Terms & conditions
Øxne Sales Conditions for Consumer Purchases of Custom Made Goods over the Internet
Version 1 September 2024.
Introduction:
This purchase is regulated by the Øxne Sales Conditions for Consumer Purchases of Custom Made Goods over the Internet, given below. Consumer purchases via the Internet are regulated primarily by the Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Cancellation Act and the E-Commerce Act, and these laws provide consumers with rights. These laws are available (in Norwegian) at www.lovdata.no. The terms of the contract are not to be understood as a limitation on legal rights, but present the parties’ most important rights and duties in regard to the purchase. The Sales Conditions have been created and are recommended by the Norwegian Consumer Ombuds- man. For a better understanding of these Sales Conditions, see the Consumer Authority’s guide- lines at https://forbrukertilsynet.no/english/guidelines
Table of contents:
Introduction
1] Contract
2] Parties
3] Price
4] Conclusion of contract
5] Payment
6] Delivery
7] Product risk
8] Right to cancel
9] Delays and non-delivery: the Purchaser’s
rights and time limit to make a claim
10] Defective goods: the Purchaser’s rights
and time limit to give notice
11] Seller’s rights in case of Purchaser’s
breach of contract
12] Warranties
13] Personal data
14] Conflict resolution
1] Contract
The contract consists of these Sales Conditions, information given in the ordering solution, and any specially agreed conditions. In the event of a conflict between pieces of information, precedence goes to what has been specially agreed between the parties, as long as this does not conflict with mandatory legislation. In addition, the contract will be complemented by relevant statutory provisions that regulate the pur- chase of goods between traders and consumers.
2] Parties
The seller DAWN AS (representing the brand ØXNE), Engelsrud Terrasse 28, 1385 Asker, Norway, mail@oxnecollection.com, +47 90 55 17 20, Organization number 922 37 6263 is designated in the following as the Seller. The purchaser is the consumer who places the order, and is designated in the following as the Purchaser.
3] Price
The stated price for the good and services is the total price to be paid by the Purchaser. This price includes all taxes and additional costs. The Pur- chaser shall not be charged for any further costs of which the Seller has not informed the Purchaser before the purchase.
4] Conclusion of contract
The contract is binding for both parties as soon as the Purchaser has sent the order to the Seller through the platform oxnecollection.com However, a party is not bound by the contract if there are orthographical or typological errors in the offer from the Seller in the ordering solution of the online shop or in the Purchaser’s order, and the other party realised or should have realised that such an error was present.
5] Payment
The Seller may charge the Purchaser for the good from the time the order is placed from the Purchaser to the Seller. If the Purchaser uses a credit or debit card to make the payment, the Seller may hold the funds on the card when the order is placed. The card will be charged on the same day the order is placed.
6] Delivery
Delivery has occurred once the Purchaser or his/ her representative has taken possession of the item. If the delivery time is not stated in the ordering solution, the Seller shall deliver the good to the Purchaser within a reasonable time frame.
The estimated delivery time from order placement to delivery of a custom tailored shirt from Italy is 4 weeks (30 days). Exceptions are orders placed in July and August, where our supplier is closed for summer holidays the full month of August. In this period delivery time may be longer than 4 weeks. The good shall be delivered to the Purchaser unless other, special arrangements are made between the parties. Delivery location may vary between work office, home address and post office pick-up after agreement.
7] Product risk
Product risk is assumed by the Purchaser as soon as the item is taken over by the Purchaser or his/ her representative in accordance with Section 6.
8] Right to cancel
This contract is exempt from the right to cancel, due to the products unique form that are made on each clients specific measurements and personal preference, and could therefore not be sold to someone else.
Cancellation Act
Section 22. Exceptions to the right to cancel.
e. the delivery of goods that are manufactured to the consumer’s specifications or have been clearly personalised.
https://lovdata.no/dokument/NLE/lov/2014-06-20-27?q=angrerettloven § 22 e
9] Delays and non-delivery: the Purchaser’s rights and time limit to make a claim
Compensation
The Purchaser may demand compensation for losses incurred as a result of a delay. However, this does not apply to cases in which the Seller can assert that the delay was due to obstacles outside the Seller’s control that could not have reasonably been fore- seen at the time the contract was concluded, could not have been avoided or the consequences of which could not have been overcome.
10] Defective goods: the Purchaser’s rights and time limit to give notice
If the good is defective, the Purchaser must notify the Seller that he/she wishes to invoke the defect within a reasonable amount of time after the defect was discovered or should have been discovered. The Purchaser is considered to have given timely notice if it occurs within two weeks after the defect was discovered or should have been discovered. If the good has a defect and this is not due to the Purchaser or to conditions on the part of the Purchaser, the Purchaser may, in accordance with Chapter 6 of the Consumer Purchases Act, choose between repair and replacement, demand a price reduction, demand compensation from the Seller, according to the relevant circumstances. Notice should be given to the Seller in writing to mail@oxnecollection.com
Repair or replacement
The Purchaser may choose between having the defect repaired or the delivery of an equivalent item. The Seller may however oppose the Purchaser’s claim if carrying out the claim is impossible or causes the Seller to incur unreasonable expenses. Repair or replacement shall be performed within a reason- able amount of time.
Price reduction
The Purchaser may demand a suitable price redu- ction if the good is not repaired or replaced. This means that that relation between the reduced and originally agreed price corresponds to the relation between the item’s value in defective condition and the condition according to the original contract. If special circumstances call for it, the price reduction may instead correspond to the defect’s impact on the Purchaser.
11] Seller’s rights in case of Purchaser’s breach of contract
If the Purchaser does not pay or otherwise fulfil his/her duties according to the contract and/or the law, and this is not due to the Seller or to conditions on the part of the Seller, the Seller may, in accor- dance with the rules in Chapter 9 of the Consumer Purchases Act, withhold the good, demand perfor- mance of the contract, terminate the contract and demand compensation from the Purchaser, accor- ding to the relevant circumstances. The Seller may also, according to the relevant circumstances, charge interest for late payment, a collection fee and a reasonable fee for uncollected goods.
Fulfilment
If the Purchaser does not pay, the Seller may af- firm the purchase and demand that the Purchaser pay the purchase sum. If the good is not delivered, the Seller will lose its right if it takes an unreaso- nably long time to make the claim.
Termination
Upon significant non-payment breach or any oth- er significant breach by the Purchaser, the Seller may terminate the contract. However, the Seller may not terminate the contract after the purchase sum has been paid. The Seller may also terminate the purchase if the Purchaser does not pay within a reasonable additional time frame for fulfilment set by the Seller.
Interest relating to late payment/collection fee
If the Purchaser does not pay the purchase sum specified in the contract, the Seller may charge interest on the purchase sum according to the Act Relating to Interest on Overdue Payments. In cases where payment is not made, the debt may be sent for collection after a warning has been issued, and the Purchaser may then be held responsible for fees according to the Act relating to Debt Collection and Other Debt Recovery.
Fees for uncollected, non-prepaid items
If the Purchaser fails to collect unpaid goods, the Seller may charge the Purchaser a fee. The fee shall at maximum cover the Seller’s actual expenses for delivering the good to the Purchaser. Purchasers under 18 years of age cannot be charged this fee.
12] Warranties
Warranties given by the Seller or manufacturer give the Purchaser additional rights beyond those mandatory rights he/she has by mandatory law. Thus, a warranty does not imply any limitation on the Purchaser’s right to give notice or make claims in case of delay or defect according to Sections 9 and 10.
13] Personal data
The Seller is the party responsible for handling collected personal data. Unless the Purchaser consents otherwise, the Seller may only obtain and store whatever personal data is necessary for the Seller to complete its duties according to the con- tract, including measurements and contact info. The Purchaser’s personal data shall only be given to others if this is necessary for the Seller to fulfil the contract with the Purchaser, or in cases where this is required by law.
14] Conflict resolution
Claims must be directed to the Seller within a reasonable time frame in accordance with Sections 9 and 10. The parties shall attempt to resolve any disputes out of court. If this is not successful, the Purchaser may contact the Consumer Council of Norway for mediation. The Consumer Council may be reached on (+47) 23 400 500 or at www.forbrukerradet.no