Sales Conditions
Les conditions de vente sont également disponibles en français.
Introduction
This purchase is regulated by the Sales Conditions given below and is governed by Norwegian law.
These laws are available (in Norwegian) at http://www.lovdata.no.
ZACHARIASEN CONSULTING reserves the right to change these Sales Conditions at any time, by publishing a new version on its website.
The applicable Sales Conditions are then those being in force on the date of payment of the order.
Date of last update: April 2020
1. Contract
The contract consists of these Sales Conditions, information given in the ordering solution, and any specially agreed conditions. In the event of a conflict between pieces of information, precedence goes to what has been specially agreed between the parties, as long as this does not conflict with mandatory legislation.
In addition, the contract will be complemented by relevant statutory provisions that regulate the purchase of goods between traders and consumers.
2. The parties
A Cup of French’s trademark is owned and operated by ZACHARIASEN CONSULTING and is registered with the Norwegian Industrial Property Office under the number 302549.
The seller is: ZACHARIASEN CONSULTING
Address: Underhaugsveien 2A, 1358 Jar, Norway
Email: [email protected]
Tel: +4795746957
Registration number 986 573 402
And is hereinafter referred to as the “Seller”.
The Purchaser is the consumer who places the order and is hereinafter referred to as the Purchaser.
3. Price
The stated price for the good and services is the total price to be paid by the Purchaser.
This price includes all taxes and additional costs.
Any possible payment costs or bank fees are borne by the Purchaser.
The Seller is not responsible for any costs incurred in the Purchaser’s country.
All prices are given in euros.
4. Conclusion of contract
The contract is binding for both parties as soon as the Purchaser has sent the order to the Seller.
However, a party is not bound by the contract if there are orthographical or typological errors in the offer from the Seller in the ordering solution of the online shop or in the Purchaser’s order, and the other party realised or should have realised that such an error was present.
5. Payment
Payment is due immediately upon order. The Purchaser can pay by credit card or PayPal.
Once the payment has been initiated by the Purchaser, the transaction is immediately debited.
By providing his/her bank information, the Purchaser authorizes the Seller to debit his card for the indicated amount.
6. Delivery
After payment, a PDF file(s) or a link to download the digital file will be sent to the e-mail address provided by the Purchaser at the time of ordering.
The seller assumes no responsibility if the email is not delivered due to the Purchaser providing false or inaccurate data, or for reasons unrelated to the Seller.
Delivery has occurred once the Purchaser or his/ her representative has downloaded the digital content or taken possession of the item.
7. Product risk
Product risk is assumed by the Purchaser as soon as the item is taken over by the Purchaser or his/ her representative in accordance with Section 6.
8. Restriction of access
The Seller cannot guarantee unlimited access to downloadable digital content. It is the Purchaser’s responsibility to maintain and store a copy of downloadable resources on their device to ensure future access.
If the Purchaser pays for access to a resource in the form of streaming video or other formats that cannot be downloaded, the license expires if the Seller closes his or her website or for some reason terminates its business.
9. Right of withdrawal
The contract is exempt from the right of withdrawal.
Pursuant to the § 22 of the Right of Withdrawal, the right of withdrawal does not apply to digital content which is not supplied on a tangible medium, provided that the delivery has begun with the Purchase’s prior express consent and his acknowledgement that he thereby loses his right of withdrawal.
The right of withdrawal is not applicable as soon as the digital content is downloaded / streamed.
10. Delays and non-delivery
If the Seller does not deliver the good or delivers it late according to the terms of the parties’ contract, and this is not due to the Purchaser or to conditions on the part of the Purchaser, the Purchaser may, in accordance with Chapter 5 of the Consumer Purchases Act, withhold the purchase sum, demand performance of the contract, terminate the contract and/or demand compensation from the Seller, according to the relevant circumstances.
For demands of remedy for breach of contract, notice should be given in writing for the purposes of documentation (e.g. by email).
Performance
The Purchaser may affirm the purchase and demand performance from the Seller. The Purchaser may not however demand performance if there is a barrier to performance the Seller cannot overcome, or if performance would cause a great disadvantage or expense to the Seller that is out of proportion to the Purchaser’s interest in the performance.
Should these obstacles be removed within a reasonable amount of time, however, the Purchaser may demand performance.
The Purchaser loses his/her right to demand performance if he/she waits an unreasonably long time to make the claim.
Termination
If the Seller does not deliver the good at the time set for delivery, the Purchaser shall call on the Seller to deliver within a reasonable additional time frame for performance. If the Seller does not deliver the good within the additional time frame, the Purchaser may cancel the purchase.
The Purchaser may however cancel the purchase immediately if the Seller refuses to deliver the good. This also applies to cases in which delivery at the agreed time was a decisive factor in the conclusion of the contract, or if the Purchaser has informed the Seller that the delivery time is a decisive factor.
If the item is delivered after the additional time frame set by the consumer or after the delivery time that was a decisive factor in the conclusion of the contract, termination must be asserted within a reasonable time frame after the Purchaser was informed of the delivery.
Compensation
The Purchaser may demand compensation for losses incurred as a result of the delay.
However, this does not apply to cases in which the Seller can assert that the delay was due to obstacles outside the Seller’s control that could not have reasonably been foreseen at the time the contract was concluded, could not have been avoided or the consequences of which could not have been overcome.
11. Defective goods – the Purchaser’s rights and time limit to give notice
If the good is defective, the Purchaser must notify the Seller that he/she wishes to invoke the defect within a reasonable amount of time after the defect was discovered or should have been discovered.
The Purchaser is always considered to have given timely notice if it occurs within two months after the defect was discovered or should have been discovered. Notice may be given no later than two years after the Purchaser took possession of the good. If the good or parts of it are meant to last considerably longer than two years, this deadline is extended to five years.
If the good has a defect and this is not due to the Purchaser or to conditions on the part of the Purchaser, the Purchaser may, in accordance with Chapter 6 of the Consumer Purchases Act, withhold the purchase sum, choose between repair and replacement, demand a price reduction, demand that contract be terminated and/or demand compensation from the Seller, according to the relevant circumstances.
Notice should be given to the Seller in writing.
Repair or replacement
The Purchaser may choose between having the defect repaired or the delivery of an equivalent item. The Seller may however oppose the Purchaser’s claim if carrying out the claim is impossible or causes the Seller to incur unreasonable expenses. Repair or replacement shall be performed within a reasonable amount of time. The Seller does not as a rule have the right to more than two attempts to cure for the same defect.
Price reduction
The Purchaser may demand a suitable price reduction if the good is not repaired or replaced. This means that relation between the reduced and originally agreed price corresponds to the relation between the item’s value in defective condition and the condition according to the original contract. If special circumstances call for it, the price reduction may instead correspond to the defect’s impact on the Purchaser.
Termination
If the good is not repaired or replaced, the Purchaser may also cancel the purchase in cases where the defect is not immaterial.
12. Seller’s rights in case of Purchaser’s breach of contract
If the Purchaser does not pay or otherwise fulfil his/her duties according to the contract and/or the law, and this is not due to the Seller or to conditions on the part of the Seller, the Seller may, in accordance with the rules in Chapter 9 of the Consumer Purchases Act, withhold the good, demand performance of the contract, terminate the contract and demand compensation from the Purchaser, according to the relevant circumstances.
The Seller may also, according to the relevant circumstances, charge interest for late payment, a collection fee and a reasonable fee for uncollected goods.
Fulfilment
If the Purchaser does not pay, the Seller may affirm the purchase and demand that the Purchaser pay the purchase sum.
If the good is not delivered, the Seller will lose its right if it takes an unreasonably long time to make the claim.
Termination
Upon significant non-payment breach or any other significant breach by the Purchaser, the Seller may terminate the contract.
However, the Seller may not terminate the contract after the purchase sum has been paid.
The Seller may also terminate the purchase if the Purchaser does not pay within a reasonable additional time frame for fulfilment set by the Seller.
Interest relating to late payment/collection fee
If the Purchaser does not pay the purchase sum specified in the contract, the Seller may charge interest on the purchase sum according to the Act Relating to Interest on Overdue Payments.
In cases where payment is not made, the debt may be sent for collection after a warning has been issued, and the Purchaser may then be held responsible for fees according to the Act relating to Debt Collection and Other Debt Recovery.
Fees for uncollected, non-prepaid items
If the Purchaser fails to collect unpaid goods, the Seller may charge the Purchaser a fee. The fee shall at maximum cover the Seller’s actual expenses for delivering the good to the Purchaser.
Purchasers under 18 years of age cannot be charged this fee.
13. Warranties
In accordance with the law, the Seller assumes the guarantees of conformity and relating to hidden defects of the products.
14. Personal data
The Seller is the party responsible for handling collected personal data. Unless the Purchaser consents otherwise, the Seller may only obtain and store whatever personal data is necessary for the Seller to complete its duties according to the contract.
The Purchaser’s personal data shall only be given to others if this is necessary for the Seller to fulfil the contract with the Purchaser, or in cases where this is required by law.
By purchasing an A Cup of French product, the Purchaser agrees to comply with the terms of the Privacy Policy, which can be viewed by clicking on the link.
15. Intellectual property rights
The content of the site, such as brands, domain names, texts, images, drawings, graphics or videos, is protected by intellectual property rights and remains the exclusive property of the Seller.
Any total or partial reproduction, modification or use of these contents for any reason whatsoever is strictly prohibited.
The use of any product purchased on the A Cup of French’s site is subject to the terms of a License Agreement, which can be viewed by clicking on the lien.
16. Conflicts resolution
Claims must be directed to the Seller within a reasonable time frame in accordance with Sections 10 and 11.
The parties shall attempt to resolve any disputes out of court.
If this is not successful, the Purchaser may contact the Consumer Council of Norway for mediation. The Consumer Council may be reached on (+47) 23 400 500 or at http://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 resident in another EU country.
The complaint is filed here: http://ec.europa.eu/odr