Terms and Conditions of Sale
Introduction
This purchase is governed by the standard terms and conditions for consumer purchases of goods over the Internet set out below. Consumer purchases over the internet are mainly regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act, and the Electronic Commerce Act. These laws provide consumers with non-derogable rights. The laws are available at www.lovdata.no. These terms shall not be interpreted as limiting statutory rights, but rather set out the main rights and obligations of the parties.
These terms are prepared and recommended by the Norwegian Consumer Authority (Forbrukertilsynet). For a better understanding, see their guidance.
The Agreement
The agreement consists of these terms and conditions, information provided in the ordering solution, and any separately agreed terms. In case of conflict, individually agreed terms prevail, provided they do not conflict with mandatory law.
The agreement is supplemented by relevant laws governing sales between businesses and consumers.
The Parties
The seller is Johannes Nermo, Kongsvegen 5, 2636 Øyer, Norway, johannes@nermo.no, tel. +47 61 27 55 80, Org. no. 980 389 065, hereinafter referred to as the seller.
The buyer is the consumer placing the order, hereinafter referred to as the buyer.
Price
The stated price for goods and services is the total price the buyer must pay, including all taxes and additional costs. Any additional costs not disclosed before purchase shall not be borne by the buyer.
Formation of Agreement
The agreement is binding for both parties when the buyer has submitted the order.
However, the agreement is not binding if there has been a typing or input error in the seller’s offer or the buyer’s order, and the other party realized or should have realized the error.
Payment
The seller may require payment from the time the goods are dispatched.
If paying by card, the amount may be reserved at order time and charged upon dispatch.
For invoice payments, the invoice is issued upon dispatch, with a minimum payment deadline of 14 days.
Buyers under 18 cannot pay by invoice after delivery.
Delivery
Delivery occurs when the buyer (or representative) receives the goods.
Pickup location and delivery time are stated in the ordering solution. All goods must be collected at Nermo Hotel, Nermosvegen 56, 2636 Øyer, Norway.
Risk
Risk passes to the buyer upon delivery.
Right of Withdrawal
There is no right of withdrawal for food products. See forbrukerradet.no for more information.
Delay and Non-Delivery
If the seller fails to deliver, the buyer may (under the Consumer Purchases Act) withhold payment, demand fulfilment, cancel the purchase, and/or claim compensation.
Claims should be made in writing.
Fulfilment
The buyer may demand fulfilment unless there is an obstacle the seller cannot overcome or if fulfilment is disproportionately burdensome.
Cancellation (Termination)
The buyer may cancel the purchase after granting a reasonable additional deadline if delivery does not occur.
Compensation
The buyer may claim damages unless the delay is due to circumstances beyond the seller’s control.
Defects
Complaints must be made within a reasonable time and no later than 2 months after discovery. Absolute deadline is 2 years (5 years if expected lifespan is longer).
The buyer may demand repair, replacement, price reduction, cancellation, or compensation.
Remedies
The buyer may choose repair or replacement unless it is impossible or disproportionately costly.
Price Reduction
A proportional price reduction may be requested if repair/replacement is not carried out.
Seller’s Rights in Case of Buyer Default
The seller may withhold delivery, demand payment, cancel the agreement, and claim compensation.
Interest and collection fees may apply for late payment.
Uncollected Goods
A fee may be charged for uncollected goods reflecting actual costs.
Warranty
A warranty provides rights in addition to statutory rights and does not limit the buyer’s right to claims under law.
Personal Data
The seller is responsible for processing personal data and will only collect what is necessary to fulfil the agreement.
Dispute Resolution
Complaints should be addressed to the seller within a reasonable time. Parties should attempt to resolve disputes amicably. If unsuccessful, the Norwegian Consumer Council may be contacted. EU/EEA consumers may also use the EU online dispute platform.