Terms and Conditions
Introduction
This purchase is governed by the following standard terms and conditions for consumer purchases of goods over the Internet. Consumer purchases over the Internet are primarily regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act, all of which provide consumers with inalienable rights. These laws are available at [www.lovdata.no](http://www.lovdata.no). The terms of this agreement should not be interpreted as limiting the statutory rights of the consumer but outline the key rights and obligations of the parties involved in the transaction.
These terms and conditions have been prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these terms, refer to the Consumer Authority's guide here.
1. The Agreement
The agreement consists of these terms and conditions, the information provided in the ordering system, and any specially agreed terms. In case of conflict between the information provided, any special agreements between the parties take precedence unless they contradict mandatory legislation.
The agreement is also supplemented by relevant legal provisions regulating the purchase of goods between businesses and consumers.
2. The Parties
The seller is Devent (Devent Live AS, Movegen 35 - 2770 Jaren - Norway, Org.nr 934 222 989), hereinafter referred to as the seller. The buyer is the consumer who places the order, hereinafter referred to as the buyer.
3. Price
The stated price for goods and services is the total amount the buyer must pay. This price includes all taxes and additional costs. The buyer is not responsible for any additional costs that the seller has not informed them of before the purchase.
4. Conclusion of Agreement
The agreement becomes binding for both parties when the buyer has submitted their order to the seller. However, the agreement is not binding if there has been a typographical or clerical error in the seller's offer in the online ordering system or in the buyer's order, and the other party realized or should have realized that such an error had occurred.
5. Payment
The seller may demand payment for the goods from the time they are shipped from the seller to the buyer.
If the buyer uses a credit or debit card for payment, the seller may reserve the purchase amount on the card at the time of ordering. The card is charged the same day the item is shipped.
For payments made by invoice, the invoice is issued to the buyer upon shipment of the goods. The payment deadline is specified on the invoice and is a minimum of 14 days from receipt.
Buyers under the age of 18 cannot pay via a subsequent invoice.
6. Delivery
For ticket purchases/registrations, the service is considered delivered when the buyer has been allocated a spot at the event and a receipt has been generated. Registrations cannot be canceled.
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 system, the seller must deliver the goods to the buyer without undue delay and no later than 30 days after the customer’s order. The goods will be delivered to the buyer unless otherwise specifically agreed between the parties.
7. Risk for the Goods
The risk for the goods passes to the buyer when the buyer, or their representative, has taken delivery of the goods in accordance with section 6.
8. Right of Withdrawal
Tickets
Ticket purchases for cultural and sports events do not have a right of withdrawal. Forbrukerrådet.
Other Goods
Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw from the purchase in accordance with the Right of Withdrawal Act.
The buyer must notify the seller of the use of the right of withdrawal within 14 days from when the deadline begins. The deadline includes all calendar days. If the deadline falls on a Saturday, holiday, or public holiday, it is extended to the next working day.
The right of withdrawal is considered fulfilled if the notification is sent before the deadline expires. The buyer bears the burden of proof that the right of withdrawal has been exercised, so the notification should be made in writing (withdrawal form, email, or letter).
The right of withdrawal period begins:
- For the purchase of individual items, from the day after the item(s) is received.
- For subscriptions or regular delivery of identical items, from the day after the first shipment is received.
- For purchases consisting of multiple deliveries, from the day after the last delivery is received.
The right of withdrawal is extended to 12 months after the original deadline if the seller does not inform the buyer about the right of withdrawal and provide a standardized withdrawal form before the agreement is made. If the seller provides the required information within these 12 months, the right of withdrawal expires 14 days after the buyer received the information.
When exercising the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days from when the notification of withdrawal was given. The buyer is responsible for the direct costs of returning the goods unless otherwise agreed or if the seller has failed to inform the buyer that they must cover the return costs. The seller cannot impose a fee for the buyer's use of the right of withdrawal.
The seller must refund the purchase price to the buyer without undue delay and no later than 14 days after the seller received the 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.
9. Delay and Non-Delivery – Buyer’s Rights and Notification Deadline
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 part, the buyer may, in accordance with the provisions of the Consumer Purchases Act, Chapter 5, depending on the circumstances, withhold the purchase amount, demand fulfillment, cancel the agreement, and/or claim compensation from the seller.
For claims related to breaches of contract, notification should be made in writing (e.g., email) for evidentiary purposes.
Fulfillment The buyer may insist on the purchase and demand fulfillment from the seller. However, the buyer cannot demand fulfillment if there is an obstacle that the seller cannot overcome or if fulfillment would result in a significant inconvenience or cost to the seller that is disproportionate to the buyer's interest in having the seller fulfill the contract. If the difficulties are resolved within a reasonable time, the buyer may still demand fulfillment.
The buyer loses the right to demand fulfillment if they wait an unreasonable amount of time to assert the claim.
Cancellation If the seller does not deliver the goods at the agreed time, the buyer should request that the seller deliver within a reasonable grace period. If the seller fails to deliver the goods within the grace period, the buyer may cancel the purchase.
However, the buyer may cancel the purchase immediately if the seller refuses to deliver the goods. Similarly, if the delivery time was essential to the agreement or if the buyer informed the seller that the delivery time was crucial, the buyer may cancel the agreement without a grace period.
If the goods are delivered after the grace period set by the consumer or after the agreed delivery time, the buyer must assert a claim for cancellation within a reasonable time after being informed of the delivery.
Compensation The buyer may claim compensation for losses due to the delay. However, this does not apply if the seller can prove that the delay was due to an obstacle beyond the seller's control that could not reasonably have been anticipated at the time of the agreement, avoided, or overcome.
10. Defective Goods – Buyer’s Rights and Notification Deadline
If there is a defect in the goods, the buyer must notify the seller within a reasonable time after the defect was discovered or should have been discovered. The buyer has always acted within the deadline if the notification is made within 2 months of discovering the defect. 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 it is not due to the buyer or circumstances on the buyer's part, the buyer may, in accordance with the provisions of the Consumer Purchases Act, Chapter 6, depending on the circumstances, withhold the purchase amount, choose between repair or replacement, demand a price reduction, cancel the agreement, and/or claim compensation from the seller.
Complaints to the seller should be made in writing
Repair or Replacement The buyer may choose between demanding repair of the defect or delivery of a similar item. However, the seller may oppose the buyer's claim if fulfilling the demand is impossible or would result in unreasonable costs for the seller. Repair or replacement must be done within a reasonable time. The seller generally does not have the right to attempt more than two repairs for the same defect.
Price Reduction The buyer may demand a reasonable price reduction if the item is not repaired or replaced. This means that the relationship between the reduced price and the agreed price corresponds to the relationship between the item's value in its defective state and its value in a contractual state. If special reasons exist, the price reduction may instead correspond to the significance of the defect to the buyer.
Cancellation If the item is not repaired or replaced, the buyer may also cancel the purchase if the defect is not minor.
11. Seller’s Rights in Case of 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 part, the seller may, in accordance with the provisions of the Consumer Purchases Act, Chapter 9, depending on the circumstances, withhold the goods, demand fulfillment of the agreement, cancel the agreement, and claim compensation from the buyer. The seller may also, depending on the circumstances, claim interest on late payment, collection fees, and a reasonable fee for uncollected goods.
Fulfillment The seller may insist on the purchase and demand that the buyer pays the purchase amount. If the goods have not been delivered, the seller loses the right to demand fulfillment if they wait an unreasonable amount of time to assert the claim.
Cancellation The seller may cancel the agreement if there is significant payment default or other significant breach of contract by the buyer. However, the seller cannot cancel the agreement if the entire purchase amount has been paid. If the seller sets a reasonable grace period for fulfillment and the buyer does not pay within this period, the seller may cancel the purchase.
Interest on Late Payment/Collection Fee If the buyer does not pay the purchase amount according to the agreement, the seller may claim interest on the purchase amount in accordance with the Late Payment Interest Act. In case of non-payment, the claim may, after prior notice, be sent for collection. The buyer may then be held responsible for fees in accordance with the 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 not exceed the seller's actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age.
12. Warranty
Any 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 does not limit the buyer's right to make complaints or claims for delays or defects under sections 9 and 10.
13. Personal Data
The seller is responsible for the collected personal data. Unless the buyer consents to otherwise, the seller may, in accordance with the Personal Data Act, only collect and store personal data necessary for the seller to fulfill the obligations under the agreement. The buyer's personal data will only be disclosed to others if necessary for the seller to fulfill the agreement with the buyer, or in legally required cases.
14. Dispute Resolution
Complaints should be directed to the seller within a reasonable time, as outlined in sections 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 +47 23 400 500 or at www.forbrukerradet.no.