Terms and Conditions of Sale
1. The Agreement
The agreement consists of these terms of sale, information provided in the order solution, and any separately agreed terms. In case of conflict, the separately agreed terms between the parties take precedence, unless they contradict mandatory legislation.
The agreement is supplemented by relevant legal provisions governing the purchase of goods between businesses and consumers.
2. The Parties
The seller is Rokkvika Porselensfabrikk, Steineveien 16, post@rokkvikaporselensfabrikk.no, org. no. 820428382, hereinafter referred to as the seller.
The buyer is the consumer who places the order and will hereinafter be referred to as the buyer.
3. Price
The stated price for goods and services is the total price the buyer shall pay. This price includes all taxes and additional costs. The buyer shall not incur any further costs unless they were informed by the seller prior to purchase.
4. Formation of Contract
The agreement is binding for both parties once the buyer has submitted their order to the seller.
The agreement is not binding if there is a typographical or input error in the seller’s offer in the online store or the buyer’s order, and the other party realized or should have realized that such an error existed.
5. Payment
The seller may charge for the goods once they are dispatched from the seller to the buyer.
If the buyer pays with a credit or debit card, the seller may reserve the purchase amount on the card at the time of ordering. The card will be charged the same day the item is shipped.
For invoice payments, the invoice is issued to the buyer upon shipment. The payment due date will appear on the invoice and will be at least 14 days from receipt.
Buyers under 18 years of age may not pay by invoice.
6. Delivery
Delivery is considered completed when the buyer, or their representative, has received the item.
If no delivery time is specified in the order solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days from the customer’s order. The item shall be delivered to the buyer unless otherwise specifically agreed by the parties.
7. Risk of Goods
The risk for the goods passes to the buyer when they, or their representative, have received the goods in accordance with section 6.
8. Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw from the purchase of the goods under the Consumer Contracts Act.
The buyer must notify the seller of their intent to exercise the right of withdrawal within 14 days. This period includes all calendar days. If the deadline falls on a Saturday, public holiday, or 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 and the notice should be in writing (withdrawal form, email, or letter).
The withdrawal period starts:
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For individual goods: the day after the item(s) are received.
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For subscriptions or regular deliveries: the day after the first delivery is received.
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For multiple deliveries: the day after the final delivery is received.
If the seller fails to inform the buyer of their right of withdrawal and the standard withdrawal form, the period extends to 12 months. If the information is provided within these 12 months, the deadline is 14 days from 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 the notice. The buyer covers the direct return costs unless otherwise agreed or the seller failed to inform the buyer of this obligation. The seller may not charge a fee for exercising the right of withdrawal.
The buyer may test or examine the goods to determine their nature, characteristics, and functioning. If testing exceeds what is reasonable, the buyer may be liable for any reduction in value.
The seller is obliged to refund the purchase amount without undue delay, and no later than 14 days after being notified of the buyer’s decision. The seller may withhold the refund until the goods are received or until the buyer provides proof of return.
9. Delay and Non-delivery – Buyer’s Rights and Time Limits for Complaints
If the seller fails to deliver the goods on time or not at all, and it is not due to the buyer, the buyer may under the Consumer Purchase Act hold payment, demand fulfillment, terminate the agreement, and/or claim damages.
Claims should be made in writing (e.g., by email) for documentation purposes.
Fulfillment: The buyer may demand that the purchase be completed unless impossible or disproportionately burdensome for the seller. If the issue resolves within a reasonable time, the buyer may still demand fulfillment.
Termination: If delivery does not occur by the agreed time, the buyer must give the seller a reasonable additional time. If the seller still fails to deliver, the buyer may terminate the agreement.
The buyer may terminate immediately if the seller refuses to deliver or if timely delivery was essential. The claim must be made within a reasonable time after becoming aware of the delivery.
Compensation: The buyer may claim damages for losses due to the delay unless the delay was caused by uncontrollable circumstances.
10. Defective Goods – Buyer’s Rights and Complaint Deadlines
If the goods are defective, the buyer must notify the seller within a reasonable time. A complaint is always timely if made within 2 months. The final deadline is 2 years from delivery, or 5 years if the goods are intended to last significantly longer.
If the item is defective and not due to the buyer, they may withhold payment, demand correction or replacement, claim a price reduction, terminate the agreement, and/or claim damages.
Correction or Replacement: The buyer may demand correction or a new item unless it is impossible or disproportionately costly. The seller is normally not entitled to more than two attempts.
Price Reduction: The buyer may claim a proportionate reduction if correction or replacement is not provided.
Termination: If the defect is not resolved and is not minor, the buyer may terminate the purchase.
11. Seller’s Rights in Case of Buyer’s Default
If the buyer fails to pay or breaches other obligations, the seller may withhold delivery, demand performance, terminate the agreement, or claim damages. Interest, collection fees, and a fee for uncollected items may also apply.
Performance: The seller may demand payment unless they wait unreasonably long.
Termination: The seller may terminate for material breach. If a grace period is given and the buyer still fails, the seller may terminate.
Interest/Collection: Interest may be charged under the Late Payment Interest Act. Collection fees apply after due notice.
Uncollected Goods: A fee may be charged for uncollected, non-prepaid items to cover the seller’s actual costs. This does not apply to buyers under 18.
12. Warranty
Any warranty provided adds to the buyer’s statutory rights and does not limit their right to complain under Sections 9 and 10.
13. Personal Data
The seller is the data controller for collected personal data. Unless the buyer consents otherwise, the seller may only collect and store the data necessary to fulfill the agreement. Personal data is only shared if required to fulfill the agreement or by law.
14. Dispute Resolution
Complaints should be directed to the seller in a timely manner (see Sections 9 and 10). Parties should attempt to resolve disputes amicably. If not successful, the buyer may contact the Consumer Council at www.forbrukerradet.no.
The EU Commission’s complaint portal may also be used: http://ec.europa.eu/odr