Sandviks AS Terms of Purchase and Delivery/Subscription
Introduction
Sandviks AS has several trademarks with their own web sites, such as goboken.se, mittabc.se, mitt123.se, minafakta.se, disneyklubben.se, twinsy.se, namnmarkning.se etc. A complete list of Sandviks Inc. trademarks can be found at www.sandviks.com.
This purchase is regulated by the sales terms below for purchase of products over the Internet. The terms of this agreement are not intended as any kind of limitation of the statutory rights, but as a summary of the contracting parties’ most important rights and obligations pertaining to the purchase.
1. Agreement
The agreement consists of these sales terms and the information given at the time of placing the order, as well as any existing special terms agreed upon. In case of conflict regarding this information, any special terms agreed upon by the contracting parties take precedence, as long as they are not contrary to legislation.
This agreement will be complemented with relevant legislation regulating transactions of products between business and buyer.
2. Contracting Parties
The Seller, for all trademarks listed in the introduction, is,
Sandviks AS,
Visting address: Strandsvingen 14B, 4032 Stavanger, Norge
Mailing address: Postboks 366 Forus, 4067 Stavanger, Norge
Email: kundeservice@sandviks.com,
Phone: +47 51440051,
VAT Number: 918 793 569 MVA,
which will henceforth be referred to as the Seller.
The buyer is the party placing the order, which will henceforth be referred to as the Buyer/Buyers.
3. Price
The stated price for the product or service is the total sum to be paid by the Buyer. This price includes all charges and additional costs. The Buyer is not to be charged with further costs not communicated by the Seller before the purchase.
4. Entering the Agreement
The agreement is binding for both parties when the Buyer has placed the order with the Seller.
The agreement is not binding in case of writing errors in the offer from the Seller at the web shop or in the Buyer’s order, and the other party realized or should have realized that there was such an error.
5. Terms of Subscription
If the purchase applies to a subscription, such as Goboken’s book club, the subscription will run until it is cancelled. Cancellation can be made on my page, or by contacting Sandviks customer service, see web site. There is no binding period unless otherwise settled at the time of the purchase.
6. Payment
The Seller can demand payment for the product from the time it is sent from the Seller to the Buyer.
If the Buyer uses a credit card or a charge card for payment, the Seller may reserve the purchase sum on the card when the order is placed. The card will be charged on the same day the product is sent or the service is made available.
In case of invoice payment, the invoice will be sent to the Buyer when the product is sent. Payment due date is stated on the invoice and will be at least 14 days from receiving the invoice.
In case of payment through a third party, for example PayPal, Stripe, Vipps or mCash, the purchase sum will be registered directly when the order is placed, and the third party’s terms will determine when the sum is to be paid. Sandviks Inc. always tries to minimize the time between order and delivery.
Buyers under the age of 18 cannot pay with a following invoice.
7. Delivery
Delivery is completed when the Buyer, or its representative, has received the goods or when the Buyer has been given access to the service in case the sale does not pertain to a physical product. If the time of delivery is not specified by the order, the Seller is to deliver the product to the Buyer without any apparent delay and maximum 30 days after completed order by the customer. The product is to be delivered to the Buyer unless there is a special agreement between the parties.
8. Responsibility for the Product
Responsibility for the product transfers to the Buyer when the Buyer, or its representative, has received the product in accordance with paragraph 6.
9. Return Policy
Unless the agreement excludes the right of withdrawal, the Buyer may withdraw the purchase of the product in accordance with the Distance Agreement Act.
If the Buyer wishes to exercise the right of withdrawal, the Buyer must let the Seller know within 14 days of the purchase. These 14 days include all calendar days. If the last day of withdrawal occurs on a Saturday, Sunday or holiday, the withdrawal period will be extended to the next week day.
The right of withdrawal is regarded as valid if notice is made before the withdrawal period has expired. The Buyer has burden of proof regarding how the withdrawal is carried out, and therefore notice should be given in writing (form on web site, email or letter).
The withdrawal period has begun when:
- For purchase of a product, the withdrawal period begins the day after the product has been delivered.
- For purchase of a subscription, or other regularly recurring deliveries of identical products, the withdrawal period begins the day after the first delivery is made.
- If the purchase consists of more than one delivery, the withdrawal period starts the day after the last delivery is made.
The withdrawal period will be extended to 12 months after the regular withdrawal period has expired, if the Seller upon entering the agreement does not inform the Buyer of the existence of the right of withdrawal and a standardized form. The same thing applies in case of failure to inform about terms or time periods, or about how to exercise the right of withdrawal. If the business makes this information available within these 12 months, the period of withdrawal starts the day after the Buyer receives the information, and the period is 14 days.
If the right of withdrawal is exercised, the product must be delivered back to the Seller without unnecessary delay and maximum 14 days after notice of withdrawal has been given. The Buyer covers the direct costs in connection with returning the product, unless nothing else is agreed upon or in case the Seller has neglected to communicate that the Buyer is to cover the returning costs. The Seller cannot charge anything for the Buyer’s use of the right of withdrawal.
The Buyer may try and test the product cautiously to determine the nature, quality and function of the product without forfeiting the right of withdrawal. If this trying or testing of the product exceeds what is justifiable and necessary, the Buyer may be held accountable for any reduction of the product’s value.
The Seller is under obligation to repay the purchase sum to the Buyer without unnecessary delay, and maximum 14 days from the Seller receiving notice of the Buyer’s decision to exercise the right of withdrawal. The Seller has the right to hold the repayment until the Seller has received the product from the Buyer, or until the Buyer has provided documents verifying that the product has been sent back.
10. Delay or Delivery Failure – the Buyer’s Rights and Claims Period
If the Seller does not deliver the product or delivers it late in relation to the agreement between the contracting parties, and this is not attributable to the Buyer, the Buyer may claim damages, cancel the purchase and/or claim compensation from the Seller.
In case of claims from the Buyer, these claims should be made in writing (for example email) for proof purposes.
Claiming Damages
The Buyer may claim damages from the Seller. However, the Buyer may not do so if there is an obstacle that the Seller cannot overcome, or if the damages would introduce such a cost for the Seller which exceeds what could be considered reasonable.
The Buyer loses the right to claiming damages if he or she waits unreasonably long to make the claim.
Cancelling the Purchase
If the Seller does not deliver the product by the delivery date, the Buyer is to ask the Seller for a reasonable extension of the claims period. If the Seller fails to deliver within this period as well, the Buyer may cancel the purchase.
The Buyer may cancel the purchase immediately if the Seller refuses to deliver the product. The same thing applies in case delivery at the appointed time was crucial to entering the agreement, or if the Buyer has let the Seller know that the time of delivery was crucial.
If the product is delivered after the extended period has expired, cancelling claims must be made within reasonable time after the Buyer has been made aware of the delivery.
Compensation
The Buyer may claim compensation for problems caused by the delay. This does not apply when the Seller has demonstrated that the reasons for the delay were beyond the Seller’s control or not reasonably foreseeable at the time of entering the agreement.
11. Faulty Product – the Buyer’s Rights and Period of Complaint
If the product is faulty in any way, the Buyer must contact the Seller and call this to attention within reasonable time of discovery. The Buyer always has the right of complaint if it takes place within two months after the deficiency was or should have been discovered. Complaint is possible maximum two years after the Buyer receives the product. If the product or part of the product is meant to function for more than two years, the period of complaint is five years.
If the product is faulty and this is not attributable to the Buyer or circumstances on the Buyer’s side, the Buyer may claim repayment of the purchase sum, choose a new delivery, demand price reduction, demand cancellation of the agreement and/or claim compensation from the Seller.
Complaint to the Seller should be made in writing.
New Delivery
The Buyer may choose to receive a new delivery. However, the Seller may oppose the Buyer’s demand in case the demand is unreasonable or could cause the Seller unreasonable costs.
Price Reduction
The Buyer may claim an appropriate price reduction if the product is not replaced or re-delivered. This means that the relation between reduced and agreed price corresponds to the relation between values of the product in a reasonable way. If there are special reasons for it, the price reduction can be set in relation to the significance of the occasion for the Buyer.
Cancellation
If the right product is not delivered, the Buyer may cancel the purchase.
12. The Seller’s Rights in Case of Failure on the Buyer’s Part
If the Buyer does not pay or fulfil other duties according to the agreement or the law, and this cannot be attributed to the Seller or to circumstances on the Seller’s side, the Seller may demand that the product be returned, demand that the agreement is fulfilled, demand that the agreement is cancelled, and demand compensation from the Buyer. The Seller may also, according to the circumstances, demand a rate of interest in case of late payment or debt collection demands, and charge a reasonable cost if delivered products are not collected.
Fulfillment
The Seller may insist on the purchase and demand that the Buyer pay the purchase sum. If the product is not delivered, the Seller loses its right to do so if he or she waits unreasonably long to make the claim.
Cancellation
The Seller may cancel the agreement in case of considerable payment deficiencies or other failures on the Buyer’s part. The Seller cannot cancel the purchase if the whole purchase sum has been payed. If the Seller appoints a reasonable extended period for this purpose and the Buyer does not pay within this period, the Seller may cancel the purchase.
Interest in Case of Delayed Payment/Debt Collection
If the Buyer does not pay the purchase sum in accordance with the agreement, the Seller may claim interest on the purchase sum. Upon default of payment, this claim can, after the Buyer has been informed, be sent to the Buyer who then becomes responsible for these costs.
Costs for Non-Collected Products (Not Paid in Advance)
If the Buyer does not collect unpaid goods, the Seller may charge the Buyer with costs. These costs may at a maximum cover the Seller’s actual expenses for delivering the product to the Buyer. Such a cost cannot be charged to buyers under the age of 18.
13. Warranty
Warranty issued by the Seller or producer gives the Buyer rights. A warranty does not mean any limitations to the Buyer’s right of complaint or claims in case of delay, see paragraph 9 and 10.
14. Personal Data
The Seller is responsible for the treatment of collected personal data. If the Buyer consents, the Seller may, in accordance with the Personal Data Act, collect and store the personal data necessary for the Seller to fulfil its own part of the agreement. The Buyer’s personal data can be delivered to others if it is necessary for the Seller’s ability to fulfil the agreement with the Buyer, or under other circumstances supported by law.
Sandviks stores credit card information with a certified third part, currently www.Dibs.no, to facilitate future orders for the Buyer. For subscription, Sandviks also offers a solution with automatic debit via credit card whereas the Buyer has specifically consented to this.
The Buyer has full insight and is able to change data and credit cards through mypage. To delete one’s personal data completely, contact Sandviks at kundservice@sandviks.com or by phone.
15. Settlement of Complaints
Complaints should be made to the Seller within reasonable time, see paragraph 9 and 10. The contracting parties should try to solve any disputes on their own. If they fail to do so, the Buyer can contact The National Board for Consumer Disputes in their country for help:
- Allmänna reklamationsnämnden (Sweden) is reached by phone number 08-508 860 00 or at www.arn.se.
- Forbrukerrådet (Norway) phone number 23 400 500 or www.forbrukerradet.no.
- Kilpailu- ja kuluttajavirastoon (Finland) kkv.fi or phone number 029 553 6901.
