Patina Collector
Terms and Conditions
Terms and Conditions
This purchase is governed by the following standard terms and conditions for consumer purchases of goods over the internet. Consumer purchases over the internet are primarily regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Withdrawal Act and the Electronic Commerce Act, which provide consumers with mandatory rights. These laws can be found at www.lovdata.no.
Terms and Conditions
The terms and conditions in this agreement are not intended to limit the statutory rights of consumers, but to establish the parties’ rights and obligations in relation to the purchase.
These Terms and Conditions have been prepared and recommended by the Norwegian Consumer Authority. For further information and guidance regarding these Terms and Conditions, please see the Norwegian Consumer Authority’s guidance here.
1. The Agreement
The agreement consists of these Terms and Conditions, the information provided in the ordering process and any separately agreed terms. In the event of any conflict between the information provided, the terms specifically agreed between the parties shall take precedence, provided that they do not conflict with mandatory provisions of law.
The agreement will also be supplemented by relevant statutory provisions governing the purchase of goods between businesses and consumers.
2. The Parties
The seller is Patina Collector AS, Jacob Aalls gate 30, 0364 Oslo, Norway, contact@patinacollector.com, telephone +47 940 32 255, organisation number 936 254 039, hereinafter referred to as the “Seller”.
The buyer is the consumer who places the order, hereinafter referred to as the “Buyer”.
3. Price
The stated price for the goods and services is the total price to be paid by the Buyer. This price includes all fees and additional costs. The Buyer shall not be liable for any additional costs that the Seller has not informed the Buyer about prior to the purchase.
4. Conclusion of the Agreement
The Agreement is binding on both parties when the Buyer has submitted their order to the Seller.
However, the Agreement is not binding if there has been a typographical or input error in the Seller’s offer in the online store’s ordering system or in the Buyer’s order, and the other party knew or should have known that such an error had occurred.
5. Payment
The Seller may require payment for the goods from the time the goods are shipped from the Seller to the Buyer.
If the Buyer pays by credit or debit card, the Seller may reserve the purchase amount on the card when the order is placed. The card will be charged on the day the goods are shipped.
When paying by invoice, the invoice will be issued to the Buyer when the goods are shipped. The payment deadline is stated on the invoice and is at least 14 days from receipt.
Buyers under the age of 18 may not pay by invoice after the purchase.
6. Delivery
Delivery is deemed to have taken place when the Buyer, or the Buyer’s representative, has taken possession of the goods.
If no delivery date is stated in the ordering system, the Seller shall deliver the goods to the Buyer without undue delay and no later than 30 days after the order has been placed. The goods shall be delivered to the Buyer unless otherwise specifically agreed between the parties or stated in the Terms and Conditions.
7. Risk in the Goods
The risk in the goods passes to the Buyer when the Buyer, or the Buyer’s representative, has 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 in accordance with the Norwegian Right of Withdrawal Act.
The Buyer must notify the Seller of their decision to exercise the right of withdrawal within 14 days from the date on which the withdrawal period begins. All calendar days are included in the period. If the period expires on a Saturday, public holiday or holiday, the period is extended to the next working day.
The withdrawal period is considered to have been observed if the Buyer sends notice before the period expires. The Buyer must be able to demonstrate that the right of withdrawal has been exercised, and it is therefore recommended that the notice be sent in writing (withdrawal form, email or letter).
The withdrawal period begins:
– For subscriptions or regular deliveries of identical goods, the period begins on the day after the first shipment has been received.
– If the purchase consists of multiple deliveries, the period begins on the day after the final delivery has been received.
The withdrawal period is extended to 12 months after the expiry of the original withdrawal period if the Seller does not provide information about the right of withdrawal and the standard withdrawal form before the agreement is entered into. The same applies if the Seller fails to provide information about the conditions, time limits and procedures for exercising the right of withdrawal. If the Seller provides this information within these 12 months, the right of withdrawal expires 14 days after the Buyer receives the information.
When exercising the right of withdrawal:
The Buyer may examine the goods in a reasonable manner in order to determine their nature, characteristics and functionality without losing the right of withdrawal. If the examination of the goods goes beyond what is necessary, the Buyer may be liable for any reduction in the value of the goods.
The Seller is obliged to refund the purchase price to the Buyer without undue delay and no later than 14 days after the Seller receives notice of the Buyer’s decision to exercise the right of withdrawal. The Seller has the right to withhold the refund until the goods have been received or until the Buyer has provided evidence that the goods have been returned.
9. Delay and Failure to Deliver – The Buyer’s Rights and Time Limit for Making a Claim
For evidentiary purposes, any claim for remedies for breach of contract should be submitted in writing (for example, by email).
Performance
The Buyer loses the right to demand performance if they wait an unreasonably long time to make the claim.
Termination of the Agreement
The Buyer may also terminate the purchase immediately if the Seller refuses to deliver the goods.
The same applies if the agreed delivery date was essential to the conclusion of the agreement, or if the Buyer has informed the Seller that the delivery date is critical.
If the goods are delivered after the additional period set by the Buyer, or after the agreed delivery date that was essential to the agreement, the Buyer must submit a claim for termination within a reasonable period after becoming aware of the delivery.
Compensation
The Buyer may claim compensation for losses resulting from the delay. However, this does not apply if the Seller proves that the delay was caused by an obstacle beyond the Seller’s control that could not reasonably have been taken into account at the time the agreement was entered into, avoided or overcome.
10. Defects in the Goods – The Buyer’s Rights and Time Limit for Complaints
If the goods have a defect that is not attributable to the Buyer or circumstances on the Buyer’s side, the Buyer may, in accordance with Chapter 6 of the Norwegian Consumer Purchases Act, withhold payment, choose between requesting that the defect be remedied or that the goods be replaced, request a price reduction, terminate the agreement and/or claim compensation from the Seller.
The Buyer should submit complaints to the Seller in writing.
Remedy or Replacement
The Buyer may choose between having the defect remedied or receiving equivalent goods. However, the Seller may object to the Buyer’s request if fulfilling the request is impossible or would cause the Seller unreasonable costs. The remedy or replacement shall be provided within a reasonable period. The Seller is generally not entitled to make more than two attempts to remedy the same defect.
Price Reduction
The Buyer may claim an appropriate price reduction if the defect is not remedied or the goods are not replaced. This means that the relationship between the reduced and agreed prices shall correspond to the relationship between the value of the goods in their defective condition and their value in accordance with the agreement. If special circumstances so warrant, the price reduction may instead be set in proportion to the significance of the defect to the Buyer.
Termination of the Agreement
If the defect has not been remedied or the goods have not been replaced, the Buyer may also terminate the purchase if the defect is not insignificant.
11. Seller’s Rights in the Event of the Buyer’s Breach
If the Buyer fails to make payment or otherwise fails to fulfil their obligations under the agreement or applicable law, and this is not due to the Seller or circumstances on the Seller’s side, the Seller may, in accordance with Chapter 9 of the Norwegian Consumer Purchases Act and depending on the circumstances, withhold the goods, demand performance of the agreement, terminate the agreement and claim compensation from the Buyer. The Seller may also, depending on the circumstances, claim interest on late payments, collection fees and a reasonable fee for goods that are not collected.
Performance
The Seller may uphold the purchase and demand that the Buyer pay the purchase price. If the goods have not been delivered, the Seller loses this right if they wait an unreasonably long time to make the claim.
Termination of the Agreement
The Seller may terminate the agreement if there is a material breach of the payment obligation or another material breach by the Buyer. However, the Seller may not terminate the agreement if the full purchase price has been paid. If the Seller sets a reasonable additional period for performance and the Buyer fails to make payment within this period, the Seller may terminate the purchase.
Interest on Late Payments / Collection Fees
If the Buyer fails to pay the purchase price in accordance with the agreement, the Seller may claim interest on the purchase price in accordance with the Norwegian Interest on Overdue Payments Act. In the event of non-payment, the claim may, following prior notice, be referred for collection, and the Buyer may then be liable for fees in accordance with the Norwegian Debt Collection Act.
12. Personal Data
The Seller is the data controller for the personal data collected. Unless the Buyer consents otherwise, the Seller may, in accordance with applicable data protection legislation, only collect and store the personal data necessary for the Seller to fulfil the agreement and these Terms and Conditions. The Buyer’s personal data will only be disclosed to third parties when necessary for the Seller to fulfil the agreement with the Buyer or where required by law.
13. Dispute Resolution (Breach of the Terms and Conditions)
In the event of a breach of the Terms and Conditions, complaints should be addressed to the Seller within a reasonable period, cf. Sections 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is unsuccessful, the Buyer may contact the Norwegian Consumer Authority for mediation. The Norwegian Consumer Authority can be contacted by telephone on +47 23 40 06 00 or at www.forbrukertilsynet.no.
The European Commission’s Online Dispute Resolution platform may also be used if you wish to file a complaint. This is particularly relevant if you are a consumer residing in another EU country. Complaints can be submitted here: http://ec.europa.eu/odr
