The buyer's personal data will only be disclosed to others if it is necessary for the seller to fulfill the agreement with the buyer, or in statutory cases.
14. Conflict resolution
Complaints should be addressed to the seller within a reasonable time, cf. sections 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is unsuccessful, the buyer may contact the Consumer Council for mediation. The Consumer Council is available by telephone on 23 400 500 or see www.forbrukerradet.no
Updated 11.06 2019