Terms of purchase and returns

This purchase is regulated by the standard terms and conditions for consumer purchases of services and goods over the internet. In this context, consumer purchases include the rental of accommodation, boats, kayaks and sup-boards, as well as the sale of products such as fish and firewood.

The contract has been drawn up and recommended for use by the Norwegian Consumer Agency. Consumer purchases over the Internet are mainly regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Cancellation Act and the E-Commerce Act, and these laws give consumers inalienable rights. The terms of the contract should not be understood as any limitation of the statutory rights, but set out the most important rights and obligations for the parties to the transaction.

See more at the Norwegian Consumer Authority here: Forbrukertilsynet.no

1. The agreement

The agreement between the buyer and the seller includes the information the seller provides about the purchase through the ordering process on the website (including information about the nature of the goods, quantity, other characteristics, price and terms of delivery), as well as any direct communication between the parties (such as e-mail) and these terms of sale. In the event of a conflict between the information the seller has provided about the purchase in the ordering process in the online store, direct communication between the parties and the terms in the terms and conditions, direct communication between the parties and the information provided in the ordering process will take precedence over the terms and conditions, unless it contradicts binding legislation.

 

2. Partane

Seller:

  • Company name: Kjøsnes Feriehytter

  • Legal name: Nils-Einar Kjønses

  • Address: Nils Einar Kjøsnes, 6843 Skei, Norway

  • E-mail: mail@kjosnes.no

  • Organization number: 974 391 228

The buyer is the person who places the order.

3. Prisar

The price quoted for goods and services is the total price payable by the buyer. This price includes all taxes and additional costs. Any additional costs that the seller has not informed the buyer of prior to the purchase shall not be imposed on the buyer.

 

4. Conclusion of the agreement

The agreement becomes binding for both parties when the buyer has sent their order to the seller. However, the agreement will not be binding if there has been a clerical or typing error in the offer from the seller in the ordering solution on the online store or in the buyer's order, and the other party realized or should have realized that it was such an error.

 

5. Payment

The Seller may demand payment for the product/service from the time it is sent from the Seller to the Buyer, or the Buyer starts using the service.

When paying by Vipps, credit card or debit card, the seller can reserve the purchase price when booking. The card will be charged on the same day that the item is sent or the booking is completed.

When paying by invoice, the invoice is sent to the buyer via Klarna. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt. Buyers under the age of 18 cannot pay by subsequent invoice.

6. Delivery

Rebooking, changes or cancellations must be made within 14 days of arrival.  

7. 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 Cancellation Act.

The buyer must notify the seller of use of the right of withdrawal within 14 days of the deadline starting to run. All calendar days are included in the deadline. 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 withdrawal period is extended to 12 months after the expiry of the original deadline if the seller has not provided information about the right of withdrawal and a standardized withdrawal form before entering into the contract. The same applies to inadequate information about terms, deadlines and procedures for exercising the right of withdrawal. If the seller provides this information during these 12 months, the withdrawal period still expires 14 days after the buyer has 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 shall cover 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 charge the buyer a fee for using the right of withdrawal.

The seller is obliged to repay the purchase price to the buyer without undue delay, and no later than 14 days from the time the seller was notified that the buyer wishes to exercise the right of withdrawal. The seller has the right to withhold payment until the seller has received the goods from the buyer, or until the buyer has presented documentation that the goods have been returned. If you have any questions about the right of withdrawal, you can contact us at mail@kjosnes.no.

8. Delay and non-delivery - the buyer's rights and deadline for notifying claims

If the seller fails to deliver the goods, or delivers them too late in accordance with the agreement between the parties, and it is not the buyer or circumstances on the buyer's side that are to blame for this, the buyer may, in accordance with the rules in the chapter of the Consumer Sales Act § 5, depending on the circumstances, withhold the purchase price, demand fulfillment, terminate the agreement and/or claim compensation from the seller. In the event of a claim for breach of contract, the notification should, for evidential reasons, be in writing (e.g. e-mail).

Filling

The buyer may retain 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 a great inconvenience or cost for the seller that it is significantly disproportionate to the buyer's interest in the seller's performance. Should the difficulties disappear within a reasonable time, the buyer may still demand performance. The buyer loses his right to demand performance if he waits an unreasonably long time to make the claim.

 

Lifting

If the seller does not deliver the goods at the agreed time, the buyer shall request the seller to deliver within a reasonable additional deadline. 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 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 losses incurred as a result of the delay. However, this does not apply if the Seller can document that the delay is due to an obstacle beyond the Seller's control that could not have been taken into account at the time of the agreement, avoided or overcome.

  

9. Defects in goods - rights and complaint deadline for the buyer

If the goods have a defect, the buyer must notify the seller within a reasonable time after it was discovered or should have been discovered that he or she will claim the defect. The buyer has always complained in time if it happens within 2 months from 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 Sales 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 should be made in writing, new e-mail mail@kjosnes.no.

 

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 would cause the Seller unreasonable costs. Rectification or replacement shall be carried out within a reasonable time. In principle, the seller is not entitled to make more than two attempts to rectify the same defect. 

Lifting

If the goods have not been rectified or replaced, the buyer may also cancel the purchase if the defect is not insignificant.

 

10. The seller's rights in the event of the buyer's non-compliance

If the buyer does not pay or fulfill the rest of the obligations under the agreement or the law, and neither the seller nor circumstances on the seller's side are to blame for this, the seller may, in accordance with the rules in Chapter 9 of the Consumer Sales Act, withhold goods, demand performance of the agreement, demand termination of the agreement and claim compensation from the buyer. The seller will also, depending on the circumstances, be able to claim interest for late payment, collection fees and a reasonable fee for goods that are not collected.

 

Filling

  • The seller can hold on to the purchase and demand that the buyer pays the purchase price. If the goods are not delivered, the seller loses this right if he waits an unreasonably long time to make the claim.

 

Lifting

  • The seller may terminate the agreement if there is a significant payment default or other significant default on the part of 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 does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price in accordance with the Late Payment Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to the buyer. The buyer may then be held liable for fees under the Debt Collection Act.

 

Fee for uncollected non-prepaid goods

  • If the buyer does not collect unpaid goods, the seller may charge the buyer a fee. The fee shall cover a maximum of the seller's actual expenses for delivering the goods to the buyer. Buyers under the age of 18 may not be charged such a fee.

  

11. Guarantee

A guarantee given by the seller or manufacturer gives the buyer rights in addition to the rights the buyer already has under mandatory legislation. A guarantee thus does not entail any limitations on the buyer's right to complaints and claims in the event of delays or defects under sections 6 and 7.

 

12. 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 this is necessary for the seller to complete the agreement with the buyer, or in statutory cases.

If you have questions about personal data related to you, or wish to make use of your rights to correction or deletion under the Personal Data Act, you can send an e-mail to mail@kjosnes.no.

  

13. Conflict resolution

Complaints will be addressed to the seller within a reasonable time, cf. Sections 6 and 7. The parties shall attempt to resolve any disputes amicably. If this does not succeed, the buyer may contact the Norwegian Consumer Council for mediation. The Norwegian Consumer Council can be contacted by telephone on 23 400 500 or at www.forbrukerradet.no.