Terms & Conditions

Conditions of sale

1. The agreement

2. Parties

3. Prices

4. The conclusion of the agreement

5. Order Confirmation

6. Payment

7. Delivery 

8. Risk of the goods

9. Right of appeal

10. Investigation

11. Complaint in case of defect and deadline for notification of delay

12. Buyer's right of delay

13. Buyer's rights in case of defect

14. Seller's right to buyer's default

15. Warranty

16. Personal Information

17. Conflict Resolution


INTRODUCTION:

This purchase is governed by the following standard terms of sale for consumer purchases goods over the internet. Consumer purchases mean the sale of goods to consumers as not mainly acting as part of business activities and when the seller acts

business activities with the sale of goods over the internet. The contract has been prepared and recommended. Used by the Consumer Authorities. Consumer purchases over the Internet are governed mainly by the Contracts Act, the Consumer Buying Act, the Marketing Act, the Restrictive Act and the E-commerce Act, and these laws provide consumers indispensable rights. The terms of the contract shall not be construed as limiting statutory rights, but sets up the parties' most important rights and duties trade. The seller may choose to offer the buyer better terms than those stated in these sales conditions. In cases where the contract does not directly give the solution to a problem, the contract must completed with relevant statutory provisions.


1. AGREEMENT

The agreement between buyer and seller consists of the information the seller gives about the purchase in the ordering solution in the online store (including information about the nature of the item, quantity, quality, other characteristics, price and delivery terms), possibly direct correspondence between the parties (such as email) and these terms of sale.


In the event of a conflict between the information the seller has given about the purchase in the order solution in the online store, direct correspondence between the parties and the terms of the terms of sale goes direct correspondence between the parties and the information given in the ordering solution in front terms of sale, provided that it does not conflict with binding legislation.


2. PARTIES

Company Name: Moonlight Mountain Gear AS

Contact Address: Burfjord, 9161 Burfjord

Email: Post@moonlightmountaingear.com

Phone number: +47 957 564 33

Organization number: 913 422 163

Buyer is the person who makes the order.


3. PRICES

Prices quoted in the online store include value added tax.

Information about the total costs the buyer has to pay, including all fees (VAT, customs, and the like) and delivery costs (shipping, postage, billing, packaging, etc.) and specification of the individual items in the total price are given in the ordering order before ordering is made. (Deliveries to Svalbard or Jan Mayen must be

sold without the addition of value added tax.1)


4. TERMINATION OF AGREEMENT

The agreement is binding on both parties when the buyer's order has been received by the seller. However, a party is not bound by the agreement if there are typing or typing errors the offer from the seller in the order solution in the online store or in the buyer's order, and it another party realized or should have realized that such an error existed.

 

5. ORDER REPORT

Once the seller has received the buyer's order, the seller shall confirm without undue delay the order by sending an order confirmation to the buyer. It is recommended that the buyer check that the order confirmation matches the order in terms of quantity, item type, price etc. Is there no agreement between the order

and the order confirmation, the buyer should contact the seller as soon as possible.


6. PAYMENT

The seller may require payment for the item from the time it is shipped from the seller to

buyer.

If the buyer uses credit card2 or debit card3 upon payment, the seller can reserve

the purchase price on the card at the time of booking for up to 4 days from the order.4

1 See Law of 19 June 1969 No. 66 on Value Added Tax Section 16.

2 A credit card is a payment card where the settlement of the purchase occurs afterward by the creditor

(credit card company) sends cardholder invoice with a payment request.

3 A debit card is a payment card associated with a deposit account. Using the card entails that the user's account becomes

charged and the amount is transferred to the payee's account.

3

When paying by credit card, the law on credit purchase, etc. come into use.5

If the seller offers re-invoicing, the invoice of the buyer shall be issued upon shipment of

the item. The due date shall be set at least 14 days from the buyer receiving the shipment.

Does the seller have a separate need to claim an advance payment from the buyer, for example at

buyer, the seller may require this.

Buyers under the age of 18 can only pay directly at the seller's delivery of the item or by

delivery of the item at the time of purchase.6

 

7. DELIVERY

Delivery of the item from the seller to the buyer takes place in that way, at the place and at the time as stated in the ordering solution in the online store. If delivery time is not stated in the ordering solution, the seller must deliver the item buys within a reasonable time and within 30 days of the order from the customer. Should the seller make sure for the goods to be shipped to the buyer, he is obliged to have the goods shipped to the destination suitable way and under normal conditions for such transportation. The destination is at the buyer with unless otherwise specifically agreed between the parties.


8. THE RISK OF GOODS

The risk of the goods passes on to the buyer when the item is taken over by the buyer under the agreement. If the delivery time has come and the buyer fails to take over a product that is at his or her disposal after the agreement, the buyer still has the risk of loss or damage due to the characteristics of the item itself. 

9. Purchase Return

The buyer can undo the purchase of the product in accordance with the provisions of the Restrictions Act7. Right of cancellation means that the buyer can return the item to the seller without reason, even if there is no shortage of it and even if it is not delivered. 

The buyer must notify the seller of the use of the right of withdrawal within 14 days after the goods, the prescribed information about the right of cancellation and the cancellation form has been received. If the buyer receives a redemption slip and the required information at a later date than the delivery of the item, the deadline begins to run from the date the buyer receives a refund form and the information. If the buyer has not received sufficient information or regret form, the deadline nevertheless expires 3 months after receipt of the item. If the buyer has not received a right of cancellation at all, the time limit will be 1 year. For the sake of proof, the notice from the buyer to the seller of the right of withdrawal should be in writing ( reminder form , e-mail, fax or letter) and it must contain information on how the buyer will return the item to the seller.Terms and Conditions for Credit Cards and Billing Cards - Consumer Relations Section 12 and Pattern Terms prepared by Norwegian Finance Organisation for Payment Cards point 11.5 Law of 21 June 1985 No. 82 on credit purchases, etc. 6 Persons under the age of 18 can only pay in the above mentioned ways as they can not settle debt, cf. the law of 22 April 1927 on unsecured claims (vgml.) § 2. 7 Act of 21 December 2000 No. 105 on duty of disclosure and right of cancellation, etc., for distance selling and sales outside of a fixed 

point of sale (Restrictions Act ). When using the right of cancellation, the item must be returned to the seller within a reasonable period of time. The seller is obliged to repay the entire purchase price to the buyer within 14 days from the date the seller receives the item or the voucher or the goods are placed at the seller's disposal. The seller can not fix fees for the buyer's use of the right of cancellation, but the seller may require that

The buyer shall pay the cost of the return shipment. The buyer can check the product before he or she regrets the purchase. However, the product must 

be returned to the seller in approximately the same condition and quantity as it was when the buyer received it. The buyer should return the item back to the seller in the original packaging if this is possible. The buyer can not regret the purchase of goods that deteriorate quickly, goods that, by their nature, can not be returned, or on audio and video recordings (including CDs, DVDs) or computer programs where the seal is broken. The latter exception applies only if the seller has clearly stated about the terms of cancellation of the right of cancellation on the seal.

 

10. INVESTIGATION OF THE PRODUCT

When the buyer receives the goods, it is recommended that he or she reasonably investigates whether it is in accordance with the order, if it has been damaged during transport or if it is otherwise missing. If the item does not match the order or is missing, the buyer must report to the seller on complaint, see item 11 of the contract.

 

11. DISCLAIMER OF LIABILITY AND WITHOUT DELAYING REQUIREMENTS FOR DELAY.

In the event of a defect in the goods, the buyer must, within a reasonable period of time after discovering it, inform the seller that he or she will invoke the defect. 

The time limit may never be shorter than two months from the time the consumer discovered the defect. Complaints must nevertheless occur no later than two years after the buyer took over the item. If the item or part of it is intended to last significantly longer, the complaint period is five years. In case of delay, claims must be made within a reasonable period of time after delivery time has come and the product has not been delivered. If the item is paid by credit card, the buyer can also choose to advertise and send claims directly to creditors (credit card company) The notification to the seller or creditors should be in writing (e-mail, fax or letter).

 

12. BUYER'S RIGHTS BY DELAY

If the seller does not deliver the item or deliver it too late in accordance with the agreement between the parties, and this is not due to the buyer or relationship on the buyer, the buyer may, in accordance with the rules in the Consumer Buying Act's Chapter 5, 

return the purchase price, demand fulfilment, terminate the agreement and claim compensation from the seller. Compliance: If the seller does not deliver the item at the time of delivery, the buyer can maintain the purchase and set a reasonable additional deadline for fulfillment from the seller. However, the buyer can not demand fulfillment if there is an obstacle that the seller can not overcome or if fulfillment will cause such a big disadvantage or cost to 8 Act of 21 June 1985 No. 82 on credit purchases, etc. Section 8 

5 The seller that there is a significant disproportionate interest in the buyer's interest in the seller fulfilling. Failing the difficulties within a reasonable time, the consumer may require fulfillment. Elevation: The buyer may terminate the agreement with the seller if the delay is significant or if the seller does not deliver the goods within the additional period of fulfillment set by the buyer. However, the buyer can not cancel the agreement while the additional deadline expires unless the seller has stated that he or she will not meet within the deadline. Compensation: The buyer may also claim compensation for loss he or she suffers as a result of the delay by the seller, cf. section 29 of the Consumer Buying Act.

The buyer must make a claim to the seller by complaint, see item 11 of this contract.

 

13. BUYER'S RIGHTS BY MANGEL

If the product has a defect and this is not due to the buyer or condition on the buyer, 

the buyer may, in accordance with the rules in the Consumer Buying Act, chapter 6, in turn, keep the purchase price, choose between rectification and replacement, demand a price reduction, demand the agreement raised and compensation from the seller. 

Correction or replacement: If the item has a defect, the buyer may require the 

seller to correct the defect or return the corresponding item. The seller may oppose the 

buyer's claim if the execution of the claim is impossible or the seller may 

incur unreasonable costs. The seller must make the fix or delivery within a reasonable time. Correction or Replacement shall be made at no cost to the buyer, without the risk that the buyer will not be able to cover his expenses and without significant disadvantage for the buyer. The seller can not make more than two attempts to rectify or resign for the same defect, unless there are special reasons that allow further attempts to be reasonable. Even if the buyer does not require correction or replacement, the seller may offer rectification or replacement if this happens without delay. If the seller makes such 

corrections or redeployment, the buyer may not demand a price reduction or cancellation. 

Price reduction: If the defect is not corrected or returned, the buyer may request a 

relative price reduction.Elevation: Instead of price reduction, the buyer may cancel the agreement, except when the defect is insignificant. Compensation: The buyer may also claim compensation for financial loss he or she suffers as a result of the goods having a defect, cf. section 33 of the Consumer Procurement Act. The buyer must report to the seller by complaint cf. clause 11 of this contract. In addition, and regardless of the rules of cancellation and any warranties made by the seller.

 

14. SELLER'S RIGHTS BY THE BUYER'S FAILURE

If the buyer does not pay or meet the other obligations under the agreement, and this is not due to the seller or seller relationship, the seller may, in accordance with the provisions of the Consumer Purchase Act, chapter 9, after the circumstances, return the goods, demand fulfilment of the agreement, demand the agreement and replace buyer. The seller may also require interest on late payment, collection fee and fee for unpaid 

unpaid items. Compliance: If the buyer does not pay, the seller can maintain the purchase and demand that the buyer pay the purchase price (fulfilment). If the product is not delivered, the seller loses his right if he waits unreasonably for a long time to promote the claim.Remedy: In the case of material breach of payment or other material breach of the buyer, the seller may terminate the agreement. The seller can not, however, raise after the purchase price has been paid. The seller may also raise the purchase if the buyer does not pay within a reasonable time limit for fulfilment set by the seller. The seller can not, however, raise while the additional period expires unless the buyer has said that he or she will not pay. Compensation: The seller may claim compensation from the buyer for financial loss he or she suffers as a result of breach of contract from the buyer cf. section 

46 of the Consumer Buying Act . Interest on late payment / collection fee: If the buyer does not pay the purchase price according to the agreement, the seller may claim interest on the purchase price pursuant to interest rate late payment. 9 In the absence of payment, the claim may be sent to the debtor in advance, and the buyer may then be held liable for 

fees pursuant to the collective debt collection and Other collection of overdue monetary claims.10 Fees for unpaid non-prepaid goods: If the buyer fails to collect unpaid goods, the seller may charge a buyer with a fee of $ 5 / return on return. The fee shall cover the seller's actual outlay to deliver the item to the buyer. Such a fee can not be charged to buyers under 18 years of age.

 


15. WARRANTY

Warranty provided by the seller or the manufacturer gives the buyer rights in addition to the rights the buyer already has after indelible legislation. A warranty thus does not imply any restrictions on the buyer's right to complaint and claims for delay or lack of items 12 and 13.

 

16. PERSONAL INFORMATION
Unless the buyer agrees to anything else, the seller may only retrieve and store the personal information necessary for the seller to be able to fulfill the obligations under the agreement. Personal data for buyers under 15 years can not be obtained unless the seller has consent from parents or guardians. The buyer's personal information shall only be disclosed to others if it is necessary for the seller to have the agreement with the buyer, or in a statutory case. The seller can only collect the buyer's social security number if there is a need for secure identification and such collection is required. 9 Act of 17 December 1976 No. 100 on interest on late payment.10 Act of 13 May 1988 No. 26 on debt collection and other recovery of overdue monetary requirements. 11 Fees can not be charged to persons under the age of 18 as they can not settle debt, see vgml. § 2. 12 See Act of 14 April 2000 No. 31 on the processing of personal data. 7 If the seller wishes to use the buyer's personal information for other purposes, for example, to send the buyer advertisements or information beyond what is necessary to complete the agreement, the seller must obtain the buyer's consent at the time of the contract. The seller must provide the buyer with information about what the personal information will be used for and about who will use the personal information. The buyer's consent must be voluntary and handed over to an asset action, for example by ticketing. The buyer should be able to easily contact the seller, for example by phone or email if he or she has questions about the seller's use of personal information or if he or she wants the seller to delete or change the personal information. 


17. CONFLICT SOLUTION

The parties shall endeavor to resolve any dispute in agreement. The buyer can contact the Consumer Council to get assistance in any dispute with the seller. If an amicable solution is not obtained after brokering in the Consumer Council, the parties may in writing request that the Consumer Council promote the dispute for the Consumer Rights Committee.13 Decisions of the Consumer Rights Committee shall be valid four weeks after the announcement. Before the decision is enforceable, the parties may, by submitting a letter to the Consumer Rights Committee, bring the decision to the District Court.

Company Name: Moonlight Mountain Gear AS 
Contact Address: Burfjord, 9161 Burfjord 
E-mail: Post@moonlightmountaingear.com 
Phone: +47 957 564 33