Sales Conditions for Consumer Purchases of Goods over the Internet
Last updated: 28 January 2020
This purchase is regulated by the Standard Sales Conditions for Consumer Purchases of 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 mandatory 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.
By “consumer purchases” is meant here sales of goods to consumers who are not primarily acting for commercial purposes, and in which the seller is acting for commercial purposes by selling goods via the Internet. The contract is developed and its use recommended by the Consumer Ombudsman.
The contract consists of:
1.1 These Sales Conditions
1.2 The information given in the ordering solution, which includes the information on the nature of the good, its quantity, quality, other properties, price and conditions of delivery. This information is on the website https://ai4k.eu. Answers to specific conditions can be found in the following link: https://ai4k.eu/websites/website-plans-store/#Questions
1.3 Any specially agreed conditions, which include direct correspondence by email or text messages, and the project plan.
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 purchase of goods between traders and consumers.
The seller is Jorge Ledezma, address: John Strandrudsvei 9 Lysaker, Norway, email: email@example.com, phone number 48505240, and 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.
The stated price for the goods and services is the total price to be paid by the Purchaser. This price includes all taxes and additional costs. The Purchaser 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.
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.
The Seller has a particular need to require advance payment from the buyer, as is the case with goods that are to be manufactured or adapted for the buyer. The ai4k Websites Plans are tailor-made products and require the purchase in advance of software licenses, hosting and registration of domain names to third-party sellers. The credit or debit card will be charged on the same day the order is placed.
Purchaser and Seller agree on a project plan created by the Seller, with partial deliveries and the final Website Plan Delivered Date. Purchaser and Seller should deliver on time the information required for each part of the project. Seller may extend the dates if delays may occur due to personal reasons in any of both parties, due to any changes that could not have reasonably been foreseen at the time of the preparation of the project plan, or for additional requirements of the Purchaser.
Delivery has occurred once the Website Plan is “ready to be online”. For more details about the Website Plan Delivery Date please visit the sub-section Warranty and Right of Withdrawal in the section Questions.
7 Product risk
Product risk is assumed by the Purchaser as soon as the Website Plan is delivered at the Website Plan Delivered Date.
The Seller assumes none risk in the period of One Year of Free Support regarding changes in the WordPress or any additional software, hosting conditions, or anything related to the Website Plans implementation, nor by extreme informatic virus attack or hacking attack that overpass the safety firewalls of the hosting provider or by the installed security software in the WordPress platform. Websites Backups are periodically taken as an additional measure to recover the website if something out of control happens, and the Advanced Recovery product may be required.
8 Right to cancel
The contract is exempt from the right to cancel due to the ai4k Websites Plans and all products in a sale on the Website Plan Store are tailor-made products. For more details about Right of Withdrawal please visit the sub-section Warranty and Right of Withdrawal in the section Questions, and here.
When you buy a book in our ai4k Bookstore, we serve as portals of a third-party trader. In that case the contract is exempt from the right to cancel due to what is stated here.
9 Delays and non-delivery: the Purchaser’s rights and time limit to make a claim
If the Seller does not deliver the good or delivers it late according to the terms of the parties’ contract, and this is not due to the Purchaser (delay in the delivery of required information for the website design e.g.) or to conditions* on the part of the Purchaser, the Purchaser may, in accordance with Chapter 5 of the Consumer Purchases Act, withhold the purchase sum, demand performance of the contract or terminate the contract, according to the relevant circumstances.
*The purchase of software licenses, hosting services and all third-party purchases related to the website implementation are done for the specific use of the Purchaser, it means those are conditions on the part of the Purchaser.
For demands of remedy for breach of contract, notice should be given in writing for the purposes of documentation (e.g. by email).
The Purchaser may affirm the purchase and demand performance from the Seller. The Purchaser may not, however, demand performance if there is a barrier to performance the Seller cannot overcome, or if performance would cause a great disadvantage or expense to the Seller that is out of proportion to the Purchaser’s interest in the performance. Should these obstacles be removed within a reasonable amount of time, however, the Purchaser may demand performance.
The Purchaser loses his/her right to demand performance if he/she waits an unreasonably long time to make the claim.
If the Seller does not deliver the good at the time set for delivery, the Purchaser shall call on the Seller to deliver within a reasonable additional time frame for performance. If the Seller does not deliver the goods within the additional time frame, the Purchaser may cancel the purchase. This implies, however, the discount of the cost incurred by the Seller in software licenses, hosting and domain name, professional hours for the Set-Up, and the previously agreed delivered partial items, as detailed in the sub-section Warranty and Right of Withdrawal in the section Questions.
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. Due to the nature of the Websites Plans (a software implementation that changes over time, hosted in a third-party hosting service and using third-party software), and to the fact of the approved partial deliveries scheduled in the project plan, previously agreed by the Purchaser and the Seller, the defects can be invoked not later than 14 days after of the Website Plan Delivered Date. After this period, any change or modification are counted from those included free in the One Year of Free Support, or by buying professional time if the One Year of Free Support is not present.
Notice should be given to the Seller in writing.
11 Seller’s rights in case of Purchaser’s breach of contract
If the Purchaser does not pay or otherwise fulfill 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 accordance with the rules in Chapter 9 of the Consumer Purchases Act, withhold the good, demand performance of the contract, terminate the contract and demand compensation from the Purchaser, according 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.
If the Purchaser does not pay, the Seller may affirm 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 unreasonably long time to make the claim.
Upon significant non-payment breach or any other 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.
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 contract. 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