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Terms of purchase

Standard sales conditions for consumer purchases of goods over the Internet.

General

This purchase is governed by the standard sales conditions for consumer purchases of goods over the Internet set out below. A consumer purchase here means the sale of goods to a consumer who is not acting primarily in the course of business, where the seller acts in the course of a business selling goods over the internet.

Sales to consumers are regulated, among other things, by the Norwegian Consumer Purchases Act (forbrukerkjøpsloven) and the Norwegian Right of Withdrawal Act (angrerettsloven).

The agreement

The agreement between buyer and seller consists of the information the seller gives about the purchase in the ordering solution in the online store (including, among other things, information about the nature, quantity, quality and other characteristics of the goods, the price and the delivery terms), any direct correspondence between the parties (for example e-mail), and these sales conditions.

In the event of a conflict between the information the seller has given about the purchase in the ordering solution in the online store, direct correspondence between the parties, and the terms of the sales conditions, direct correspondence between the parties and the information given in the ordering solution take precedence over the sales conditions, provided this does not conflict with binding legislation.

The parties

Seller

Company name: Helsadi as

Contact address: Anders Sandvigsgate 36, 2609 Lillehammer

E-mail: inger@helsadi.no

Telephone: 92258522

Organisation no.: 978659535

The buyer is the person who places the order.

Prices

All prices are in Norwegian kroner and include VAT. Shipping costs NOK 99 per order to mainland Norway. Your total is shown at checkout before you pay. I do not deliver abroad, to Svalbard or to Jan Mayen.

Formation of the agreement

The agreement is binding on both parties once the buyer's order has been received by the seller. A party is nevertheless not bound by the agreement if a clerical or typing error has occurred in the seller's offer in the ordering solution in the online store, or in the buyer's order, and the other party realised or ought to have realised that such an error had occurred.

Order confirmation

After your order has been verified, I send a confirmation to the email address you entered at checkout. Check the items, quantities, prices and delivery address. Contact inger@helsadi.no if anything is incorrect.

Payment

Pay by card, Vipps or Klarna through Kustom. Available methods and any credit terms are shown in the Kustom checkout. Kustom handles payment details. Helsadi does not store card numbers or security codes.

The amount may be reserved when you order. Payment is captured when the goods are dispatched. Any credit or invoice follows the terms shown by the payment provider.

Delivery etc.

Goods are sent with Bring / Posten to the address entered at checkout. Normal delivery is 2–5 working days. I will let you know if delivery is delayed. Unless otherwise agreed, goods are delivered without undue delay and no later than 30 days after ordering.

The carrier tells you where and when to collect the parcel and gives the collection deadline. Contact me if you cannot collect it. Not collecting a parcel does not by itself constitute notice of withdrawal.

Risk for the goods

The risk for the goods passes to the buyer when the item has been taken over by the buyer in accordance with the agreement. If the time of delivery has come and the buyer fails to take over goods that have been placed at his or her disposal under the agreement, the buyer nevertheless bears the risk of loss or damage caused by characteristics of the goods themselves.

Right of withdrawal

You normally have 14 days to withdraw from the purchase, counted from the day after you or a person you designate receives the goods. For one order delivered in separate shipments, the period starts when the last item is received. No reason is required.

Give clear notice to inger@helsadi.no or Helsadi AS, Anders Sandvigs gate 36, 2609 Lillehammer, Norway. You may use the withdrawal form below, but this is not required. Send your notice before the deadline.

If the legally required information about withdrawal was not provided, the period expires 12 months after the original 14-day deadline. If you receive the information within those 12 months, you have 14 days from its receipt.

Return the goods without undue delay and no later than 14 days after giving notice. You pay the direct return cost. Send returns to Helsadi AS at the address above.

I refund the purchase price and the cost of standard delivery without undue delay, no later than 14 days after receiving your notice. I may withhold the refund until I receive the goods or proof that you have sent them. Refunds use the same payment method unless expressly agreed otherwise, with no refund fee.

You may handle the goods to establish their nature, characteristics and functioning. You may be responsible for loss of value caused by handling beyond this, provided the legally required withdrawal information was supplied.

Withdrawal does not apply to goods liable to deteriorate or expire rapidly. It also does not apply to sealed goods unsuitable for return for health protection or hygiene reasons when the seal has been broken after delivery. This does not limit your statutory rights for faulty goods.

Examination of the goods

When the buyer receives the goods, it is recommended that he or she examines, to a reasonable extent, whether they conform to the order, whether they have been damaged in transit, or whether they are otherwise defective. If the goods do not conform to the order or are defective, the buyer must notify the seller by making a complaint, cf. the clause of the contract on “Complaints in the event of a defect and time limit for giving notice of claims in the event of delay”.

Complaints in the event of a defect and time limit for giving notice of claims in the event of delay

If there is a defect in the goods, the buyer must, within a reasonable time after he or she discovered it, notify the seller that he or she wishes to invoke the defect. The time limit can never be shorter than two months from the point in time when the consumer discovered the defect.

A complaint must nevertheless be made no later than two years after the buyer took over the goods. If the goods, or parts of them, are intended to last considerably longer, the complaint period is five years. In the event of delay, claims must be directed to the seller within a reasonable time after the time of delivery has come and the goods have not been delivered. If the goods were paid for by credit card, the buyer may also choose to complain and send the claim directly to the credit provider (the credit card company). The notice to the seller or the credit provider should be in writing (e-mail, fax or letter).

The buyer's rights in the event of delay

If the seller does not deliver the goods, or delivers them late in relation to the agreement between the parties, and this is not due to the buyer or to circumstances on the buyer's side, the buyer may, under the rules in chapter 5 of the Norwegian Consumer Purchases Act (forbrukerkjøpsloven), depending on the circumstances withhold the purchase price, demand performance, rescind the agreement and claim damages from the seller.

Performance: If the seller does not deliver the goods at the time of delivery, the buyer may uphold the purchase and set a reasonable additional deadline for performance by the seller. The buyer may nevertheless not demand performance if there is an impediment the seller cannot overcome, or if performance would cause the seller such great inconvenience or cost that it is substantially disproportionate to the buyer's interest in the seller performing. If the difficulties fall away within a reasonable time, the consumer may demand performance.

Rescission: The buyer may rescind the agreement with the seller if the delay is substantial, or if the seller does not deliver the goods within the additional deadline for performance set by the buyer. The buyer may nevertheless not rescind the agreement while the additional deadline is running, unless the seller has stated that he or she will not perform within the deadline.

Damages: The buyer may further claim damages for loss he or she suffers as a result of the delay on the seller's side, cf. the Norwegian Consumer Purchases Act (forbrukerkjøpsloven) § 24.

The buyer must give notice of claims to the seller by making a complaint, cf. the clause of this contract on “Complaints in the event of a defect and time limit for giving notice of claims in the event of delay”.

The buyer's rights in the event of a defect

If the goods have a defect and this is not due to the buyer or to circumstances on the buyer's side, the buyer may, under the rules in chapter 6 of the Norwegian Consumer Purchases Act (forbrukerkjøpsloven), depending on the circumstances withhold the purchase price, choose between repair and replacement, demand a price reduction, demand rescission of the agreement, and claim damages from the seller.

Repair or replacement: If the goods have a defect, the buyer may require the seller to repair the defect or to supply equivalent goods in replacement. The seller may refuse the buyer's claim if carrying it out is impossible or would cause the seller unreasonable costs.

The seller shall carry out the repair or replacement within a reasonable time. Repair or replacement shall be carried out at no cost to the buyer, without any risk of the buyer not being reimbursed for expenses, and without significant inconvenience to the buyer. Your mandatory rights under the Norwegian Consumer Purchases Act apply.

Even if the buyer demands neither repair nor replacement, the seller may offer repair or replacement provided this is done without delay. If the seller arranges such repair or replacement, the buyer cannot demand a price reduction or rescission.

Price reduction: If the defect is not repaired and the goods are not replaced, the buyer may demand a proportionate price reduction.

Rescission: Instead of a price reduction, the buyer may rescind the agreement, except where the defect is insignificant.

Damages: The buyer may also claim damages for financial loss he or she suffers as a result of the goods having a defect, cf. the Norwegian Consumer Purchases Act (forbrukerkjøpsloven) § 33.

The buyer must give notice of claims to the seller by making a complaint, cf. the clause of this contract on “Complaints in the event of a defect and time limit for giving notice of claims in the event of delay”. The rules on complaints apply in addition to, and independently of, the rules on the right of withdrawal and any guarantees given by the seller.

The seller's rights in the event of the buyer's breach

If the buyer does not pay or does not fulfil the other obligations under the agreement, and this is not due to the seller or to circumstances on the seller's side, the seller may, under the rules in chapter 9 of the Norwegian Consumer Purchases Act (forbrukerkjøpsloven), depending on the circumstances withhold the goods, demand performance of the agreement, demand rescission of the agreement, and claim damages from the buyer. Depending on the circumstances, the seller may also claim interest on late payment, debt collection charges, and a fee for uncollected goods that have not been paid for in advance.

Performance: If the buyer does not pay, the seller may uphold the purchase and require the buyer to pay the purchase price (performance). If the goods have not been delivered, the seller loses that right if he waits an unreasonably long time before making the claim. • Rescission: In the event of substantial payment default or other substantial breach by the buyer, the seller may rescind the agreement. The seller may nevertheless not rescind after the purchase price has been paid.

The seller may also rescind the purchase if the buyer does not pay within a reasonable additional deadline for performance set by the seller. The seller may nevertheless not rescind while the additional deadline is running, unless the buyer has stated that he or she will not pay.

Damages: The seller may claim damages from the buyer for financial loss he or she suffers as a result of breach of contract on the buyer's side, cf. the Norwegian Consumer Purchases Act (forbrukerkjøpsloven) § 46.

Interest on late payment / debt collection charge: If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price under the Norwegian Act on interest on overdue payments (lov om renter ved forsinket betaling). In the event of non-payment, the claim may, after prior notice, be sent to debt collection, and the buyer may then be held liable for charges under the Norwegian Debt Collection Act (lov om inkassovirksomhet og annen inndrivning av forfalte pengekrav).

Fee for uncollected goods not paid for in advance: If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee of kr 500,- + freight both ways. The fee shall at most cover the seller's actual expenses in delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age.

Guarantee

A guarantee given by the seller or the manufacturer gives the buyer rights in addition to those the buyer already has under non-derogable legislation. A guarantee therefore does not limit the buyer's right to complain and to make claims in the event of delay or defects under the clauses “The buyer's rights in the event of delay” and “The buyer's rights in the event of a defect”.

Personal data

Unless the buyer consents to something else, the seller may only collect and store the personal data that is necessary for the seller to fulfil the obligations under the agreement. The personal data of a buyer under 15 years of age cannot be collected unless the seller has the consent of a parent or guardian. The buyer's personal data shall only be disclosed to others where this is necessary for the seller to carry out the agreement with the buyer, or in cases prescribed by law. The seller may only collect the buyer's national identity number where there is an objective need for secure identification and such collection is necessary.

If the seller wishes to use the buyer's personal data for other purposes — for example to send the buyer advertising or information beyond what is necessary to carry out the agreement — the seller must obtain the buyer's consent when the agreement is entered into. The seller must give the buyer information about what the personal data is to be used for and about who is to use it. The buyer's consent must be freely given and provided by an active act, for example by ticking a box.

The buyer shall be able to contact the seller easily, for example by telephone or e-mail, if he or she has questions about the seller's use of personal data, or if he or she wishes the seller to delete or change the personal data.

Dispute resolution

The parties shall attempt to resolve any disputes amicably. The buyer may contact the Norwegian Consumer Council (Forbrukerrådet) for assistance in any dispute with the seller. If no amicable solution is reached after mediation by Forbrukerrådet, the parties may request in writing that Forbrukerrådet brings the dispute before the Norwegian Consumer Disputes Commission (Forbrukertvistutvalget). 13) A decision by Forbrukertvistutvalget becomes legally enforceable four weeks after service. Before the decision is legally enforceable, the parties may, by submitting a writ to Forbrukertvistutvalget, bring the decision before the district court.

13) See the Act of 01 March 2017 on the Norwegian Consumer Complaints Committee (Lov om Forbrukerklageutvalget — forbrukerklageloven).

Withdrawal form

To: Helsadi AS, Anders Sandvigs gate 36, 2609 Lillehammer, Norway. Email: inger@helsadi.no.

I/We hereby give notice that I/we withdraw from the contract for the following goods: ____________________

Ordered on: __________ Received on: __________ Order number: __________

Name: ____________________ Address: ____________________

Date: __________ Signature (only when sent on paper): ____________________