TERMS FOR SALE AND PURCHASES
The agreement between the buyer and the seller consists of information the seller provides the in the website (including without limitation information about the nature, quantity, quality, other characteristics, price and delivery terms), any direct correspondence between the parties (e.g. e-mail) as well as these sales conditions.
If any inconsistency between the information the seller has provided for the purchase in order solution in the web shop, direct correspondence between the parties and the terms of the sale conditions, the direct correspondence between the parties and the information given in order solution overrule sales conditions, as long as it does not conflict with binding legislation.
The agreement is binding for both parties when the seller receives the buyer’s order. However, a party is not bound by the agreement if any writing or typing error has occurred in the seller’s web shop, or in the buyers order, given that the other part was aware, or should have been aware that such an error was present.
Company Name: Terp as
Contacts Address: Dalavikvegen 15, 5574 Skjold
Phone: +47 90215760
Official number of organization: N913 980 808
The buyer is the person placing the order.
As the purchase is done in an international web shop, the prices are without VAT, customs, etc. However, if any taxes apply in the country the buyer is resident, these taxes are added to the price, and is visible for the buyer prior to checkout. Information about in which countries VAT applies is given in an information box in connection with each sales price given in the web shop.
Information about the the total cost the buyer is charged, including all taxes (VAT, customs, etc.) as well as specification of the individual elements of the total price, is given to the buyer prior to checkout.
Delivery costs does not apply as all products and services are delivered digitally.
4. Order confirmation
Once the seller receives the buyer's order, the seller shall without undue delay confirm the order by sending an order confirmation to the buyer.
It is recommended that the buyer verifies that the order confirmation matches order with respect to the number, product type, price and so on. If there are any deviation between the order and the order confirmation, the buyer should contact the seller as soon as possible.
Two kinds of payments apply in this web shop. Payment for digital books has to be done prior to downloading. Payment for licenses to use online services is done as a subscription, charging the buyer in advance once a month.
Buyers under 18 years can only pay using debit cards.
Delivery is dependent on the status of Internet. Given that the Internet is working up to full speed following applies:
Digital books shall be available for downloading immediately after purchase.
Online services shall be available within minutes after the license is purchased. The buyer will receive an e-mail with further directions, when purchased online services are available.
7. The risk of products and services
The risk of digital books passes to the buyer when they are downloaded.
Regarding digital services buyer have the risk connected to his or her own data. The seller has the risk of the software.
8. Withdraw from the agreement
The buyer may cancel the purchase until the product is downloaded or the he/she has logged in to the digital service. When the downloading of digital books has started the opportunity to withdraw from the agreement does not apply anymore. The same is the case if the buyer uses the link received on e-mail after purchasing a license.
9. Examination of the product and services
When the buyer has downloaded the item or logged in to a digital service, it is recommended that he or she reasonable extent examine whether it complies with the order.
If the item does not match the order or is missing, the buyer must notify the seller according to section 10 in these terms.
10. Complaints about defects
If there is a defect in the products, the buyer must give notice that he or she will invoke the defect as soon as possible time after he or she discovered it, and no later than two months after downloading the item, or receiving link to the online service.
If the item is paid by credit card, the buyer may also choose to advertise and submit claims directly to the creditor (credit card company).
Message to the seller or the creditor should be in writing (e-mail).
11. Buyer's rights if any delay
If the seller does not deliver according to section 6, the buyer may demand fulfilment and set a deadline for delivery. The buyer cannot demand performance if there is an obstacle that the seller cannot overcome, or if compliance would result in such a large inconvenience or cost for seller that it is significantly disproportionate compared to the interest of the buyer.
If the delay is significant the buyer can terminate the contract. However, termination may not be demanded after the item is downloaded, or the link to the digital service is used.
Message to the seller should be in writing (e-mail).
12. Buyer's rights if any defects
If the item is defective and this is not due to the buyer, the buyer according to the rules of the Norwegian consumer law (Kjøpsloven), Chapter 6 in the circumstances withhold payment, choose between: rectification and replacement, demand reduction of price, require the agreement terminated and compensation from the seller.
Correction or replacement: If the item has a defect, the buyer may require the seller correct the defect or replace the item. The seller may refuse buyer's requirement if the implementation of the requirement is impossible or causes the seller unreasonable costs.
The seller shall make corrections or replacement within a reasonable time. Correction or replacement shall be made without any costs for the buyer, without the risk of any extra expenses, and without significant inconvenience to the buyer. Seller cannot make more than two attempts to correct or replacement of the same item; unless there are special reasons that make further attempts are reasonable.
Although buyer does not require repair or replacement, the seller can offer correction or replacement if this happens without delay. If the seller provides for such repair or replacement, the buyer may not demand a price reduction or cancellation.
Price reduction: If the deficiency is not corrected or replace, the buyer may claim a proportional price reduction.
Termination: Rather than discount the buyer may terminate the contract, except when the defect is immaterial.
Replacement: The buyer may also claim compensation for financial losses they suffer as a result of the defect on the product.
The buyer must submit claims to the seller when complaints according to this contract section 10. The rules concerning complaints are in addition to, and independent of, the rules on withdrawal (see section 8) and any warranties offered by the seller (see section 14).
13. The seller's rights if buyer fails to meet the agreement
If the buyer fails to pay or meet other obligations under the agreement, and this is not due to the seller or conditions of the seller, the seller in accordance with the rules of Norwegian consumer law (Kjøpsloven), chapter 9, may withhold the goods, demand fulfilment of the agreement, or require the agreement cancelled and compensation from buyer. The seller may also charge interest on overdue payments and collection charges due to the circumstances.
Fulfilment: If the buyer fails to pay, the seller can insist on the purchase and demand that the buyer pays the purchase (fulfilment). If the goods are not delivered, the seller loses his right if he delays unreasonably before submitting his claim.
Termination: If a major delay in payment by the buyer, the seller may terminate the contract.
The seller cannot terminate after payment is made.
The seller may also cancel the purchase if the buyer does not pay within a reasonable extension deadline set by the seller. The seller cannot terminate before an extended deadline expires, unless the buyer has declared that he or she will not pay.
Compensation: The seller may claim damages from the buyer for financial losses they suffer as a result of breach of contract from the buyer's side according the Norwegian consumer law § 46.
Interest on overdue payment / collection fee: If the buyer fails to pay the purchase price under the agreement, the seller may claim interests on the overdue payment. The seller may use legal measures collect overdue payment.
If the buyer copying digital books for other than personal use, the buyer is responsible to pay full compensation to the seller. Each book is labeled in a manner that allows the original purchaser to be identified.
A warrantee given by the seller or producer gives purchaser rights in addition to the rights the buyer already has under applicable law. Thus, a warranty involves no restrictions on the buyer`s right to claim for delay or missing items in section 11 and 12.
16. Personal Information
Unless the buyer agrees otherwise, the seller can only collect and store the personal data that is necessary for the seller to carry out obligations under the agreement. The personal data of the buyer under 15 years cannot be obtained unless the seller has the consent of parents or legal guardians. Purchaser personal data may only be disclosed to others if it is necessary for the merchant to implement the agreement with the buyer, or legal case.
The seller can only collect the buyer's social security number if there is an objective need for secure identification and such acquisition is necessary.
If the seller will take the buyer's personal data for other purposes, for example to send the buyer advertising or information beyond what is required to implement the agreement, the seller must obtain consent from the buyer at the conclusion of the agreement.
17. Handling of conflicts
The parties shall endeavour to resolve any disputes amicably. The buyer can contact the Norwegian Consumer Council (Forbrukerrådet) or assistance in a dispute with the seller. If no amicable solution is reached after mediation in the Consumer Council, the parties may request in writing that the Consumer Council promotes the dispute to the Norwegian Consumer Disputes
Commission (Forbrukertvistutvalget). Resolution of the Norwegian Consumer Disputes Commission is enforceable four weeks after announced. Before the decision is enforceable, the parties may, upon submission of the subpoena to the Norwegian Consumer Disputes Commission, have the decision reviewed by the district court of Haugesund, Norway. Norwegian law applies in solving conflicts.