Introduction
This purchase is regulated by the standard terms and conditions of sale below for consumer purchases of goods over the Internet. Consumer purchases over the internet are mainly 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 in this agreement shall not be understood as a limitation of the statutory rights but set out the parties' main rights and obligations for the transaction.
The terms of sale have been prepared and recommended by the Consumer Ombudsman. For a better understanding of these terms of sale, see the Consumer Ombudsman's guide here.
- The Agreement
The agreement consists of these terms of sale, information provided in the ordering solution, and any specifically agreed terms. In case of any conflict between the information, what has been specifically agreed between the parties takes precedence, provided that it does not conflict with mandatory legislation.
The agreement will also be supplemented by relevant legal provisions regulating the purchase of goods between businesses and consumers.
- The Parties
The seller is
Typica AS
Enebakkveien 117
0680 Oslo
butikk@kaffa.no
tel: +47 22192090
org. no: 991045287MVA
and is hereinafter referred to as the seller.
The buyer is the consumer or business that places the order, and is hereinafter referred to as the buyer.
- Price
The stated price for the goods and services is the total price the buyer shall pay. This price includes all taxes and additional costs. The buyer shall not bear any additional costs that the seller has not informed them about before the purchase.
- Formation of contract
The agreement is binding for both parties when the buyer has sent their order to the seller.
However, the agreement is not binding if there has been a typing or printing error in the offer from the seller 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.
- Payment
The seller may demand payment for the item from the time it is sent from the seller to the buyer.
If the buyer uses a credit card or debit card for payment, the seller may reserve the purchase amount on the card upon ordering.
If payment is made with PayPal, the payment is debited by PayPal when the customer confirms the purchase.
- Delivery
Delivery has occurred when the buyer, or their representative, has taken possession of the item.
Unless a delivery time is stated in the ordering solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the order from the customer. The item shall be delivered to the buyer unless otherwise specifically agreed between the parties. In case of delays in deliveries to the warehouse that may result in delivery times exceeding 30 days, the seller will communicate this to the customer.
Goods are normally sent 5 times a week (Monday-Friday).
Small packages (Package in Mailbox) are attempted to be delivered to the mailbox. If the package does not fit in the opening, the package can be delivered in a bag on the door (you will then receive a message about it) or left at the post office/post office in store for collection.
Unclaimed shipments/attempted deliveries that are returned to the seller will be credited with a deduction for shipping costs. If the customer wishes the goods to be sent again, new shipping will be charged.
When goods are ordered and the customer chooses to pick up the goods, the customer will be informed when the goods are ready for collection.
- Subscription
Coffee subscriptions are ongoing until cancelled by the customer.
- Risk for the item
The risk for the item passes to the buyer when they, or their representative, have received the goods in accordance with point 6.
- Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may cancel the purchase of the item in accordance with the Right of Withdrawal Act.
The buyer must notify the seller of the use of the right of withdrawal within 14 days from when the deadline begins to run. All calendar days are included in the deadline. If the deadline ends on a Saturday, public holiday or festive day, the deadline is extended to the next working day.
The withdrawal period is considered 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 made in writing (withdrawal form, e-mail or letter).
The withdrawal period begins to run:
- For purchases of single items, the withdrawal period will run from the day after the item(s) are delivered.
- If a subscription is sold, or the agreement involves regular delivery of identical goods, the period runs from the day after the first shipment is delivered.
- If the purchase consists of several deliveries, the withdrawal period will run from the day after the last delivery is delivered.
The right of withdrawal is extended to 12 months after the expiry of the original period if the seller does not, before entering into the agreement, inform about the right of withdrawal and a standardized withdrawal form. The same applies if there is a lack of information about the conditions, deadlines and procedure for exercising the right of withdrawal. If the trader provides the information within these 12 months, the withdrawal period still expires 14 days after the day the buyer received the information.
When exercising the right of withdrawal, the item must be returned to the seller 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 item, unless otherwise agreed or the seller has failed to inform that the buyer must cover the return costs. The seller cannot charge a fee for the buyer's use of the right of withdrawal.
The buyer may try or test the item in a proper manner to ascertain the nature, characteristics and function of the item, without the right of withdrawal lapsing. If testing or examining the item goes beyond what is proper and necessary, the buyer may be liable for any reduced value of the item.
The seller is obliged to refund the purchase price to the buyer without undue delay, and no later than 14 days from the seller receiving notification of the buyer's decision to exercise the right of withdrawal. The seller has the right to withhold payment until they have received the goods from the buyer, or until the buyer has provided documentation that the goods have been sent back.
- Delay and non-delivery – buyer's rights and deadline for reporting claims
If the seller does not deliver the item or delivers it 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 performance, cancel the agreement and/or claim compensation from the seller.
In case of claims for breach of contract, the notification should be in writing for evidentiary reasons (e.g., email).
Performance
The buyer can uphold the purchase and demand performance from the seller. However, the buyer cannot demand performance if there is an obstacle that the seller cannot overcome, or if performance would entail such a significant disadvantage or cost for the seller that it is in essential disproportion to the buyer's interest in the seller performing. Should the difficulties disappear within a reasonable time, the buyer can still demand performance.
The buyer loses their right to demand performance if they wait an unreasonably long time to make the claim.
Cancellation
If the seller does not deliver the item at the time of delivery, the buyer shall urge the seller to deliver within a reasonable additional period for performance. If the seller does not deliver the item within the additional period, the buyer may cancel the purchase.
However, the buyer can cancel the purchase immediately if the seller refuses to deliver the item. The same applies if delivery at the agreed time was crucial for the conclusion of the agreement, or if the buyer has informed the seller that the delivery time is crucial.
If the item is delivered after the additional deadline set by the consumer or after the delivery time that was crucial for the conclusion of the agreement, a claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.
Compensation
The buyer may claim compensation for direct loss suffered as a result of the delay. However, this does not apply if the seller proves that the delay is due to an obstacle beyond the seller's control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome the consequences of.
- Defect in the item – buyer's rights and complaint deadline
If there is a defect in the item, the buyer must, within a reasonable time after it was discovered or should have been discovered, notify the seller that he or she wishes to invoke 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 over the item. If the item or parts of it are intended to last significantly longer than two years, the complaint period is five years.
If the item has 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 cancellation of the agreement and/or claim compensation from the seller.
Complaints to the seller should be in writing.
Unless otherwise agreed, products are sold to business customers with a 12-month warranty period for faults/defects.
Warranty
Any warranty applicable to the products will follow the manufacturer's established warranty conditions. The seller provides no separate warranty to its customers for the products.
Rectification or redelivery
The buyer may choose between demanding that the defect be rectified or that a corresponding item be delivered. However, the seller may object to the buyer's demand if carrying out the demand is impossible or causes the seller unreasonable costs. Rectification or redelivery shall be carried out within a reasonable time. The seller is generally not entitled to make more than two attempts at remediation for the same defect.
Price reduction
The buyer may demand a proportionate price reduction if the item is not rectified or redelivered. This means that the ratio between the reduced and agreed price corresponds to the ratio between the item's value in a defective and contractual 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.
Cancellation
If the item is not rectified or redelivered, the buyer may also cancel the purchase if the defect is not insignificant.
- Seller's rights in case of buyer's default
If the buyer does not pay or fulfill their other obligations under the agreement or law, and this is not due to the seller or circumstances on the seller's side, the seller may, in accordance with the rules in Chapter 9 of the Consumer Purchases Act, depending on the circumstances, withhold the item, demand performance of the agreement, demand the agreement be cancelled , and claim compensation from the buyer. The seller may also, depending on the circumstances, claim interest for delayed payment, collection fees , and a reasonable fee for unclaimed goods.
Performance
The seller can uphold the purchase and demand that the buyer pays the purchase price. If the item has not been delivered, the seller loses their right if they wait an unreasonably long time to make the claim.
Cancellation
The seller may cancel the agreement if there is a significant payment default or other significant default on the part of the buyer. However, the seller cannot cancel if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for performance and the buyer does not pay within this deadline, the seller may cancel the purchase.
Interest for delayed 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 Interest on Overdue Payments Act. In case of non-payment, the claim may, after prior notice, be sent to the buyer. The buyer may then be held responsible for fees under the Debt Collection Act.
Fee for unclaimed non-prepaid goods
If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee shall at most cover the seller's actual expenses for delivering the item to the buyer. Such a fee cannot be charged to buyers under 18 years of age.
- Warranty
Any warranty provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A warranty therefore does not entail any limitations on the buyer's right to complain and claim in case of delay or defects under points 9 and 10.
- Personal data
The seller is responsible for the collected personal data. Unless the buyer agrees 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 it is necessary for the seller to fulfill the agreement with the buyer, or in cases stipulated by law.
- Dispute Resolution
Complaints should be directed to the seller 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 can contact the Norwegian Consumer Council for mediation. The Consumer Council can be reached by phone at 23400500 or at www.forbrukerradet.no.
