TERMS OF SALE

Introduction
This purchase is governed by the standard terms and conditions of sale for consumer purchases of goods over the Internet below. Consumer purchases over the Internet are primarily regulated by the Contract Act, the Consumer Purchase Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act, which provide the consumer with non-derogable rights. These laws are available at www.lovdata.no. The terms of this agreement shall not be construed as limiting statutory rights but set out the main rights and obligations of the parties for the transaction.
The sales terms are prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these sales terms, see the Norwegian Consumer Authority’s guide here.

1. Agreement
   The agreement consists of these sales terms, information provided in the ordering system, and any specially agreed terms. In case of conflict between the information, any special agreement between the parties shall prevail, provided it does not conflict with mandatory legislation.
   The agreement will also be supplemented by relevant statutory provisions regulating the purchase of goods between traders and consumers.

2. Parties
   The seller is [The Umi Company], [Skredderveien 10, 1537 Moss Norway], [support@theumicompany.com], [+47 40 63 25 04], [935081327], hereinafter referred to as seller/seller.
   The buyer is the consumer placing the order, hereinafter referred to as buyer/buyer.

3. 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. Additional costs not disclosed by the seller before purchase shall not be borne by the buyer.

4. Conclusion of the Agreement
   The agreement is binding on both parties when the buyer has sent the order to the seller.
   The agreement is not binding if there has been a typing or input error in the seller’s offer in the online store’s ordering system or in the buyer’s order, and the other party knew or should have known of such an error.

5. Payment
   The seller may demand payment for the goods from the time it is shipped from the seller to the buyer.
   If the buyer uses a credit or debit card for payment, the seller may reserve the purchase amount on the card upon ordering. The card will be charged on the same day the goods are shipped.
   When paying by invoice, the invoice will be issued to the buyer at the time of shipment. The payment deadline is stated on the invoice and is at least 14 days from receipt.
   Buyers under 18 years may not pay by invoice.

6. Delivery
   Delivery is considered completed when the buyer, or the buyer’s representative, has received the goods.
   If no delivery date is specified in the ordering system, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the customer’s order. The goods shall be delivered to the buyer unless otherwise specifically agreed by the parties.

7. Risk of the Goods
   The risk of the goods passes to the buyer when he 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 cancel the purchase in accordance with the Right of Withdrawal Act.
   The buyer must notify the seller of exercise of the right of withdrawal within 14 days from when the deadline starts. All calendar days are included. If the deadline ends on a Saturday, public holiday, or holiday, the deadline is extended to the next weekday.
   The withdrawal deadline is deemed met if notification is sent before the deadline expires. The buyer bears the burden of proof that the right of withdrawal has been exercised, so notification should preferably be in writing (withdrawal form, email, or letter).
   The withdrawal period starts:
   For single goods, from the day after the goods are received.
   If a subscription is sold or the agreement involves regular delivery of identical goods, the period starts from the day after the first shipment is received.
   If the purchase consists of multiple deliveries, the period runs from the day after the last delivery is received.
   The withdrawal period is extended to 12 months after the original deadline if the seller fails to inform about the right of withdrawal and provide the standard withdrawal form before contract conclusion. The same applies if information about terms, deadlines, and the procedure for exercising the right of withdrawal is missing. If the trader provides this information within the 12 months, the withdrawal period expires 14 days after the buyer receives it.
   When exercising the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days from notification of withdrawal. The buyer bears the direct costs of returning the goods, unless otherwise agreed or the seller has failed to inform that the buyer will bear the return costs. The seller may not charge a fee for exercising the right of withdrawal.
   The buyer may try or test the goods in a reasonable way to determine their nature, characteristics, and function without losing the right of withdrawal. If the testing goes beyond what is reasonable and necessary, the buyer may be liable for any reduced value of the goods.
   The seller is obligated 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 withdrawal. The seller may withhold payment until he/she has received the goods from the buyer or the buyer has provided proof that the goods have been sent back.

9. Delay and Non-Delivery – Buyer’s Rights and Claim Deadlines
   If the seller fails to deliver the goods or delivers late according to the agreement, and this is not the buyer’s fault or due to the buyer’s circumstances, the buyer may, according to the Consumer Purchase Act chapter 5, depending on circumstances, withhold payment, demand performance, cancel the contract, and/or claim damages from the seller.
   For claims of breach of contract, notification for evidential purposes should preferably be in writing (e.g., email).
   Performance
   The buyer may insist on the purchase and demand performance from the seller. However, the buyer cannot demand performance if there is an obstacle the seller cannot overcome, or if performance would cause unreasonable inconvenience or cost to the seller compared to the buyer’s interest in the seller’s performance. If difficulties are resolved within a reasonable time, the buyer may still demand performance.
   The buyer loses the right to demand performance if he or she unreasonably delays making the claim.
   Cancellation
   If the seller does not deliver the goods on the delivery date, the buyer must urge the seller to deliver within a reasonable additional deadline. If the seller does not deliver within this period, the buyer may cancel the purchase.
   The buyer may cancel the purchase immediately if the seller refuses to deliver the goods. The same applies if delivery at an agreed time was crucial for concluding the agreement or if the buyer has informed the seller that the delivery time is decisive.
   If the goods are delivered after the additional deadline set by the buyer or after the agreed delivery time critical for the agreement, cancellation must be made within a reasonable time after the buyer became aware of the delivery.
   Damages
   The buyer may claim damages for loss suffered due to the delay. This does not apply if the seller shows the delay was caused by obstacles beyond the seller’s control that could not reasonably have been foreseen, avoided, or overcome.

10. Defect in the Goods – Buyer’s Rights and Complaints Deadline
    If a defect exists in the goods, the buyer must notify the seller within a reasonable time after discovering or should have discovered the defect. The buyer is always considered to have complained on time if done within 2 months from discovery.
    Complaints may be made no later than two years after taking possession of the goods. If the goods or parts of them are expected to last substantially longer than two years, the complaint deadline is five years.
    If the goods have a defect and this is not the buyer’s fault or due to buyer’s circumstances, the buyer may, according to the Consumer Purchase Act chapter 6, depending on circumstances, withhold payment, choose repair or replacement, demand a price reduction, cancel the agreement, and/or claim damages from the seller.
    Complaints should preferably be in writing.
    Repair or Replacement
    The buyer may choose to have the defect repaired or receive a replacement item. However, the seller may refuse if fulfilling the claim is impossible or would impose unreasonable costs. Repair or replacement shall be done within a reasonable time. The seller normally cannot make more than two attempts to remedy the same defect.
    Price Reduction
    The buyer may demand a reasonable price reduction if repair or replacement does not occur. This means the relation between the reduced and agreed price corresponds to the relation between the value of the defective item and a conforming item. If special reasons exist, the price reduction may correspond instead to the defect’s significance to the buyer.
    Cancellation
    If the goods are not repaired or replaced, the buyer may also cancel the purchase if the defect is not insignificant.

11. Seller’s Rights in Case of Buyer’s Breach
    If the buyer does not pay or fulfill other obligations under the agreement or law, and this is not the seller’s fault or due to seller’s circumstances, the seller may, under the Consumer Purchase Act chapter 9, depending on circumstances, withhold the goods, demand performance, cancel the agreement, and/or claim damages from the buyer. The seller may also claim interest on late payment, collection fees, and a reasonable fee for uncollected goods.
    Performance
    The seller may insist on payment. If the goods have not been delivered, the seller loses this right if he delays the claim unreasonably.
    Cancellation
    The seller may cancel the agreement if there is substantial breach of payment or other substantial breach by the buyer. The seller cannot cancel if the full purchase price has been paid. If the seller sets a reasonable additional deadline for performance and the buyer does not pay within this period, the seller may cancel the purchase.
    Interest and Collection Fees
    If the buyer does not pay, the seller may claim interest according to the Delay Interest Act. If payment is not made, the claim may, after prior notice, be sent to collection, where the buyer may be liable for fees under the Collection Act.
    Fee for Uncollected Non-Prepaid Goods
    If the buyer fails to collect unpaid goods, the seller may charge a fee. The fee shall cover the seller’s actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years.

12. Warranty
    A warranty given by the seller or manufacturer grants the buyer rights in addition to those he already has under mandatory law. A warranty does not limit the buyer’s right to complain or claim for delay or defects under sections 9 and 10.

13. Personal Data
    The data controller for collected personal data is the seller. Unless the buyer consents otherwise, the seller may only collect and store the personal data necessary to fulfill obligations under the agreement in accordance with the Personal Data Act. The buyer’s personal data will only be disclosed to others if necessary to carry out the agreement or as required by law.

14. Dispute Resolution
    Complaints must be made to the seller within a reasonable time (see sections 9 and 10). The parties shall seek to resolve disputes amicably. If this is unsuccessful, the buyer may contact the Norwegian Consumer Authority for mediation. The Consumer Authority is available by phone at 23 400 600 or www.forbrukertilsynet.no.
    The European Commission’s Online Dispute Resolution platform can also be used to file a complaint. This is especially relevant if the buyer is a consumer residing in another EU country. Complaints can be filed here: http://ec.europa.eu/odr