Terms and conditions of sale for consumers
The terms and conditions of sale (which are accepted by completing a purchase) apply to the sale of goods and services on Kart.no to consumers.
The purchase is governed by the following standard terms and conditions of sale 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 mandatory rights. The laws are available at www.lovdata.no. The terms in this agreement shall not be understood as any limitation of the statutory rights, but set out the parties’ most important rights and obligations for the trade.
The terms and conditions of sale have been prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these terms and conditions of sale, see the Consumer Authority’s guide here.
The agreement consists of these terms and conditions of sale, information provided in the ordering solution, and any specifically agreed terms. In the event of any conflict between the information, what has been specifically agreed between the parties takes precedence, provided it does not conflict with mandatory legislation.
The agreement will also be supplemented by relevant legal provisions regulating the purchase of goods between traders and consumers.
The seller is Fineartprint AS, Nikkelveien 8, 4313 Sandnes, organization number 920 298 230, and is hereinafter referred to as the seller.
The buyer is the consumer who places the order, and is hereinafter referred to as the buyer.
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 additional costs that the seller has not informed about before the purchase.
The agreement is binding for both parties once the buyer has sent their order to the seller.
The agreement is nevertheless not binding if there have been writing or typing errors in the offer from the seller in the ordering solution in the online store or in the buyer’s order, and the other party realized or should have realized that such an error existed.
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 price on the card upon ordering. The card is charged on the same day the item is sent.
When paying by invoice, the invoice is issued to the buyer upon shipment of the goods. 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.
Delivery
Delivery has occurred when the buyer, or their representative, has taken possession of the item.
If the delivery time is not specified 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 goods shall be delivered to the buyer unless otherwise specifically agreed between the parties.
Production of nautical charts (POD), wall maps, passe-partouts, and frames is done to order and customized to the chosen size, finish, and scope. Production time will therefore vary depending on the product, order volume, and demand at the time of ordering. As a general guideline, many orders are produced within a few business days, but both shorter and longer production times may occur. Delivery time is additional and depends on the chosen shipping method and carrier.
Delivery
If a package is not collected and is returned to us, we will charge a fee for return handling and administration. The fee is NOK 350 incl. VAT. The fee covers costs related to return handling and administration. Any reshipment is done by agreement.
Risk for the goods
The risk for the goods passes to the buyer when they, or their representative, have had the goods delivered.
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 the seller of the use of the right of withdrawal within 60 days from the start of the period. The period includes all calendar days. If the deadline ends on a Saturday, public holiday, or festive day, the deadline is extended to the nearest business day.
The withdrawal deadline is considered met if the notification is sent before the expiry of the deadline. 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 right of withdrawal does not apply to goods produced to the buyer’s order. This applies to maps designed by the customer themselves, as well as all maps from the Norwegian Mapping Authority (print-on-demand).
The withdrawal period begins to run:
For the purchase of individual items, the withdrawal period runs from the day after the item(s) are received.
If a subscription is sold, or if the agreement involves regular delivery of identical goods, the period runs from the day after the first shipment is received.
If the purchase consists of several deliveries, the withdrawal period runs 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 the seller does not provide information about the right of withdrawal and a standardized withdrawal form before the conclusion of the agreement. The same applies in the event of missing information on terms, deadlines, and procedures for exercising the right of withdrawal. If the trader provides the information during these 12 months, the withdrawal period nevertheless expires 30 days after the day the buyer received the information.
When using the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 30 days from the date notification of the use of the right of withdrawal was given. The buyer covers 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 set a fee for the buyer’s use of the right of withdrawal.
The buyer may try or test the goods in a responsible manner to determine the nature, characteristics, and function of the goods, without the right of withdrawal lapsing. If the trial or testing of the goods goes beyond what is responsible and necessary, the buyer may be held liable for any reduced value of the goods.
The seller is obliged to refund the purchase price to the buyer without undue delay, and no later than 14 days from when the seller received 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 – buyers’ rights and deadline for reporting claims
If the seller does not deliver the goods or delivers them late according to 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, terminate the agreement, and/or claim compensation from the seller.
In the event of a claim for breach of contract remedies, the notification should be in writing (for example, e-mail) for evidentiary purposes.
Performance
The buyer can maintain 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 great disadvantage or cost for the seller that it is significantly disproportionate to the buyer’s interest in the seller performing. Should the difficulties disappear within a reasonable time, the buyer may still demand performance.
The buyer loses their right to demand performance if they wait an unreasonably long time to submit the claim.
Termination
If the seller does not deliver the goods at the time of delivery, the buyer shall urge the seller to deliver within a reasonable additional deadline for performance. If the seller does not deliver the goods within the additional deadline, the buyer may terminate the purchase.
However, the buyer may terminate 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 delivery time is decisive.
If the item is delivered after the additional deadline set by the consumer or after the delivery time that was decisive for the conclusion of the agreement, the claim for termination must be made within a reasonable time after the buyer became aware of the delivery.
Compensation
The buyer may claim compensation for losses suffered as a result of the delay. However, this does not apply if the seller proves that the delay is due to an obstacle outside the seller’s control that could not reasonably have been taken into account at the time of the agreement, avoided, or the consequences of which could not have been overcome.
Defect in the goods – the buyer’s rights and deadline for complaints
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 the seller that they wish 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 possession of the goods. If the goods or parts of them are intended to last significantly longer than two years, the complaint deadline 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 repair and replacement, demand a price reduction, demand the agreement be terminated, and/or claim compensation from the seller.
Repair or replacement
The buyer can choose between demanding the defect be repaired or the delivery of an equivalent item. The seller may nevertheless object to the buyer’s claim if the implementation of the claim is impossible or causes the seller unreasonable costs. Repair or replacement 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 an appropriate price reduction if the goods are not repaired or replaced. This means that the ratio between the reduced and agreed price corresponds to the ratio between the item’s value in defective and contractual condition. If special reasons warrant it, the price reduction may instead be set equal to the significance of the defect to the buyer.
Termination
If the goods are not repaired or replaced, the buyer may also terminate the purchase when the defect is not insignificant.
Complaints to the seller should be made in writing.
The seller’s rights in the event of the buyer’s breach of contract
If the buyer does not pay or fulfill the other obligations under the agreement or the 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 goods, demand performance of the agreement, demand the agreement be terminated, and claim compensation from the buyer. Depending on the circumstances, the seller will also be able to claim interest for late payment, debt collection fees, and a reasonable fee for uncollected goods.
Performance
The seller can maintain the purchase and demand that the buyer pays the purchase price. If the goods have not been delivered, the seller loses their right if they wait an unreasonably long time to submit the claim.
Termination
The seller may terminate the agreement if there is a significant payment default or other significant breach on the part of the buyer. However, the seller cannot terminate 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 terminate the purchase.
Interest on late payment/debt collection fee
If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price under the Late Payment Interest Act. In the event of non-payment, the claim may, after prior notice, be sent for collection. The buyer may then be held liable for fees under the Debt Collection Act.
Fee for uncollected 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 goods to the buyer. Such a fee cannot be charged to buyers under the age of 18.
Warranty
A warranty provided by the seller or the manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A warranty therefore does not imply any limitations on the buyer’s right to complain and claims in the event of delay or defects.
Personal data
A warranty provided by the seller or the manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A warranty therefore does not imply any limitations on the buyer’s right to complain and claims in the event of delay or defects
Conflict resolution
Complaints are 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 may contact the Consumer Council for mediation. The Consumer Council is available by phone at 23400500 or 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 is filed here: http://ec.europa.eu/odr.