Terms of Sale

 

1. The Agreement

The agreement consists of these Terms of Sale, the information provided during the ordering process and any terms separately agreed. If there is any conflict between the information, the terms specifically agreed between the parties will prevail, provided they do not conflict with mandatory legislation.

The agreement will also be supplemented by relevant statutory provisions governing purchases of goods between traders and consumers.

2. The Parties

The seller is GodHund, Badevikvegen 26, 4160 Finnøy, Kundeservice@godhund.no and is hereinafter referred to as the seller.

The buyer is the consumer who places the order and is hereinafter referred to as the buyer.

3. Price

The stated price for the goods and services is the total price payable by the buyer. This price includes all taxes and additional costs. The buyer will not be required to bear any additional costs that the seller did not disclose before the purchase.

4. Formation of the Agreement

The agreement becomes binding on both parties when the buyer submits their order to the seller.

However, the agreement is not binding if the seller's offer in the online store's ordering process or the buyer's order contains a typographical or input error and the other party realised, or ought to have realised, that such an error had occurred.

5. Payment

The seller may require payment for the goods from the time they are dispatched by the seller to the buyer.

If the buyer pays by credit card or debit card, the seller may place an authorisation hold for the purchase amount on the card when the order is placed. The card will be charged on the day the goods are dispatched.

When payment is made by invoice, the buyer's invoice will be issued when the goods are dispatched. The payment deadline will be stated on the invoice and will be at least 14 days from receipt.

Buyers under 18 years of age cannot pay by deferred invoice.

6. Delivery

Delivery is completed when the buyer, or the buyer's representative, has taken possession of the goods.

If the delivery time is not stated during the ordering process, the seller must deliver the goods to the buyer without undue delay and no later than 30 days after the customer's order. The goods must be delivered to the buyer's address unless the parties have specifically agreed otherwise.

7. Risk in the Goods

Risk in the goods 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

Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw from the purchase of the goods in accordance with the Norwegian Right of Withdrawal Act.

The buyer must notify the seller that they are exercising the right of withdrawal within 14 days from the date the withdrawal period begins. All calendar days are included in the period. If the period ends on a Saturday, public holiday or other official holiday, it is extended to the next business day.

The withdrawal period is deemed to have been met if notice is sent before it expires. The buyer bears the burden of proving that the right of withdrawal was exercised, so notice should be given in writing using the standard withdrawal form, email or letter.

The withdrawal period begins:

  • For a purchase of individual goods, on the day after the goods are received.
  • For a subscription, or where the agreement provides for regular delivery of identical goods, on the day after the first shipment is received.
  • Where the purchase consists of several deliveries, on the day after the final delivery is received.

The withdrawal period is extended to 12 months after the original period expires if, before the agreement is entered into, the seller does not inform the buyer of the right of withdrawal and provide the standard withdrawal form. The same applies if information about the conditions, time limits and procedure for exercising the right of withdrawal is not provided. If the trader provides the information during those 12 months, the withdrawal period will nevertheless expire 14 days after the buyer receives the information.

When exercising the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days after notice of the exercise of that right is given. The buyer bears the direct cost of returning the goods unless otherwise agreed or the seller failed to inform the buyer that the buyer would bear the return costs. The seller may not charge a fee for the buyer's exercise of the right of withdrawal.

The buyer may inspect or test the goods in a reasonable manner to establish their nature, characteristics and function without losing the right of withdrawal. If the inspection or testing goes beyond what is reasonable and necessary, the buyer may be liable for any reduction in the value of the goods.

The seller must refund the purchase price to the buyer without undue delay and no later than 14 days after receiving notice of the buyer's decision to exercise the right of withdrawal. The seller may withhold the refund until the goods have been received from the buyer or the buyer has provided evidence that the goods have been sent back.

9. Delay and Non-delivery – the Buyer's Rights and Time Limit for Making a Claim

If the seller does not deliver the goods, or delivers them late under the agreement between the parties, and this is not due to the buyer or circumstances on the buyer's side, the buyer may, depending on the circumstances and in accordance with Chapter 5 of the Norwegian Consumer Purchases Act, withhold the purchase price, require performance, terminate the agreement and/or claim damages from the seller.

When seeking remedies for breach, notice should be given in writing, for example by email, for evidentiary purposes.

Performance

The buyer may uphold the purchase and require performance by the seller. However, the buyer cannot require performance if there is an obstacle the seller cannot overcome, or if performance would cause the seller such substantial inconvenience or expense that it would be materially disproportionate to the buyer's interest in the seller performing. If the obstacle ceases within a reasonable time, the buyer may nevertheless require performance.

The buyer loses the right to require performance if they wait an unreasonably long time before making the claim.

Termination

If the seller does not deliver the goods at the agreed delivery time, the buyer must request that the seller deliver within a reasonable additional period for performance. If the seller does not deliver the goods within that additional period, the buyer may terminate the purchase.

However, the buyer may terminate the purchase immediately if the seller refuses to deliver the goods. The same applies if delivery at the agreed time was essential to entering into the agreement, or if the buyer informed the seller that the delivery time was essential.

If the goods are delivered after the additional period set by the consumer, or after a delivery time that was essential to entering into the agreement, a claim to terminate must be made within a reasonable time after the buyer becomes aware of the delivery.

Damages

The buyer may claim damages for loss suffered as a result of the delay. This does not apply if the seller proves that the delay was caused by an obstacle beyond the seller's control that could not reasonably have been taken into account when the agreement was entered into, or whose consequences could not reasonably have been avoided or overcome.

10. Defects in the Goods – the Buyer's Rights and Time Limit for Making a Claim

If the goods are defective, the buyer must, within a reasonable time after the defect was discovered or ought to have been discovered, notify the seller that they intend to rely on the defect. The buyer's notice will always be timely if it is given within 2 months after the defect was discovered or ought to have been discovered. A claim may be made no later than two years after the buyer took possession of the goods. If the goods or any part of them are intended to last substantially longer than two years, the time limit is five years.

If the goods are defective and this is not due to the buyer or circumstances on the buyer's side, the buyer may, depending on the circumstances and in accordance with Chapter 6 of the Norwegian Consumer Purchases Act, withhold the purchase price, choose between repair and replacement, require a price reduction, terminate the agreement and/or claim damages  from the seller.

A claim to the seller should be made in writing.

Repair or Replacement

The buyer may choose between requiring the defect to be repaired or receiving equivalent replacement goods. However, the seller may oppose the buyer's chosen remedy if carrying it out is impossible or would cause the seller unreasonable costs. Repair or replacement must be completed within a reasonable time. As a general rule, the seller is not entitled to make more than two attempts to remedy the same defect.

Price Reduction

The buyer may claim an appropriate price reduction if the goods are not repaired or replaced. This means that the ratio between the reduced price and the agreed price must correspond to the ratio between the value of the goods in their defective condition and their value in the condition required by the agreement. If special reasons justify it, the price reduction may instead be set according to the significance of the defect to the buyer.

Termination

If the goods are not repaired or replaced, the buyer may also terminate the purchase where the defect is not insignificant.

11. The Seller's Rights in the Event of the Buyer's Breach

If the buyer does not pay or fulfil their 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, depending on the circumstances and in accordance with Chapter 9 of the Norwegian Consumer Purchases Act, withhold the goods, require performance of the agreement, require the agreement to be terminated and claim damages from the buyer. Depending on the circumstances, the seller may also claim interest on late payment and debt collection fees and a reasonable fee for uncollected goods.

Performance

The seller may uphold the purchase and require the buyer to pay the purchase price. If the goods have not been delivered, the seller loses this right if the seller waits an unreasonably long time before making the claim.

Termination

The seller may terminate the agreement if the buyer commits a material payment default or another material breach. However, the seller cannot terminate the agreement if the full purchase price has been paid. If the seller sets a reasonable additional period for performance and the buyer does not pay within that period, the seller may terminate the purchase.

Interest on Late Payment/Debt Collection Fees

If the buyer does not pay the purchase price in accordance with the agreement, the seller may charge interest on the purchase price under the Norwegian Late Payment Interest Act. If payment is not made, the claim may, following prior notice, be referred for debt collection. The buyer may then be held liable for fees under the Norwegian Debt Collection Act.

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. The fee must not exceed 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.

12. Guarantee

A guarantee provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A guarantee therefore does not limit the buyer's right to make a claim or seek remedies for delay or defects under sections 9 and 10.

13. Personal Data

The seller is the controller responsible for the personal data collected. Unless the buyer consents otherwise, the seller may, in accordance with the Norwegian Personal Data Act, collect and retain only the personal data necessary for the seller to perform its obligations under the agreement. The buyer's personal data will be disclosed to others only where necessary for the seller to perform the agreement with the buyer, or where required by law.

14. Dispute Resolution

Complaints must be submitted to the seller within a reasonable time; see sections 9 and 10. The parties must attempt to resolve any dispute amicably. If this is unsuccessful, the buyer may contact the Norwegian Consumer Authority (Forbrukertilsynet) for mediation. Forbrukertilsynet can be reached by telephone on 23 400 600 or at www.forbrukertilsynet.no.

The European Commission's online dispute resolution portal may also be used if you wish to submit a complaint. This is particularly relevant if you are a consumer residing in another EU country. Complaints can be submitted here: http://ec.europa.eu/odr.