Terms of Sale

Introduction

These terms govern consumer purchases of goods over the Internet. Consumer purchases online are primarily regulated by the Norwegian Contract Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Withdrawal Act, and the E-Commerce Act. These laws grant consumers non-waivable rights (see www.lovdata.no). The terms below are not a limitation of those statutory rights; they summarize the parties’ key rights and obligations for the transaction.

These terms are prepared and recommended by the Norwegian Consumer Authority (Forbrukertilsynet). For further guidance, see their official guide.

1. The Agreement

The agreement consists of these Terms of Sale, the information provided in the checkout/ordering process, and any specially agreed conditions. In the event of conflict, specially agreed conditions prevail, provided they do not contravene mandatory law.

Relevant statutory provisions governing the sale of goods between traders and consumers supplement this agreement.

2. The Parties

Seller: BERSERKER AS, Sanden 1, 3264 LARVIK, Norway, hello@ansurofnorway.com, org. no. 923 845 542(hereafter the “Seller”).

Buyer: The consumer placing the order (hereafter the “Buyer”).

3. Price

The price stated in NOK for the goods and services is the total amount payable by the Buyer. The price includes all taxes and charges. The Buyer shall not bear any additional costs that were not disclosed by the Seller before purchase.

4. Conclusion of Contract

The agreement is binding for both parties when the Buyer has submitted the order to the Seller.

However, the agreement is not binding if there are typographical or input errors in the offer shown in the online store or in the Buyer’s order, and the other party realized or ought to have realized that such an error existed.

5. Payment

The Seller may charge payment for the goods from the time the goods are dispatched to the Buyer.

If the Buyer pays by credit or debit card, the Seller may reserve the purchase amount on the card at the time of ordering. The card is charged on the day the goods are shipped.

If paying by invoice, the invoice is issued upon dispatch. The payment due date appears on the invoice and is at least 14 days from receipt.

Buyers under 18 years of age may not pay by post-delivery invoice.

6. Delivery

Delivery occurs when the Buyer, or the Buyer’s representative, takes possession of the goods.

If no delivery time appears in the ordering process, the Seller shall deliver without undue delay and no later than 30 days after the customer’s order. Delivery is to the Buyer’s address unless otherwise specifically agreed.

7. Transfer of Risk

The risk passes to the Buyer when the Buyer, or the Buyer’s representative, has received the goods in accordance with section 6.

8. Right of Withdrawal (Cooling-Off Period)

Unless the agreement is exempt, the Buyer may withdraw from the purchase under the Norwegian Right of Withdrawal Act.

The Buyer must notify the Seller within 14 days from the start of the withdrawal period. All calendar days count; if the deadline falls on a Saturday, public holiday or bank holiday, it is extended to the next business day.

The deadline is met if notice is sent before it expires. The Buyer bears the burden of proof that the right of withdrawal was exercised, so the notice should be in writing (withdrawal form, email, or letter).

Start of the withdrawal period:

• For a single item: from the day after the item is received.

• For subscriptions or regular delivery of identical goods: from the day after the first delivery is received.

• For purchases consisting of multiple deliveries: from the day after the final delivery is received.

If the Seller did not, prior to contract conclusion, provide information about the right of withdrawal and the standardized withdrawal form, the period is extended by 12 months beyond the original deadline. If the Seller provides the information during those 12 months, the period expires 14 days after the day the Buyer received the information.

When exercising the right of withdrawal, the goods must be returned without undue delay and no later than 14 days from giving notice. The Buyer covers the direct cost of return unless otherwise agreed or the Seller failed to inform that return costs are borne by the Buyer. The Seller may not charge a fee for the use of the right of withdrawal.

The Buyer may examine the goods in a proper manner to determine their nature, characteristics, and function without losing the right of withdrawal. If use exceeds what is necessary, the Buyer may be liable for any diminished value.

The Seller must refund the purchase price without undue delay and no later than 14 days from receiving the Buyer’s notice. The Seller may withhold the refund until the goods are received or the Buyer has provided documentation of return shipment.

9. Delay and Non-Delivery — Buyer’s Rights and Claim Deadlines

If the Seller does not deliver the goods or delivers late under the agreement, and this is not due to the Buyer, the Buyer may—under Chapter 5 of the Consumer Purchases Act— withhold payment, demand performance, terminate the agreement, and/or claim damages.

For evidentiary purposes, such claims should be made in writing (e.g., email).

Performance
The Buyer may maintain the purchase and demand performance unless there is an obstacle the Seller cannot overcome, or performance would entail an unreasonable burden or cost for the Seller compared to the Buyer’s interest in performance. If the obstacle ceases within a reasonable time, the Buyer may still demand performance. The right lapses if the Buyer waits an unreasonably long time before making the claim.

Termination (Cancellation)
If the Seller fails to deliver by the agreed time, the Buyer shall request delivery within a reasonable additional period. If the Seller still fails to deliver within that period, the Buyer may terminate the purchase. The Buyer may terminate immediately if the Seller refuses to deliver, if delivery at the agreed time was essential for contract conclusion, or if the Buyer informed the Seller that the delivery time was essential. If delivery occurs after the additional period or after the essential date, termination must be claimed within a reasonable time after the Buyer became aware of the delivery.

Damages
The Buyer may claim compensation for losses caused by the delay unless the Seller proves the delay was due to an obstacle beyond the Seller’s control that could not reasonably have been foreseen at the time of contract, avoided, or overcome.

10. Defects — Buyer’s Rights and Complaint Deadlines

If there is a defect, the Buyer must notify the Seller within a reasonable time after it was discovered or should have been discovered. A complaint is always timely if made within 2 months. Complaints may be made no later than two years after the Buyer took possession. If the item or parts are intended to last substantially longer than two years, the period is five years.

If the defect is not due to the Buyer, the Buyer may—under Chapter 6 of the Consumer Purchases Act— withhold payment, choose repair or replacement, demand a price reduction, terminate the agreement, and/or claim damages. Complaints should be made in writing.

Repair or Replacement
The Buyer may choose repair or delivery of a similar item. The Seller may oppose the claim if fulfillment is impossible or causes unreasonable costs. Repair or replacement must occur within a reasonable time. As a rule, the Seller has no right to attempt remedy more than twice for the same defect.

Price Reduction
If the item is not repaired or replaced, the Buyer may claim a reasonable price reduction corresponding to the difference between the value of the item in defective condition and in contractual condition. In special cases, the reduction may equal the significance of the defect for the Buyer.

Termination
If the item is neither repaired nor replaced, the Buyer may terminate the purchase if the defect is not insignificant.

11. Seller’s Rights in Case of Buyer’s Breach

If the Buyer fails to pay or otherwise breaches the agreement or law, and this is not due to the Seller, the Seller may—under Chapter 9 of the Consumer Purchases Act— withhold the goods, demand performance, terminate the agreement, and/or claim damages. The Seller may also claim late-payment interest, debt-collection fees, and a reasonable fee for uncollected goods.

Performance
The Seller may maintain the purchase and demand payment. If the goods have not been delivered, the Seller loses this right if waiting an unreasonably long time before making the claim.

Termination
The Seller may terminate in the event of material payment default or other material breach. The Seller may not terminate if the purchase price has been paid in full. If the Seller sets a reasonable additional deadline and the Buyer does not pay within that time, the Seller may terminate.

Late-Payment Interest / Collection Fees
If the Buyer does not pay according to the agreement, the Seller may charge interest under the Norwegian Late Payment Interest Act. After prior notice, the claim may be sent to debt collection, and the Buyer may be held liable for fees under the Norwegian Debt Collection Act.

Fee for Uncollected, Non-Prepaid Goods
If the Buyer fails to collect unpaid goods, the Seller may charge a fee covering the Seller’s actual costs of delivering the goods to the Buyer. Such a fee cannot be charged to Buyers under 18 years of age.

12. Guarantee

Any guarantee provided by the Seller or manufacturer grants rights in addition to those provided by mandatory law. A guarantee does not limit the Buyer’s rights for delay or defects under sections 9 and 10.

13. Personal Data

The Seller is the controller for personal data collected. Unless the Buyer consents otherwise, the Seller may only collect and store the personal data necessary to fulfill obligations under the agreement, in accordance with applicable data-protection laws. Personal data will only be disclosed to others when necessary to fulfill the agreement or when required by law.

14. Dispute Resolution

Complaints should be directed to the Seller within a reasonable time, cf. sections 9 and 10. The parties shall attempt to resolve any dispute amicably. If unsuccessful, the Buyer may contact the Norwegian Consumer Council (Forbrukerrådet) for mediation (phone +47 23 400 500 or www.forbrukerradet.no).

The European Commission’s Online Dispute Resolution (ODR) platform may also be used—particularly if you are resident in another EU country: http://ec.europa.eu/odr.