Terms

 

The agreement consists of these terms of sale, information provided in the ordering solution, and any specifically agreed-upon terms. In the event of a conflict between the information, specifically agreed-upon terms between the parties take precedence, provided they do not conflict with mandatory legislation.

The agreement will also be supplemented by relevant legal provisions governing the sale of goods between businesses and consumers.

The seller is 

Hardbarka Design

Vallaveien 25, 8890 Leirfjord

Org. no: 929 021 304929021304929021304

Email: hei@hardbarkadesign.no

And is hereinafter referred to as the seller.

The buyer is the consumer who places the order, and is hereinafter referred to as the buyer.

The stated price for the goods and services is the total price the buyer shall pay. This price includes all taxes and additional costs. The buyer shall not bear any additional costs that the seller has not informed them about before the purchase.

The agreement is binding for both parties when the buyer has sent their order to the seller.

However, the agreement is not binding if there have been typing or printing errors in the offer from the seller in the online store's ordering solution or in the buyer's order, and the other party realized or should have realized that such an error existed.

The seller may demand payment for the item from the time it is dispatched 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 upon ordering. The card will be charged on the same day the item is shipped.

For invoice payments, the invoice to the buyer will be issued upon dispatch of the item. The payment deadline is stated on the invoice and is a minimum of 7 days from receipt.

Buyers under 18 years of age cannot pay with a subsequent invoice.

Delivery has taken place when the buyer, or their representative, has taken possession of the item.

Unless a delivery time is specified in the ordering solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the customer's order. The goods shall be delivered to the buyer unless otherwise specifically agreed upon by the parties.

For custom-ordered items, separate terms apply; please refer to each individual product for applicable delivery times. Days stated are working days, from Monday to Friday. 

The risk for the goods passes to the buyer when they, or the buyer's representative, have received the goods delivered in accordance with point 6.

Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw from the purchase of the item in accordance with the Right of Withdrawal Act.

Return of physical goods
If you wish to return the item in accordance with our terms of purchase, please send an email to hei@hardbarkadesign.no. The email must include a brief description of why you wish to return the item, as well as your personal details and order number.

The customer must pay for return postage, and it is your responsibility to ensure that we receive the package. We recommend that you send the package with tracking. The goods must be unused and returned in their original packaging. You choose whether you want a refund or an exchange for a new item. We will send an email confirmation as soon as the return is received and processed. The money will be available on your card within 3-5 business days.

The buyer must notify the seller of the exercise of the right of withdrawal within 14 days from when the deadline begins. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday, or day of observance, the deadline is extended to the next working day.

When exercising the right of withdrawal, the item must be returned to the seller without undue delay and no later than 14 days from the date of notification of exercising the right of withdrawal. The buyer covers the direct costs of returning the item, unless otherwise agreed or the seller has failed to inform the buyer that the buyer is responsible for return costs. The seller may not charge a fee for the buyer's exercise of the right of withdrawal.

If the seller does not deliver the item or delivers it too late according to 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 Purchases Act, depending on the circumstances,  withhold the purchase price, demand  performance,  cancel the agreement, and/or claim  compensation  from the seller.

When claiming remedies for breach of contract, the notification should be in writing (e.g., email) for evidentiary purposes.

Performance

The buyer can uphold the purchase and demand performance from the seller. However, the buyer cannot demand performance if there is an obstacle that the seller cannot overcome, or if performance would entail such a great disadvantage or cost for the seller that it is in significant disproportion to the buyer's interest in the seller performing. Should the difficulties cease within a reasonable time, the buyer can still demand performance.

The buyer loses their right to demand performance if they wait an unreasonably long time to make the claim.

Cancellation

If the seller does not deliver the item at the time of delivery, the buyer must urge the seller to deliver within a reasonable additional period for performance. If the seller does not deliver the item within the additional period, the buyer may cancel the purchase.

However, 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 period set by the consumer or after the delivery time that was crucial for the conclusion of the agreement, the claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.

Compensation

The buyer may claim compensation for losses suffered as a result of the delay. However, this does not apply if the seller proves that the delay is due to an obstacle beyond the seller's control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome its consequences.

10. Defects in the Goods - Buyer's Rights and Complaint Period

If there is a defect in the goods, the buyer must, within a reasonable time after it was discovered or ought to have been discovered, notify the seller that they will invoke the defect. The buyer has always made a timely complaint if it occurs within 2 months from when the defect was discovered or ought to have been discovered. A complaint 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 period is five years.

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 Purchases Act, depending on the circumstances, withhold the purchase price, choose between rectification and redelivery, demand a price reduction, demand cancellation of the agreement, and/or claim compensation from the seller.

Complaints to the seller should be made in writing.

Rectification or Redelivery

The buyer can choose between demanding the defect to be rectified or the delivery of a similar item. However, the seller can refuse the buyer's demand if its implementation is impossible or causes the seller unreasonable costs. Rectification or redelivery must be carried out within a reasonable time. The seller is generally not entitled to make more than two attempts at rectification for the same defect.

Price Reduction

The buyer may demand an appropriate price reduction if the item is not rectified or redelivered. This means that the ratio between the reduced price and the agreed price corresponds to the ratio between the item's value in defective and contractual condition. If special reasons warrant it, the price reduction may instead be set equal to the significance of the defect for the buyer.

Cancellation

If the item is not rectified or redelivered, the buyer may also cancel the purchase if the defect is not insignificant.

The data controller for collected personal data is the seller. Unless the buyer agrees otherwise, the seller may, in accordance with the Personal Data Act, only collect and store the personal data necessary for the seller to fulfill its obligations under the agreement. The buyer's personal data will only be disclosed to others if it is necessary for the seller to fulfill the agreement with the buyer, or in cases stipulated by law.