Terms of service

Introduction

These terms of sale govern consumer purchases of goods over the internet. Such purchases are primarily regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Withdrawal Act, and the E-commerce Act. These laws grant the consumer non-waivable rights. The laws are available at www.lovdata.no. The terms of this agreement shall not be interpreted as limiting any statutory rights but outline the key rights and obligations of the parties.

These terms of sale are prepared and recommended by the Norwegian Consumer Authority. For further understanding, see the Consumer Authority’s guidelines.

1. The Agreement

The agreement consists of these terms of sale, information provided in the ordering solution, and any specifically agreed terms. In case of conflict, specifically agreed terms between the parties shall prevail, provided they do not conflict with mandatory legislation.

The agreement is also supplemented by relevant statutory provisions governing the purchase of goods between businesses and consumers.

2. The Parties

The seller is ROM Target Solutions AS, Storgata 8 - 6100 Volda, info@rom-targets.com, +47 957 90 491, Org. 934857283934857283934 857 283, hereinafter referred to as the seller.

The buyer is the consumer placing the order, hereinafter referred to as the buyer.

3. Price

The stated price for the goods and services is the total price the buyer shall pay. This price includes all taxes and additional costs. Any additional costs not disclosed by the seller prior to purchase shall not be borne by the buyer.

4. Conclusion of Agreement

The agreement becomes binding for both parties when the buyer has submitted the 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 ordering solution or in the buyer’s order, and the other party realized or should have realized that such an error existed.

5. Payment

The seller may demand payment for the goods from the time they are dispatched to the buyer.

If the buyer uses a credit or debit card, the seller may reserve the purchase amount on the card at the time of order. The card is charged on the day the goods are dispatched.

If payment is made by invoice, the invoice is issued upon shipment of the goods. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt.

Buyers under the age of 18 may not pay by invoice.

6. Delivery

Delivery is deemed to have occurred when the buyer, or the buyer’s representative, has taken possession of the goods.

If no delivery time is specified, the seller shall deliver the goods without undue delay and no later than 30 days after the order is placed. The goods shall be delivered to the buyer unless otherwise agreed.

7. Risk

The risk for the goods passes to the buyer when the goods have been delivered in accordance with section 6.

8. Right of Withdrawal

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

The buyer must notify the seller within 14 days from the start of the withdrawal period. All calendar days are included. If the deadline falls on a Saturday, public holiday, or official holiday, it is extended to the next working day.

The withdrawal period is considered met if the notice is sent before expiry. The buyer bears the burden of proof and should notify in writing (withdrawal form, email, or letter).

The withdrawal period begins:

  • For single purchases, from the day after receipt of the goods.
  • For subscriptions or regular deliveries, from the day after the first delivery.
  • For multiple deliveries, from the day after the final delivery.

The withdrawal period is extended by 12 months if the seller has not informed the buyer about the right of withdrawal and provided a standard form. If such information is provided within that period, the withdrawal period expires 14 days after the buyer receives the information.

The goods must be returned without undue delay and no later than 14 days after notification. The buyer bears return costs unless otherwise agreed or not properly informed. The seller may not charge fees for exercising the right of withdrawal.

The buyer may inspect the goods to determine their nature and function. If the use exceeds what is necessary, the buyer may be liable for reduced value.

The seller shall refund the purchase amount without undue delay and no later than 14 days after receiving notice. The seller may withhold payment until the goods are received or proof of return is provided.

9. Delay or Non-delivery - the buyer's rights and deadline for making a claim

If the seller fails to deliver the goods, or delivers them late in accordance with 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 provisions of Chapter 5 of the Consumer Purchases Act and depending on the circumstances, withhold the purchase price, demand performance, terminate the agreement, and/or claim compensation from the seller.

In the event of claims relating to remedies for breach of contract, the notification should, for evidentiary reasons, be made in writing (for example by email).

Performance

The buyer may maintain the purchase and demand performance from the seller. However, the buyer may not demand performance if there is an obstacle that the seller cannot overcome, or if performance would entail such a significant disadvantage or cost to the seller that it would be grossly disproportionate to the buyer’s interest in having the contract fulfilled. If the obstacle ceases within a reasonable time, the buyer may nevertheless demand performance.

The buyer loses the right to demand performance if he or she waits unreasonably long to assert the claim.

Termination

If the seller does not deliver the goods at the agreed time of delivery, the buyer shall request that the seller deliver within a reasonable additional period for performance. If the seller fails to deliver within this additional period, the buyer may terminate the purchase.

However, the buyer may terminate the purchase immediately if the seller refuses to deliver the goods. The same applies if delivery at the agreed time was decisive for entering into the agreement, or if the buyer has informed the seller that the delivery time is essential.

If the goods are delivered after the additional period set by the buyer, or after the delivery time that was decisive for entering into the agreement, a claim for termination must be made within a reasonable time after the buyer became aware of the delivery.

Damages

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

10. Defects in the goods - the buyer's rights and complaint deadline

If there is a defect in the goods, the buyer must notify the seller within a reasonable time after the defect was discovered or should have been discovered, stating that he or she intends to invoke the defect. The complaint will always be considered timely if it is made within two months after the defect was discovered or should have been discovered. The right to complain expires no later than two years after the buyer took possession of the goods. If the goods or parts thereof 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 provisions of Chapter 6 of the Consumer Purchases Act and depending on the circumstances, withhold the purchase price, choose between repair and replacement, demand a price reduction, terminate the agreement, and/or claim compensation from the seller.

Complaints to the seller should be made in writing.

Repair or Replacement

The buyer may choose between requesting that the defect be remedied or delivery of an equivalent item. However, the seller may oppose the buyer’s claim if fulfilling it is impossible or would impose unreasonable costs on the seller. Repair or replacement shall be carried out within a reasonable time. As a general rule, the seller is not entitled to make more than two attempts to remedy the same defect.

Price Reduction

The buyer may demand an appropriate price reduction if the goods are not repaired or replaced. This means that the relationship between the reduced price and the agreed price corresponds to the relationship between the value of the goods in their defective condition and their value in the condition required by the contract. If special reasons so indicate, the price reduction may instead be set equal to the significance of the defect for the buyer.

Termination

If the goods have not been repaired or replaced, the buyer may also terminate the purchase provided that the defect is not insignificant.

11. Seller's Rights in the event of the buyer's breach

If the buyer fails to pay or fulfill their other obligations under the agreement or the law, and this is not due to the seller or circumstances on the seller’s side, the seller may, in accordance with the provisions of Chapter 9 of the 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, where applicable, charge interest for late payment, debt collection fees, and a reasonable fee for uncollected goods.

Performance

The seller may maintain the purchase and demand that the buyer pays the purchase price. If the goods have not been delivered, the seller loses this right if he or she waits unreasonably long to assert the claim.

Termination

The seller may terminate the agreement in the event of a material breach of payment or other 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 pay within this period, the seller may terminate the purchase.

Interest and Debt Collection

If the buyer fails to pay the purchase price in accordance with the agreement, the seller may charge interest on the amount due in accordance with the Act relating to interest on overdue payments. In the event of non-payment, the claim may, following prior notice, be referred to debt collection. The buyer may then be held liable for fees in accordance with the Debt Collection Act.

Fee for uncollected, non-prepaid goods

If the buyer fails to collect goods that have not been prepaid, the seller may charge the buyer a fee. The fee shall not exceed the seller’s actual costs incurred in delivering the goods to the buyer. Such a fee may not be charged to buyers under the age of 18.

12. Warranty

Any warranty provided by the seller or the manufacturer grants the buyer rights in addition to those the buyer already has under mandatory law. A warranty therefore does not limit the buyer’s right to make claims for delay or defects in accordance with sections 9 and 10.

13. 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 personal data necessary to fulfill the seller’s obligations under the agreement. The buyer’s personal data will only be disclosed to third parties where necessary for the seller to perform the agreement with the buyer, or where required by law.

14. Dispute Resolution

Complaints shall be directed to the seller within a reasonable time, cf. sections 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is not successful, the buyer may contact the Norwegian Consumer Authority for mediation. The Norwegian Consumer Authority can be reached at 23 400 600 or www.forbrukertilsynet.no.

The European Commission’s complaint portal 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.