These terms are translated from the original Norwegian text. TactX is a Norwegian online store, and all goods are shipped from Norway. In the event of a dispute, the original Norwegian version of these terms and conditions shall be used as the basis for legal assessments of the content and understanding of the agreement.
Introduction
This purchase is governed by the following standard terms and conditions of sale for consumer purchases of goods over the Internet. Consumer purchases are defined here as the sale of goods to consumers who do not primarily act as part of a commercial activity, and when the seller acts in a commercial capacity with the sale of goods over the Internet. The contract has been prepared and recommended for use by the Consumer Ombudsman. Consumer purchases over the Internet are mainly regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Cancellation Act and the E-Commerce Act, and these laws give consumers mandatory rights. The terms of the contract should not be understood as a limitation of the statutory rights, but set out the parties' most important 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 legal provisions.
1. The agreement
The contract 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, among other things, information about the nature, quantity, quality, other characteristics, price and delivery terms of the goods), any direct correspondence between the parties (such as e-mail) and these terms of sale. In the event of a conflict between the information provided by the seller about the purchase in the order solution in the online store, direct correspondence between the parties and the terms of the terms of sale, direct correspondence between the parties and the information provided in the order solution take precedence over the terms of sale, insofar as this does not conflict with binding legislation.
2. The parties
Seller:
Company name: Rygir AS
Contact address: Muségata 46, 4010 Stavanger
E-mail: kontakt@tactx.no
Organization number: 926035096
The buyer is the person who places the order.
3. Prices
The prices stated in the online store include VAT. In the international version of the online store, prices may be stated exclusive of VAT. The total costs to be paid by the Buyer, including all taxes, will be stated in the order solution before the order is completed. The Seller reserves the right to correct pricing errors that are due to technical errors, system limitations or significant deviations from recommended prices. The Seller is not obliged to deliver goods at incorrect prices unless the goods have a clearly stated discounted price.
4. 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 has been a typing or typing 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 an error.
5. Order confirmation
When the Seller has received 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 checks that the order confirmation matches the order in terms of quantity, product type, price, etc. If there is no correspondence between the order and the order confirmation, the buyer should contact the seller as soon as possible.
6. Payment
The Seller may demand payment for the goods from the time they are sent from the Seller to the Buyer. If the Buyer uses a credit card or debit card for payment, the Seller may reserve the purchase price on the card at the time of the order for up to 4 days from the order. A credit card is a payment card where the settlement for the purchase takes place afterwards by the creditor (credit card company) sending the cardholder an invoice demanding payment. A debit card is a payment card linked to a deposit account. When the card is used, the user's account is debited and the amount is transferred to the payee's account. In the event of payment by credit card, the Act on Credit Purchases etc. will apply. If the seller offers subsequent invoicing, the invoice to the buyer shall be issued upon shipment of the goods. The due date shall be set at a minimum of 14 days from the buyer receiving the shipment. If the seller has a special need to require advance payment from the buyer, for example in the case of a ready-made purchase, the seller may require this. Buyers who are under the age of 18 can pay by having a guardian or other adult person make the transaction for them.
7. Delivery etc.
TactX.no delivers to all of Norway and some other countries. Delivery of the item from TactX.no to the buyer takes place in the manner, at the place and at the time specified in the ordering solution in the online store.
Delivery time is usually between 1-4 working days after the order has been paid. To destinations abroad, the delivery time is up to 4 weeks. During periods of heavy traffic or unforeseen events in the logistics chain outside of sellers control, the delivery time may increase. Posten/Bring, Postnord and UPS is the seller's preferred transport supplier, but other transport suppliers may be used depending on availability and cost. If the delivery time is not stated in the ordering solution, TactX.no shall deliver the goods to the buyer within a reasonable time and no later than 30 days after the order from the customer. TactX.no is obliged to have the goods transported to the destination in a suitable manner and on the usual terms for such transportation. The destination is at the buyer's premises unless otherwise specifically agreed between the parties.
If the customer has chosen delivery to a mailbox or parcel machine, TactX.no reserves the right to change the delivery method if it is not practically possible to pack the goods in a size that fits the chosen delivery option. In such cases, the goods will be sent to the nearest delivery point or other suitable delivery method, depending on available options. The Customer will receive information about the changed delivery method if such an adjustment is necessary.
8. Risk for the goods
The risk for the item passes to the buyer when the item is taken over by the buyer in accordance with the agreement. If the delivery time has arrived and the buyer fails to take over an item that has been placed at his or her disposal under the agreement, the buyer still bears the risk of loss or damage due to the characteristics of the item itself.
9. Right of withdrawal
The buyer may cancel the purchase of the goods in accordance with the provisions of the Cancellation Act. The right of withdrawal means that the buyer can return the item to the seller without reason even if there is no defect in it and even if it has not been delivered. The buyer must notify TactX.no of the use of the right of withdrawal within 14 days of receiving the goods, the prescribed information about the right of withdrawal and the withdrawal form. Notify us by sending an e-mail to kontakt@tactx.no. If the buyer receives the withdrawal form and the necessary information at a later date than the delivery of the goods, the withdrawal period begins to run from the day the buyer receives the withdrawal form and information. The notification from the buyer to TactX.no about the use of the right of withdrawal should be in writing (withdrawal form, e-mail, fax or letter), and it must contain information about how the buyer will return the item to us. When using the right of withdrawal, the item must be returned to TactX.no within a reasonable time. We are obliged to refund the full purchase price to the buyer within 14 days from the day we receive the item or collection note or the item is made available to us. We cannot set fees for the buyer's use of the right of withdrawal, but can require the buyer to pay the cost of the return shipment. The buyer can examine the product before he or she cancels the purchase. However, the product must be able to be returned to TactX.no in virtually the same condition as it was in when the buyer received it. The buyer must send the item back to us in the original packaging. The buyer cannot regret the purchase of goods that deteriorate quickly or goods that by their nature cannot be returned.
10. The buyer's rights in the event of delay
If the seller does not deliver the goods or delivers them too late in accordance with 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 Chapter 5 of the Consumer Purchase Act, under the circumstances withhold the purchase price, demand fulfillment, terminate the agreement and claim compensation from the seller.
Fulfillment: If the seller does not deliver the goods at the time of delivery, the buyer can retain the purchase and set a reasonable deadline for fulfillment from the seller. However, the buyer may not demand performance if there is an obstacle that the seller cannot overcome or if performance would entail such great inconvenience or cost for the seller that it is significantly disproportionate to the buyer's interest in the seller's performance. If the difficulties are overcome within a reasonable time, the consumer may demand performance.
Cancellation: The buyer may terminate the agreement with the seller if the delay is significant or if the seller fails to deliver the goods within the additional deadline for performance set by the buyer. However, the buyer may not terminate the agreement while the additional deadline is running, unless the seller has said that he or she will not fulfill within the deadline.
Compensation: The buyer may also claim compensation for losses he or she suffers as a result of the seller's delay, cf. section 24 of the Consumer Purchase Act.
11. Complaints in the event of defects and deadline for notifying claims in the event of delays
If there is a defect in the goods, the buyer must notify the seller within a reasonable time of discovering the defect that he or she intends to invoke the defect. The deadline can never be shorter than two months from the time when the consumer discovered the defect. However, the complaint must be made no later than two years after the buyer took possession of the goods. If the goods or parts of the goods are intended to last significantly longer, the complaint period is five years.
In the event of delay, a claim must be made to the seller within a reasonable time after the delivery time has arrived and the goods have not been delivered.
If the goods have been paid for by credit card, the buyer can also choose to make a complaint and submit a claim directly to the credit provider (the credit card company).
The notification to the seller or credit provider should be in writing (e-mail, fax or letter). Act of June 21, 1985 no. 82 on credit purchases etc. § 8.
The buyer's rights in the event of a defect: If the goods have a defect and this is not due to the buyer or circumstances on the buyer's side, the buyer may, in accordance with the rules in Chapter 6 of the Consumer Purchase Act, under the circumstances withhold the purchase price, choose between rectification and redelivery, demand a price reduction, demand termination of the agreement and compensation from the seller.
Rectification or replacement: If the goods have a defect, the buyer can demand that the seller rectifies the defect or redelivers equivalent goods. The seller may oppose the buyer's claim if the implementation of the claim is impossible or causes the seller unreasonable costs. The seller shall carry out the rectification or replacement within a reasonable time. Rectification or replacement shall be carried out at no cost to the buyer, without the risk that the buyer will not be reimbursed for its expenses and without significant inconvenience to the buyer. The Seller may not make more than two attempts at rectification or replacement for the same defect, unless there are special reasons why further attempts are reasonable. Even if the buyer demands neither rectification nor replacement, the seller may offer rectification or replacement if this takes place without delay. If the seller arranges for such rectification or replacement, the buyer cannot demand a price reduction or rescission.
Price reduction: If the defect is not rectified or replaced, the buyer may claim a proportionate price reduction.
- Cancellation: Instead of a price reduction, the buyer may terminate the contract, except when the defect is immaterial.
- Compensation: The buyer may also claim compensation for financial loss he or she suffers as a result of the goods having a defect, cf. section 33 of the Consumer Purchase Act.
The Buyer must notify the Seller of a claim in the event of a complaint, cf. section 10 of this contract. The rules on complaints apply in addition to, and independently of, the rules on the right of withdrawal and any guarantees provided by the Seller. In the event of a complaint, a refund will be made within 14 days.
12. TactX.no's rights in the event of the buyer's default
If the buyer does not pay or fulfill the other obligations under the agreement, and this is not due to TactX.no or circumstances on our side, we may, in accordance with the rules in Chapter 9 of the Consumer Purchase Act, under the circumstances, retain the goods, demand fulfillment of the agreement, demand termination of the agreement and compensation from the buyer. TactX.no may also, under the circumstances, be able to charge interest on late payment, collection fees and fees for non-prepaid unclaimed goods. Fulfillment: If the buyer does not pay, we may retain the purchase and require the buyer to pay the purchase price (fulfillment). If the goods are not delivered, we lose our right if he waits an unreasonably long time to make the claim. Cancellation: In the event of significant payment default or other significant default by the buyer, TactX.no may terminate the agreement. However, we cannot cancel after the purchase price has been paid. TactX.no may also terminate the purchase if the buyer does not pay within a reasonable additional deadline for fulfillment set by the seller. However, we cannot cancel while the additional deadline is running, unless the buyer has said that he or she will not pay. Compensation: TactX.no may claim compensation from the buyer for financial loss he or she suffers as a result of breach of contract on the part of the buyer, cf. Section 46 of the Consumer Purchase Act. Interest on late payment/collection fees: If the buyer does not pay the purchase price in accordance with the agreement, TactX.no may charge interest on the purchase price in accordance with the Interest on Late Payment Act. In the event of non-payment, the claim may, after prior notice, be sent to debt collection, and the buyer may then be held liable for fees in accordance with the Act on Debt Collection and other collection of overdue monetary claims. Fee for uncollected non-prepaid goods: If the buyer fails to collect unpaid goods, TactX.no may charge the buyer a fee of SEK + shipping round trip. The fee shall cover a maximum of our actual expenses for delivering the item to the buyer. Such a fee cannot be charged to buyers under the age of 18.
13. Personal data
Unless the buyer agrees otherwise, TactX.no can only collect and store the personal information necessary for us to fulfill our obligations under the agreement. The personal data of buyers under the age of 15 may not be collected unless the seller has the consent of parents or guardians. The buyer's personal data shall only be disclosed to others if it is necessary for the seller to carry out the agreement with the buyer, or in statutory cases. TactX.no can only obtain the buyer's social security number if there is a legitimate need for secure identification and such collection is necessary. If TactX.no wants to use the buyer's personal information for other purposes, for example to send the buyer advertising or information beyond what is necessary to complete the agreement, we must obtain the buyer's consent at the conclusion of the agreement.
TactX.no must provide the buyer with information about what the personal data will be used for and who will use the personal data. The buyer's consent must be voluntary and given by an active action, such as checking a box. The buyer must be able to easily contact us, for example by telephone or e-mail, if he or she has questions about our use of personal data or if he or she wants us to delete or change the personal data.
14. Dispute resolution
The parties shall attempt to resolve any disputes amicably. The Buyer may contact the Consumer Council for assistance in any dispute with TactX.no. 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 Committee.13 Decisions by the Consumer Disputes Committee are enforceable four weeks after notification. Before the decision is final, the parties may, by submitting a summons to the Consumer Disputes Committee, bring the decision before the district court.