Terms of Sale

Introduction:

This purchase is governed by the following standard terms of sale for consumer purchases of artworks over the Internet. By consumer purchase, we mean the sale of goods to a consumer who is not primarily acting as part of a business and when the seller is engaged in business activities involving the sale of artworks over the Internet. The contract has been prepared and recommended for use by the Consumer Ombudsman. Consumer purchases over the Internet are mainly governed by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act, and these laws grant consumers non-negotiable rights. The terms of the contract shall not be understood as limiting the statutory rights but rather as setting out the parties' main rights and obligations for the transaction. The seller may choose to offer the buyer better terms than those set out in these terms of sale. In cases where the contract does not directly provide the solution to an issue, the contract must be supplemented with relevant statutory provisions.

Agreement:

The agreement between the buyer and the seller consists of the information the seller provides about the purchase in the ordering solution in the online store (including information about the nature of the artworks, quantity, quality, other characteristics, price, and delivery terms), any direct correspondence between the parties (such as email), and these terms of sale. In case of discrepancies between the information provided by the seller about the purchase in the ordering solution in the online store, direct correspondence between the parties, and the terms of sale, direct correspondence between the parties and the information provided in the ordering solution takes precedence over the terms of sale, provided it does not conflict with binding legislation.

Parties:

• Seller Company Name: Akrylfoto AS

• Contact Address: Leiteveien 27, 4312 SANDNES

• Email: post@akrylfoto.no

• Phone Number: +47 929 33 074

• Organization Number: 931197428

The buyer is the person placing the order.

Prices:

The prices stated in the online store include value-added tax (VAT). Information about the total costs the buyer shall pay, including all taxes (VAT, customs duties, etc.) and delivery costs (shipping, postage, invoice fees, packaging, etc.), as well as a specification of the individual elements of the total price, shall be provided in the ordering solution before the order is placed. (Goods delivered to Svalbard or Jan Mayen shall be sold without the addition of VAT.)

Conclusion of the Agreement:

The agreement is binding on both parties when the buyer's order is received by the seller. However, a party is not bound by the agreement if there have been typographical or clerical errors in the seller's offer in the ordering solution in the online store or in the buyer's order, and the other party was aware of or should have been aware of such errors.

Order Confirmation:

Upon receipt of the buyer's order, the seller shall promptly confirm the order by sending an order confirmation to the buyer. It is recommended that the buyer verifies that the order confirmation corresponds to the order in terms of quantity, type of artworks, price, etc. If there is any discrepancy between the order and the order confirmation, the buyer should contact the seller as soon as possible.

Payment:

The seller may demand payment for the artworks from the time they are dispatched by the seller to the buyer. If the buyer uses a credit card or debit card for payment, the seller may reserve the purchase amount on the card at the time of ordering for up to 4 days. In the case of payment by credit card, the Credit Purchase Act, etc., will apply. If the seller offers post-invoicing, the invoice to the buyer shall be issued upon dispatch of the goods. The due date shall be set at a minimum of 14 days from the date the buyer receives the shipment. If the seller has a particular need to demand advance payment from the buyer, for example, in the case of made-to-order purchases, the seller may demand this. Buyers under 18 years of age can only pay directly upon delivery of the goods by the seller or upon receipt of the goods by cash on delivery.

Delivery, etc.:

Delivery of the artworks from the seller to the buyer shall be made in the manner, at the place, and at the time specified in the ordering solution in the online store. If the delivery time is not specified in the ordering solution, the seller shall deliver the artworks to the buyer within a reasonable time and no later than 30 days after the order from the customer. If the seller is to ensure that the goods are sent to the buyer, they are obligated to have the artworks transported to the destination in a suitable manner and under normal conditions for such transport. The destination is with the buyer unless otherwise agreed between the parties.

Risk of the Goods:

The risk of the goods transfers to the buyer when the item is received by the buyer according to the agreement. If the delivery time has arrived and the buyer fails to accept an item that has been made available to them according to the agreement, the buyer still bears the risk of loss or damage resulting from the characteristics of the item itself.

Right of Withdrawal:

The buyer may withdraw from the purchase of the product according to the provisions of the right of withdrawal law. Withdrawal implies that the buyer, without reason, can return the product to the seller even if there is no defect in it and even if it has not been delivered.

The buyer must notify the seller of the use of the right of withdrawal within 14 days after receiving the product, the prescribed information about the right of withdrawal, and the withdrawal form. If the buyer receives the withdrawal form and the necessary information at a later date than the delivery of the product, the withdrawal period begins from the day the buyer receives the withdrawal form and the information. If the buyer has not received sufficient information or a withdrawal form, the withdrawal period will still expire 3 months after receiving the product. If the buyer has not received any information about the right of withdrawal at all, the deadline will be 1 year.

The notification from the buyer to the seller regarding the use of the right of withdrawal should, for evidentiary purposes, be in writing (withdrawal form, email, or letter), and it must include information on how the buyer will return the product to the seller.

When using the right of withdrawal, the product must be returned to the seller within a reasonable time. The seller is obliged to refund the entire purchase price to the buyer within 14 days from the day the seller receives the product or a delivery note, or the product is made available to the seller. The seller cannot impose fees for the buyer's use of the right of withdrawal, but the seller can require the buyer to pay the costs of the return shipment.

The buyer can inspect the product before deciding to withdraw from the purchase. To return a product and receive a full refund, the product must be unused, in its original packaging, and in the same condition as when it was received.

Note: Artworks that have been hung, displayed, or damaged cannot be returned.

Inspection of the Product:

When the buyer receives the product, it is recommended that they reasonably inspect whether it conforms to the order, whether it has been damaged during transport, or whether it otherwise has any defects.

If the product does not conform to the order or has defects, the buyer must notify the seller of the complaint according to clause 11 of the contract.

Complaints Regarding Defects and Deadline for Reporting Claims for Delay:

If there is a defect in the product, the buyer must, within a reasonable time after discovering it, notify the seller that they will invoke the defect.

The deadline can never be shorter than two months from the time the consumer discovered the defect. However, complaints must be made no later than two years after the buyer received the product. If the product or parts of it are intended to last significantly longer, the deadline for complaints is five years.

In case of delay, claims must be made to the seller within a reasonable time after the delivery time has come and the product has not been delivered.

If the product was paid for with a credit card, the buyer can also choose to lodge a complaint and send claims directly to the credit provider (the credit card company).

The notification to the seller or credit provider should be in writing (email, fax, or letter).

Buyer's Rights in Case of Delay:

If the seller does not deliver the product or delivers it 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, according to the rules in Chapter 5 of the Consumer Purchase Act, under certain circumstances withhold the purchase amount, demand performance, terminate the agreement, and claim compensation from the seller.

• Performance: If the seller does not deliver the product on the delivery date, the buyer can maintain the purchase and set a reasonable additional deadline for performance by 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 significant inconvenience or cost for the seller that it is in significant disproportion to the buyer's interest in the seller fulfilling their obligation. If the obstacles disappear within a reasonable time, the consumer can demand performance.

• Termination: The buyer can terminate the agreement with the seller if the delay is significant or if the seller does not deliver the product within the additional deadline for performance set by the buyer. However, the buyer cannot terminate the agreement while the additional deadline is running unless the seller has stated that they will not fulfill it within the deadline.

• Compensation: The buyer can also claim compensation for the loss they suffer as a result of the delay from the seller's side according to section 24 of the Consumer Purchase Act.

The buyer must report claims to the seller according to clause 11 of this contract.

Buyer's Rights in Case of Defects:

If the product has a defect and this is not due to the buyer or circumstances on the buyer's side, the buyer may, according to the provisions of Chapter 6 of the Consumer Purchase Act, under certain circumstances withhold the purchase amount, choose between rectification and replacement, demand a price reduction, demand termination of the agreement, and claim compensation from the seller.

• Rectification or Replacement: If the product has a defect, the buyer can demand that the seller rectifies the defect or replaces the equivalent product. The seller can object to the buyer's demand if the implementation of the demand is impossible or imposes unreasonable costs on the seller.

The seller must carry out the rectification or replacement within a reasonable time. Rectification or replacement must be carried out at no cost to the buyer, without the risk of the buyer not recovering their expenses, and without significant inconvenience to the buyer. The seller cannot carry out more than two attempts at rectification or replacement for the same defect, unless there are special reasons that justify further attempts.

Even if the buyer does not demand rectification or replacement, the seller may offer rectification or replacement without delay. If the seller provides such rectification or replacement, the buyer cannot claim a price reduction or termination.

• Price Reduction: If the defect is not rectified or replaced, the buyer can demand a proportionate price reduction.

• Termination: Instead of a price reduction, the buyer can terminate the agreement, except when the defect is insignificant.

• Compensation: The buyer can also claim compensation for the economic loss they suffer as a result of the product having a defect according to section 33 of the Consumer Purchase Act.

The buyer must report claims to the seller according to clause 11 of this contract. The rules on complaints apply in addition to, and independently of, the rules on the right of withdrawal and any warranties provided by the seller.

Seller's Rights in Case of Buyer's Default:

If the buyer fails to pay or fulfill the other obligations under the agreement, and this is not due to the seller or circumstances on the seller's side, the seller may, according to the provisions of Chapter 9 of the Consumer Purchase Act, under certain circumstances withhold the goods, demand fulfillment of the agreement, demand termination of the agreement, and claim compensation from the buyer. Under certain circumstances, the seller may also demand interest for delayed payment, collection fees, and fees for non-prepaid unclaimed goods.

• Fulfillment: If the buyer does not pay, the seller can uphold the purchase and demand that the buyer pays the purchase price (fulfillment). If the item has not been delivered, the seller loses their right if they unreasonably delay making the claim.

• Termination: In the case of significant default in payment or other significant default by the buyer, the seller may terminate the agreement. However, the seller cannot terminate the agreement after the purchase price has been paid. The seller may also terminate the purchase if the buyer does not pay within a reasonable additional deadline for fulfillment set by the seller. However, the seller cannot terminate while the additional deadline is running unless the buyer has stated that they will not pay.

• Compensation: The seller may demand compensation from the buyer for economic loss they suffer due to the buyer's breach of contract, according to section 46 of the Consumer Purchase Act.

• Interest for Delayed Payment/Collection Fee: If the buyer does not pay the purchase price according to the agreement, the seller may demand interest on the purchase price according to the Act on Interest on Delayed Payment. In the event of non-payment, the claim, after prior notice, may be sent to collection, and the buyer may then be held responsible for fees according to the Act on Debt Collection and Other Recovery of Due Debts.

• Fee for Unclaimed Non-Prepaid Goods: If the buyer fails to pick up unpaid goods, the seller may charge the buyer a fee of 1000 NOK plus round-trip shipping. The fee should cover the seller's actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years old.

Warranty:

Warranty provided by the seller or manufacturer gives the buyer rights in addition to the rights the buyer already has under mandatory legislation. A warranty thus does not limit the buyer's right to complaint and claims for delay or defects according to clauses 12 and 13.

Personal Information:

Unless the buyer consents otherwise, the seller can only collect and store the personal information necessary for the seller to fulfill their obligations under the agreement. The personal information of buyers under 15 years old cannot be collected unless the seller has consent from parents or guardians. The buyer's personal information should only be disclosed to others if it is necessary for the seller to fulfill the agreement with the buyer, or in cases prescribed by law.

The seller can only collect the buyer's social security number if there is a legitimate need for secure identification and such collection is necessary.

If the seller wants to use the buyer's personal information for other purposes, such as sending the buyer advertisements or information beyond what is necessary to fulfill the agreement, the seller must obtain the buyer's consent at the time of the agreement. The seller must provide the buyer with information about how the personal information will be used and who will use the personal information. The buyer's consent must be voluntary and given by an active action, such as checking a box.

The buyer should be able to easily contact the seller, for example, by phone or email if they have questions about the seller's use of personal information or if they want the seller to delete or change the personal information.

Conflict Resolution:

The parties shall attempt to resolve any disputes amicably. The buyer can contact the Consumer Council for assistance in any dispute with the seller. If an amicable solution is not reached after mediation by the Consumer Council, the parties may request in writing that the Consumer Council submit the dispute to the Consumer Disputes Board. The decision of the Consumer Disputes Board becomes legally binding four weeks after notification. Before the decision becomes legally binding, the parties may, by submitting a summons to the Consumer Disputes Board, bring the decision before the district court.

List of Sources:

1. See the Value Added Tax Act of June 19, 1969, No. 66, Section 16.

2. A credit card is a payment card where payment for the purchase is settled afterwards by the credit provider (credit card company) sending the cardholder an invoice with a payment demand.

3. A debit card is a payment card linked to a deposit account. Using the card results in the user's account being debited and the amount being transferred to the payee's account.

4. See model agreement prepared by the joint contract committee of the Norwegian Savings Banks Association and the Financial Services Association - Terms of Agreement for Credit Cards and Billing Cards - consumer relations point 12 and model terms prepared by the Norwegian Savings Banks Association and the Financial Services Association for payment cards point 11.

5. Act of June 21, 1985, No. 82, on credit purchases, etc.

6. Individuals under 18 years old can only pay in the mentioned ways since they cannot incur debt according to the Guardianship Act of April 22, 1927, No. 2, Section 2.

7. Act of December 21, 2000, No. 105, on disclosure obligations and the right of withdrawal, etc., in distance selling and sales outside fixed premises (the right of withdrawal law).

8. Act of December 17, 1976, No. 100, on interest for late payment.

9. Act of May 13, 1988, No. 26, on debt collection activities and other recovery of overdue monetary claims.

10. Fees cannot be charged to individuals under 18 years old as they cannot incur debt according to the Guardianship Act, Section 2.

11. See the Act of April 14, 2000, No. 31, on the processing of personal data.