This purchase is governed by the following standard terms of sale for consumer purchases of goods over the Internet. Consumer purchases over the internet are mainly regulated by the Contract Act, the Consumer Purchase Act, the Marketing Act, the Right to Reconciliation Act and the e-Commerce Act, and these laws give the consumer inevitable rights. The laws are available at www.lovdata.no. The terms of this Agreement shall not be construed as limiting the statutory rights, but shall establish the Parties’ principal rights and obligations to trade.
The terms of sale have been prepared and recommended by the Consumer Ombudsman. For a better understanding of these terms of sale, see the Consumer Ombudsman’s website.
The agreement consists of these terms of sale, the information provided in the ordering solution and any specially agreed terms. In the event of any conflict between the information, what is specifically agreed between the parties precedes, provided that this does not conflict with mandatory legislation?
In addition, the agreement will be filled in by relevant legal regulations governing the purchase of goods between businesses and consumers.
2. The Parties
Seller: Positive Trafikkskole AS
Contact address: Fageråsveien 2. PO Box 15. 5067 Bergen
Phone number: 46 97 88 88
Fax number: 53 69 88 88
Organization number: 989686410
The stated price for the item and services is the total price the buyer must pay. This price includes all fees and additional costs. Additional costs that the seller sells before the purchase has not informed, the buyer shall not bear.
The agreement is binding on both parties when the buyer has sent his order to the seller.
However, the agreement is not binding if there has been a write or key error 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 there was such a mistake.
The seller may demand payment for the goods from the time it is sent from the seller to the buyer.
If the buyer uses a credit card or debit card upon payment, the seller can reserve the purchase price on the card when ordering. The card is charged the same day the item is shipped.
When paying by invoice, the invoice of the buyer is issued upon shipment of the goods. The payment deadline is stated in the invoice and is a minimum of 14 days from receipt.
Buyers under the age of 18 cannot pay with the subsequent invoice.
Delivery has occurred when the buyer, or his representative, has taken over the thing.
If the delivery date is not stated 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 must be delivered to the buyer unless otherwise specifically agreed between the parties.
7. The risk of the item
The risk of the goods changing to the buyer when he or his representative has received the goods in accordance with point 6.
Unless the agreement is exempt from the right of withdrawal, the buyer can undo the purchase of the goods in accordance with the right of withdrawal.
The buyer must give the seller notice of the use of the right of withdrawal within 14 days from the deadline begins to run. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday or holiday day, the deadline is extended to the next working day.
The cancellation deadline is deemed to be complied with if the message has been sent before the expiry of the deadline. The buyer has the burden of proof that the right of withdrawal has been applied, and the message should therefore be made in writing (right of withdrawal form, e-mail or letter).
The grace period begins to run:
- When purchasing individual goods, the cancellation period will run from the day after the item (s) are
- If a subscription is sold, or does the agreement provide regular delivery of identical goods, the deadline runs from the day after the first shipment is
- If the purchase consists of several deliveries, the cooling off period will run from the day after the last delivery is
The cancellation deadline is extended to 12 months after the expiry of the original deadline if the seller does not state before the conclusion of the agreement that there is a right of withdrawal and a standardized claim form. The same applies if there is a lack of information about terms, deadlines, and procedures for using the right of withdrawal. However, if the trader provides the information during these 12 months, the cancellation period expires 14 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 14 days from notification of the use of the right of withdrawal is given. The buyer covers the direct costs of returning the goods unless otherwise agreed or the seller has failed to state that the buyer will cover the return costs. The seller cannot set a fee for the buyer’s use of the right of withdrawal.
The buyer can try or test the item in a proper manner to determine the nature of the goods, properties and function, without the cancellation right falling away. If testing or testing of the goods goes beyond what is justifiable and necessary, the buyer can be responsible for any reduced value of the goods.
The owner is obliged to repay the purchase price to the buyer without undue delay, and no later than 14 days from the seller received notice of the buyer’s decision to use the right of withdrawal. The seller has the right to withhold payment until he has received the goods from the buyer, or to the buyer has submitted documentation that the goods have been sent back.
9. Delay and non-delivery – Buyer’s rights and the deadline to report claims
If the seller does not deliver the goods or delivers them too 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 the Consumer Purchase Act chapter 5, keep the purchase price back, demand fulfillment, cancel the agreement and / or claim compensation from the seller.
In the event of a claim for default, the notification of evidence should be in writing (for example, e-mail).
The buyer can maintain the purchase and demand fulfillment from the seller. The buyer may not, however, demand fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment will entail such a great disadvantage or expense for the seller that it is in material disproportion with the buyer’s interest in the seller fulfilling. Should the difficulties fall away within a reasonable time, the buyer may still demand fulfillment.
The buyer loses his right to demand fulfillment if he or she waits unreasonably long to promote the claim.
If the seller does not deliver the goods at the time of delivery, the buyer shall encourage the seller to deliver within a reasonable additional deadline for fulfillment. If the seller does not deliver the goods within the additional deadline, the buyer can cancel the purchase.
However, the buyer may cancel the purchase immediately if the seller refuses to deliver the goods. The same applies if the delivery at the agreed time was decisive for the conclusion of the agreement, or if the buyer has informed the seller that the time of delivery is decisive.
If the goods are delivered after the additional deadline the consumer has set or after the time of delivery that was decisive for the conclusion of the agreement, the claim for cancellation must be made applicable within a reasonable time after the buyer was informed of the delivery.
The buyer may claim compensation for a small loss as a result of the delay. This does not apply, however, 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 during the contract period, avoided, or overcome the consequences of.
10. Lack of goods – Buyer’s rights and deadline for complaints
If there is a defect in the item, the buyer must within a reasonable time after it was discovered or should have been discovered, notify the seller that he or she will invoke the defect. The buyer has always advertised in time if it happens within 2 months. from the defect was discovered or should have been discovered. Complaints can be made no later than two years after the buyer took over the goods. If the item or part of it is intended to last significantly longer than two years, the complaint deadline is five years.
If the item has a defect and this is not due to the buyer or circumstances on the buyer’s side, according to the rules in the Consumer Purchase Act chapter 6, according to the circumstances, the buyer can withhold the purchase price, choose between rectification and delivery, demand a price reduction, demand the agreement raised and / or demand compensation from the seller .
Complaints to the seller should be in writing.
style = “color: # ed7d31;”> Correction or replacement
The buyer may choose to claim the defect corrected or the delivery of similar items. The seller may nevertheless oppose the buyer’s claim if the execution of the claim is impossible or causes the seller unreasonable costs. Correction or replacement must be done within a reasonable time. Initially, the seller is not entitled to make more than two relief attempts for the same defect.
The buyer may demand a suitable price reduction if the item is not corrected or redirected. This means that the ratio between the reduced and the agreed price corresponds to the ratio between the value of the goods in defective and contractual condition. If special reasons so warrant, the price reduction can instead be set equal to the significance of the defect for the buyer.
If the item is not corrected or redirected, the buyer may also cancel the purchase when the defect is not insignificant.
11. The seller’s rights at the buyer’s default
If the buyer does not pay or meet the other obligations under the agreement or the law, and this is not due to the seller or conditions on the seller’s side, the seller may, in accordance with the rules in the consumer purchase law chapter 9, keep the goods back, demand the fulfillment of the agreement, demand the agreement raised as well as claim compensation from the buyer. The seller may also, in the circumstances, claim interest on late payment, collection fee and a reasonable fee for uncollected goods.
The seller can maintain the purchase and demand that the buyer pay the purchase price. If the goods are not delivered, the seller loses his right if he waits unreasonably long to promote the claim.
The seller may terminate the agreement if there is a material breach of payment or other material breaches by the buyer. However, the seller cannot raise if the entire purchase price has been paid. If the seller determines a reasonable additional deadline for fulfillment and the buyer does not pay within this deadline, the seller may cancel the purchase.
Interest on late payment / collection fee
If the buyer does not pay the purchase price according to the agreement, the seller may claim interest on the purchase price according to the delay interest rate law. In the event of non-payment, the claim can, after prior notice, be sent to the Buyer can then be held liable for fee according to the debt collection law.
Fee for non-prepaid goods not collected
If the buyer fails to collect unpaid goods, the seller may charge the buyer with a fee. The fee must cover the seller’s actual outlay to deliver the goods to the buyer. Such a fee cannot be charged to buyers under the age of 18.
Warranty provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. Thus, a guarantee does not imply any limitations on the buyer’s right to claim and claims in the event of delay or deficiencies pursuant to items 9 and 10.
13. personal information
The person responsible for processing personal data collected is the seller. Unless the buyer agrees to anything else, the seller, in accordance with the Personal Data Act, can only collect and store the personal information that is necessary for the seller to be able to carry out the obligations under the agreement. The buyer’s personal information will only be disclosed to others if it is necessary for the seller to have the agreement with the buyer, or in the legal case.
14. Conflict Resolution
Complaints are addressed to the seller within a reasonable time, cf. paragraphs 9 and 10. The parties shall endeavor to resolve any disputes amicably. If this does not succeed, the buyer can contact the Consumer Council for mediation. The Consumer Council is available on telephone 23 400 500 or www.forbrukerradet.no.