Introduction
This purchase is governed by the standard terms and conditions of sale set forth below for consumer purchases of goods over the Internet. Consumer purchases over the Internet are primarily governed by the Contract Act, the Consumer Sales Act, the Marketing Act, the Right of Withdrawal Act, and the E-Commerce Act, and these laws grant the consumer non-waivable rights. The laws are available atwww.lovdata.no.The terms of this agreement shall not be construed as any limitation on statutory rights, but rather set forth the parties’ most important rights and obligations regarding the transaction.
These terms and conditions of sale have been drafted and recommended by the Consumer Agency.For a better understanding of these terms and conditions, see the Consumer Agency’s guide here.
1. The Agreement
This agreement consists of these terms and conditions of sale, the information provided in the ordering system, and any separately agreed-upon terms. In the event of any conflict between these provisions, the terms separately agreed upon by the parties shall prevail, provided that they do not conflict with mandatory law.
The agreement will also be supplemented by relevant legal provisions governing the sale of goods between businesses and consumers.
2. The Parties
The seller is Hankø Yacht Club, Hotellveien 2, 1622 Gresvik, klunnsjef@hankoyachtclub.no,(+47) 69332221, ORG 975 504 549, 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.
3. Price
The price listed for the goods and services is the total price the buyer is to pay. This price includes all taxes and additional costs. The buyer shall not be required to pay any additional costs that the seller did not disclose prior to the purchase.
4. Entering into a Contract
The agreement is binding on both parties once the buyer has sent their order to the seller.
However, the agreement is not binding if there were any clerical or typing errors in the seller’s offer in the online store’s ordering system 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 item from the time it is ordered
If the buyer uses a credit card or debit card for payment, the seller may place a hold on the purchase amount on the card at the time of ordering.
6. Delivery
Delivery is deemed to have taken place when the buyer, or the buyer's representative, has taken possession of the goods.
Items purchased from the online store are generally not delivered. Items such as events or food and beverage orders are consumed at the Hankø Yacht Club’s facilities in accordance with the dates of the events.
7. Risks Associated with the Product
The risk of loss or damage to the goods passes to the buyer when the buyer, or the buyer's representative, has taken delivery of the goods in accordance with Section 6.
8. Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may cancel the purchase of the item in accordance with the Right of Withdrawal Act.
The buyer must notify the seller of their intention to exercise the right of withdrawal within 14 days from the start of the period. The period includes all calendar days. If the period ends on a Saturday, Sunday, or public holiday, it is extended to the next business day.
The cancellation period is considered to have been met if notice is sent before the deadline expires. The buyer bears the burden of proof that the right of cancellation has been exercised, and the notice should therefore be provided in writing (cancellation form, email, or letter).
The cancellation period begins:
- When purchasing individual items, the cancellation period begins the day after the item(s) are ordered.
- If a subscription is sold, or if the agreement involves the regular delivery of identical goods, the time limit begins on the day after the first shipment is ordered.
There is no right of return for tickets to cultural events.
Cancellations for sports and cultural events must be made no later than 14 days before the event. This also includes table reservations.
No refunds will be issued for cancellations of sports and cultural events made up to 14 days before the event.
9. Delays and Non-Delivery – Buyers’ Rights and Deadline for Filing Claims
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 part, the buyer may, in accordance with the provisions of Chapter 5 of the Consumer Sales Act and depending on the circumstances, demandperformance,rescind the agreement, and/or claimdamages fromthe seller.
When seeking remedies for breach of contract, the notice should be in writing (for example, by email) for evidentiary purposes.
Fulfillment
The buyer may uphold 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 inconvenience or cost to the seller that it would be grossly disproportionate to the buyer’s interest in the seller’s performance. Should the difficulties cease within a reasonable time, the buyer may nevertheless demand performance.
The buyer loses the right to demand performance if he or she waits an unreasonably long time to make the claim.
10. The Seller’s Rights in the Event of a Breach by the Buyer
If the buyer fails to pay or fulfill the other obligations under the agreement or the law, and this is not due to the seller or circumstances on the seller’s part, the seller may, in accordance with the provisions of Chapter 9 of the Consumer Sales Act and depending on the circumstances,withhold the goods, demandperformance ofthe agreement, demandtermination ofthe agreement, andclaimdamages fromthe buyer. The seller may also, depending on the circumstances, chargeinterest for late payment, collection fees, and a reasonablefee for unclaimed goods.
Fulfillment
The seller may uphold the purchase and demand that the buyer pay the purchase price. If the goods have not been delivered, the seller forfeits this right if he waits an unreasonably long time to assert the claim.
Lifting
The seller may terminate the contract if there is a material breach of payment obligations or any other material breach on the part of the buyer. However, the seller may not terminate the contract if the entire purchase price has been paid. If the seller sets a reasonable additional period for performance and the buyer fails to pay within that period, the seller may terminate the contract.
Interest on Late Payments/Collection Fees
If the buyer fails to pay the purchase price in accordance with the agreement, the seller may charge interest on the purchase price in accordance with the Late Payment Interest Act. In the event of nonpayment, the claim may, following prior notice, be referred to a collection agency. The buyer may then be held liable for fees under the Debt Collection Act.
Fee for Unclaimed, Non-Prepaid Items
If the buyer fails to pick up unpaid goods, the seller may charge the buyer a fee. The fee shall not exceed the seller’s actual expenses incurred in delivering the goods to the buyer. Such a fee may not be charged to buyers under the age of 18.
11. Personal Information
The seller is the data controller for the personal data collected. Unless the buyer consents 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 third parties if necessary for the seller to fulfill the agreement with the buyer, or in cases required by law.
12. Conflict Resolution
Complaints must be submitted to the seller within a reasonable time, see sections 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is not successful, the buyer may contact the Consumer Authority for mediation. The Consumer Authority can be reached by phone at 23 400 600 or atwww.forbrukertilsynet.no.
The European Commission's complaint portal can also be used if you wish to file a complaint. This is particularly relevant if you are a consumer residing in another EU country. You can file a complaint here:http://ec.europa.eu/odr.
