Terms and Conditions of Purchase
Introduction
This purchase is governed by the standard sales conditions below for consumer purchases of goods over the Internet. Consumer purchases over the Internet are primarily regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Withdrawal Act, and the E-commerce Act, and these laws provide the consumer with inalienable rights. The laws are available at www.lovdata.no. The terms of this agreement shall not be understood as a limitation of statutory rights but set out the parties' main rights and obligations for the transaction.
1. The Agreement
The agreement consists of these sales conditions, information provided in the order solution, and any specifically agreed terms. In the event of a conflict between the information, what has been specifically agreed between the parties takes precedence, unless it conflicts with mandatory legislation.
The agreement will also be supplemented by relevant legal provisions regulating the purchase of goods between businesses and consumers.
2. The Parties
Zensykkel.no is Bikepacker AS, Grefsenveien 58, 0487 OSLO, post@zensykkel.no, Org. No. 925221678, and is hereinafter referred to as zensykkel.no.
The buyer is the consumer who places the order and is hereinafter referred to as the buyer/purchaser.
3. Price
The stated price for the goods and services is the total price the buyer must pay. This price includes all fees and additional costs unless otherwise clearly described on the product page. Examples where additional costs may occur are products that are manufactured to order and sent from abroad. The buyer then risks having to pay VAT and customs duties on the given goods. The buyer shall not bear additional costs that zensykkel.no has not informed about before the purchase.
4. Conclusion of Contract
The agreement is binding for both parties when the buyer has sent their order to zensykkel.no.
However, the agreement is not binding if there have been writing or typing errors in the offer from zensykkel.no in the online store's ordering solution or in the buyer's order, and the other party realized or should have realized that such an error existed.
5. Payment
zensykkel.no may demand payment for the goods from the time the order is processed at zensykkel.no.
zensykkel.no may demand payment for pre-orders and orders made during periods when the store and warehouse are closed.
If the buyer uses a credit card or debit card for payment, zensykkel.no may reserve the purchase amount on the card upon ordering. The card will be charged on the same day the order is processed.
For invoice payments, the buyer's invoice will be issued upon shipment of the goods. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt.
Buyers under 18 years of age cannot pay by subsequent invoice.
6.1. Delivery
Delivery has occurred when the buyer, or the buyer's representative, has taken possession of the goods.
If the delivery time is not specified in the ordering solution, zensykkel.no 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 in accordance with the buyer's chosen shipping solution, unless otherwise specifically agreed between the parties.
6.2 Inventory Errors
We reserve the right to cancel items if the inventory was incorrect when we received your order. If an out-of-stock item is part of a larger order, the available items will be shipped as normal.
If an inventory error only applies to one product, your order will be cancelled immediately. We will inform you of the error and refund your money as soon as possible.
7. Risk for the Goods
The risk for the goods passes to the buyer when he, or his representative, has received the goods in accordance with point 6.
8. Right of Withdrawal and Returns
For returns and rights of withdrawal, the buyer must use the "Return and Right of Withdrawal Form" which can be downloaded and printed via email for the Delivery Confirmation. The buyer is responsible for ensuring that the email address used for purchases at zensykkel.no is correct and that emails from zensykkel.no can be received. If the email with the "Return and Right of Withdrawal Form" is not found, please check the junk mail or spam folder, or contact post@zensykkel.no.
When exercising the right of withdrawal for custom-ordered goods, pre-ordered goods, or goods we do not normally stock, the buyer will be responsible for paying all costs associated with ordering the item. These may include shipping costs to and from Norway or abroad, import and customs duties, and administrative costs associated with the transaction.
Return Information
zensykkel.no offers 30-day returns on unused items.
The buyer must cover the return costs for products purchased from us when exercising the right of withdrawal and exchange.
The buyer is responsible for the return shipment until we receive it.
If you are returning or exchanging an item, it must be unused, in its original packaging, without signs of wear, with all tags attached with original solutions.
8.1 Information on 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 Right of Withdrawal Act.
The buyer must notify zensykkel.no of the exercise of the right of withdrawal within 14 days from the date the deadline begins to run. All calendar days are included in the deadline. If the deadline ends on a Saturday, public holiday, or national holiday, the deadline is extended to the nearest working day.
The withdrawal period is considered to have been observed if notification is sent before the expiry of the period. The buyer bears the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be in writing (right of withdrawal form, email, or letter).
The withdrawal period begins to run:
For the purchase of individual goods, the withdrawal period will run from the day after the goods are received.
If a subscription is sold, or 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 multiple 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 zensykkel.no does not inform of the right of withdrawal and withdrawal form before the agreement is concluded. The same applies in case of lack of information about the terms, deadlines, and procedure for exercising the right of withdrawal. If the trader provides the information within these 12 months, the withdrawal period nevertheless expires 14 days after the day the buyer received the information.
When exercising the right of withdrawal, the goods must be returned to zensykkel.no without undue delay and no later than 14 days from the notification of the exercise of the right of withdrawal. The buyer covers the direct costs of returning the goods.
To receive a refund when exercising the right of withdrawal, the item must be in the same condition as when you received it, in its original packaging, with tags, and without visible signs of use. The item must be saleable as new. If the original packaging is damaged, the item will be considered used, and an assessment of value reduction will be made. If the item has visible signs of use, the return will not be approved and will be sent back.
zensykkel.no is obliged to refund the purchase price to the buyer without undue delay, and no later than 14 days from the time zensykkel.no received notification of the buyer's decision to exercise the right of withdrawal. zensykkel.no has the right to withhold payment until it has received the goods from the buyer.
9. Delay and Non-Delivery - Buyer's Rights and Deadline for Claim Notification
If zensykkel.no does not deliver the goods or delivers them too 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 Purchases Act, depending on the circumstances, withhold the purchase price, demand fulfillment, cancel the agreement, and/or claim compensation from zensykkel.no.
In case of claims for breach of contract, the notification should be in writing for evidentiary purposes (e.g., email).
10. Performance
The buyer may uphold the purchase and demand performance from zensykkel.no. However, the buyer cannot demand performance if there is an impediment that zensykkel.no cannot overcome, or if performance would entail such a disproportionate inconvenience or cost for zensykkel.no that it is significantly out of proportion to the buyer's interest in zensykkel.no performing. Should the difficulties disappear within a reasonable time, the buyer may nevertheless demand performance.
The buyer loses their right to demand performance if they wait an unreasonably long time to make the claim.
11. Cancellation
If zensykkel.no does not deliver the goods at the time of delivery, the buyer shall urge zensykkel.no to deliver within a reasonable additional period for performance. If zensykkel.no does not deliver the goods within the additional period, the buyer may cancel the purchase.
However, the buyer may cancel the purchase immediately if zensykkel.no refuses to deliver the goods. The same applies if delivery at the agreed time was crucial for the conclusion of the agreement, or if the buyer has informed zensykkel.no that the delivery time is crucial.
If the item is delivered after the additional period set by the consumer or after the delivery time that was crucial for the conclusion of the agreement, the claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.
12. Compensation
The buyer may claim compensation for suffered loss as a result of the delay. However, this does not apply if zensykkel.no proves that the delay is due to an impediment beyond zensykkel.no's control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome its consequences.
13. Defect in the Goods - Buyer's Rights and Complaint Period
If there is a defect in the goods, the buyer must, within a reasonable time after it was discovered or should have been discovered, notify zensykkel.no that he or she will claim the defect. The buyer has always complained in time if it happens within 2 months from when the defect was 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 Purchases Act, depending on the circumstances, withhold the purchase price, choose between rectification and redelivery, demand a price reduction, demand the agreement cancelled, and/or claim compensation from zensykkel.no.
Complaints to zensykkel.no must be made in writing.
14. Rectification or Redelivery
The buyer may choose between demanding the defect rectified or delivery of a similar item. However, zensykkel.no may object to the buyer's demand if the fulfillment of the demand is impossible or causes zensykkel.no unreasonable costs. Rectification or redelivery shall be carried out within a reasonable time. zensykkel.no is generally not entitled to attempt to remedy the same defect more than twice.
15. Price Reduction
The buyer may demand an appropriate price reduction if the goods are not rectified or redelivered. This implies that the relationship between the reduced and agreed price corresponds to the relationship between the value of the item in defective and contractually conforming condition. If there are special reasons for it, the price reduction may instead be set equal to the significance of the defect for the buyer.
16. zensykkel.no's Rights in Case of Buyer's Breach
If the buyer does not pay or fulfill the other obligations under the agreement or law, and this is not due to zensykkel.no or circumstances on zensykkel.no's side, zensykkel.no may, in accordance with the rules in Chapter 9 of the Consumer Purchases Act, depending on the circumstances, withhold the goods, demand fulfillment of the agreement, demand the agreement cancelled, and claim compensation from the buyer. zensykkel.no may also, depending on the circumstances, claim interest in case of delayed payment, collection fees, and a reasonable fee for unclaimed goods.
17. Performance
zensykkel.no can uphold the purchase and demand that the buyer pays the purchase price. If the goods have not been delivered, zensykkel.no loses its right if it waits an unreasonably long time to make the claim.
17.1 Cancellation
zensykkel.no may cancel the agreement if there is a significant payment default or other significant breach on the part of the buyer. However, zensykkel.no cannot cancel if the entire purchase price has been paid. If zensykkel.no sets a reasonable additional deadline for performance and the buyer does not pay within this deadline, zensykkel.no may cancel the purchase.
18. Interest on Delayed Payment/Collection Fees
If the buyer does not pay the purchase price in accordance with the agreement, zensykkel.no may demand interest on the purchase price in accordance with the Act on Interest on Overdue Payments. In case of non-payment, the claim, after prior notice, may be sent for collection. The buyer may then be held responsible for fees under the Collection Act.
19. Fee for Unclaimed Non-Prepaid Goods
If the buyer fails to collect unpaid goods, zensykkel.no may charge the buyer a fee. The fee shall maximally cover zensykkel.no's actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age.
20. Warranty
A warranty provided by zensykkel.no or the manufacturer grants the buyer rights in addition to those the buyer already has under mandatory legislation.
21. Personal Data
The data controller for collected personal data is zensykkel.no. Unless the buyer agrees otherwise, zensykkel.no may, in accordance with the Personal Data Act, only collect and store personal data that is necessary for zensykkel.no to fulfill its obligations under the agreement. The buyer's personal data will only be disclosed to others if it is necessary for zensykkel.no to fulfill the agreement with the buyer, or in cases stipulated by law.
22. Dispute Resolution
Complaints should be directed to zensykkel.no within a reasonable time, cf. points 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is not successful, the buyer may contact the Consumer Council for mediation. The Consumer Council is available by phone at 23 400 500 or at www.forbrukerradet.no.
The European Commission's complaint portal can also be used if you wish to file a complaint. This is particularly relevant if you are a consumer residing in another EU country. The complaint can be submitted here: http://ec.europa.eu/odr.