This purchase is governed by Norwegian Law.
The following standard terms of sale for consumer purchases of goods over the internet apply for all Norwegian customers defined as consumers (not business customers). The terms will apply as far as reasonable also for foreign customers. Consumer purchases over the Internet are mainly regulated by the Agreements Act, the Consumer Purchases Act, the Marketing Act, the Undertaking Act and the Ecommerce Act, and these laws give the consumer essential 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 set forth the principal rights and obligations of the parties to the trade.
The terms of sale have been prepared and recommended by the Norwegian Consumer Authority.
- The Agreement
The agreement consists of these terms of sale, information given in the order solution and any specially agreed terms. In the event of a conflict between the information, what is specifically agreed between the parties will prevail, unless it is contrary to mandatory legislation.
The agreement will also be complemented by relevant legal provisions regulating the purchase of goods between traders and consumers.
- The parties
The seller is PILLOW by Iverify AS, Biskop Gunnerus gate 14, 0184 Oslo, Norway, firstname.lastname@example.org, Org.no 818654642MVA, and is hereinafter referred to as “the seller” / “seller”.
The buyer is the consumer who places the order and is hereinafter referred to as “the buyer” / “buyer”.
- Price, customs, handling-fees and VAT
Price, fees and VAT within Norway
The price quoted for the goods and services is the total price the buyer must pay to the company for goods delivered in Norway. For international sales, please read below. This price includes all fees and additional costs in Norway, but not abroad. The buyer shall not bear additional costs that the seller has not informed about before the purchase on delivereies within Norwegian boarders.
Price, customs, handling-fees and VAT on international orders
As an online buyer of products from another country than Norway you are obliged to comply with laws and regulations related to customs duties, handling-fees and VAT (Value Added Tax) in your country of residence or in the country to which you order the shipment sent to. Customs, handling-fees, and VAT will be due upon receipt of the package, and will be invoiced separately by you customs handling agent or by tax authorities.
Please note that you, as a customer, is fully responsible for checking and paying all customs, handling fees and VAT upon order and collection of the goods ordered. Neither the organisation behind Pillow nor iVerify as a company is responsible for any packages being held by international customs agencies. It is also not Pillow’s employees’ nor iVerify’s responsibility to make customers aware of these agencies and their prices, fees and taxes imposed on the import of goods. Please check with your country’s customs office and/or tax authorities to determine their procedures and potential charges before you make an order.
- Entering into an agreement
The agreement is binding for both parties once the buyer has sent his order to the seller.
However, the agreement is not binding if there is a typo or typo 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.
The seller may claim payment for the item from the time it is ordered and/or shipped from the seller to the buyer.
If the buyer uses a credit or debit card on payment, the seller can reserve the purchase price on the card when ordering. The card will be charged the same day the item is ordered and/or shipped.
When paying by invoice, the invoice to the buyer is issued upon order and/or shipment of the item. The payment deadline is stated on the invoice and normally 14 days from receipt.
Buyers under 18 cannot order or pay by invoice.
Delivery is made when the buyer, or his representative, has taken over the item.
If delivery time is not stated in the ordering solution or by other means of notification, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the order from and/or payment by the customer. The goods shall be delivered to the buyer unless otherwise agreed between the parties.
- The risk of the item
The risk of the goods passes over to the buyer when he/she, or his/her representative, has the goods delivered in accordance with item 6.
- Right of cancellation and return policy
Unless the agreement is exempt from the right of cancellation, the buyer may regret the purchase of the goods in accordance with the right of cancellation.
The buyer must notify the seller of his/her intention to utilize the right of cancellation within 14 days from the date of delivery. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday or public holiday, the deadline is extended to the nearest working day.
The right of cancellation period is considered to be complied with if a message is sent before the expiry of the deadline. The buyer has the burden of proof that the right of cancellation has been invoked, and the notification should therefore be in writing (withdrawal form, e-mail or letter).
When purchasing individual items, the right to cancellation period will run from the day the item (s) is received. If the purchase consists of several deliveries, the withdrawal period will run from the day after the last delivery is received.
The right of cancellation period will be extended to 12 months after the expiry of the original deadline if the seller does not state in terms and conditions or otherwise, prior to the conclusion of the agreement, that there is a right of cancellation. The same applies if there is a lack of information on terms, deadlines and procedures for using the right of cancellation. However, if the seller provides the information during these 12 months, the right of cancellation period will expire 14 days after the date the buyer received the information.
When using the right of cancellation, the item must be returned to the seller without undue delay and no later than 14 days from notification of use of the right of withdrawal. The buyer will cover the direct costs of returning the item, unless otherwise agreed.
The goods must be unsealed and the packaging unbroken in order for the buyer to employ the right of cancellation according to these terms.
The seller is obliged to repay the purchase price to the buyer without undue delay, and within 14 days from the seller was notified of the buyer’s decision to exercise the right of withdrawal. The seller is entitled to withhold payment until he has received the goods from the buyer.
- Delay and failure to deliver – buyers’ rights and deadline for reporting claims
If the seller does not deliver the goods or delivers it too late in accordance with the agreement between the parties, and this is not due “force majeure” conditions outside the control of the seller, or circumstances on the part of the buyer, the buyer may, according to the rules in Chapter 5 of the Consumer Purchase Act, withhold the purchase price, demand fulfillment, cancel the agreement and / or claim refund from the seller.
In the event of a claim for breach of authority, the statement of evidence should be in writing (for example, e-mail).
The buyer can maintain the purchase and demand fulfillment from the seller. However, the buyer cannot claim fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment will cause such a great disadvantage or cost to the seller that there is a significant disproportion to the buyer’s interest in the seller. Should the difficulties fall away within a reasonable time, the buyer may still require fulfillment.
The buyer loses his right to demand fulfillment if he or she waits unreasonably long to advance the claim.
If the seller fails to deliver the goods by the agreed time of delivery, the buyer shall encourage the seller to deliver within a reasonable additional deadline for fulfillment. If the seller fails to deliver the goods within the additional deadline, the buyer may cancel the purchase, unless there is a conditons of force majeure.
The buyer can cancel the purchase immediately if the seller refuses to deliver the item. The same applies if delivery at the agreed time was crucial for the conclusion of the agreement, or if the buyer has informed the seller that the delivery time is crucial.
If the item is delivered after the additional deadline the consumer has set or after the delivery date which was decisive for the conclusion of the agreement, a claim for cancellation must be made within a reasonable time after the buyer was informed of the delivery.
- Deficiency of the item – the buyer’s rights and the deadline for the complaint
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 must notify the seller within 2 months from the defect was discovered or should have been discovered. Other complaints can, however, be made within two years of the buyer taking over the item. If the item or part of it is intended to last for significantly longer than two years, the time limit for the complaint is five years.
If the item has a defect and this is not due to the buyer or circumstances on the part of the buyer, the buyer may, according to the rules of the Consumer Purchase Act, Chapter 6 withhold the purchase price, choose between rectification and delivery, demand a price reduction, demand the agreement cancelled and redeemed from seller.
Complaints to the seller should be made in writing.
Correction or redelivery
The buyer can choose between demanding the defect corrected or delivery of similar items. However, the seller may object to the buyer’s claim if the execution of the claim is impossible or the seller incurs unreasonable costs. Correction or delivery must be made within a reasonable time. The seller is basically not entitled to make more than two remedial attempts for the same defect.
The buyer may claim an appropriate price reduction if the item is not corrected or shipped. This means that the ratio between the discounted and the agreed price corresponds to the ratio between the value of the thing in defective and contractual condition. If there are specific reasons for this, the price reduction can instead be set equal to the lack of significance for the buyer.
Right of cancellation
If the item is not corrected or delivered, the buyer has the right to cancel the purchase unless the defect is insignificant.
- The seller’s rights in the event of the buyer’s default
If the buyer fails to pay or fulfill the other obligations under the agreement or the law, and this is not due to the seller or circumstances on the part of the seller, the seller may, according to the rules of the Consumer Purchase Act Chapter 9 withhold the goods, demand fulfillment of the agreement, demand the agreement terminated and claim compensation from the buyer. The seller may also, according to the circumstances, be able to claim interest on late payment, collection fees and a reasonable fee for uncollected goods.
The seller can maintain the purchase and demand that the buyer pay the purchase price. If the item is not delivered, the seller loses his right if he waits unreasonably long to promote the claim.
Right of cancellation
The Seller may terminate the Agreement if there is a substantial payment default or other material breach on the part of the Buyer. However, the seller cannot withdraw if the entire purchase price is paid. If the seller determines a reasonable additional deadline for fulfillment and the buyer does not pay within this deadline, the seller can cancel the purchase.
Interest on late payment / collection fee
If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price in accordance with the delay interest law. In the event of non-payment, the claim, after prior notice, can be sent to the Buyer can then be held responsible for fees under the Debt Collection Act.
Fee for uncollected unpaid goods
If the buyer fails to collect unpaid goods, the seller may charge the buyer with a fee. The fee shall cover at most the seller’s actual outlay to deliver the item to the buyer. Such a fee cannot be charged to buyers under 18 years of age.
Warranty given by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory law. A guarantee therefore does not impose any restrictions on the buyer’s right to complaint and claims in the event of delays or deficiencies under points 9 and 10.
- Personal Information
Seller is responsible for processing personal data which is collected. Unless the Buyer consents to anything else, in accordance with the Personal Data Act, the Seller may only collect and store the personal information necessary for the Seller 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 execute the agreement with the Buyer, or in statutory cases.
- Conflict Resolution
Complaints shall be addressed to the seller within a reasonable time, cf. paragraphs 9 and 10. The parties shall endeavor to resolve any disputes in amicable terms. If this fails, the buyer can contact the Consumer Council for mediation. The Consumer Council is available on tel. +47 23 400 500 or www.forbrukerradet.no.
The European Commission’s complaint portal can also be used if you wish to file a complaint. This is particularly relevant if you are a consumer resident in another EU country. The complaint is filed here: http://ec.europa.eu/odr.