1. The agreement
The agreement consists of these terms of sale, information given in the ordering solution and any specifically written agreed signed terms. In the event of any conflict between the information, the specifically agreed terms will be valid, provided that it does not conflict with unavoidable legislation.
In addition, the agreement will be supplemented by relevant statutory provisions governing the purchase of goods between traders and consumers under Norwegian law. For goods purchased by consumers outside Norway or transported out of Norway, Norwegian legislation and regulations still apply.
By checking the box in the payment solution and submitting your order, you / the buyer confirms to have read and understood the agreement. The buyer agrees and accepts to these relevant terms and conditions and specifically, special terms in this agreement.
2. Parties
The seller is Zaar Nordic Handpan, Glomvangveien 180, 2476 Atna, Norway, jzsoundart@gmail.com, +47 4548 1344, org.nr: 923227490, and is hereinafter referred to as the seller / seller.
The buyer is the consumer who makes the order and is hereinafter referred to as the buyer / buyer.
3. Price
The stated price for the item and services for products purchased in, and will be shipped inland in Norway is the total price the buyer is required to pay. This price includes all charges and additional costs. An additional costs that is not presented before the purchase, shall not be charged to the buyer.
For purchases from or for export outside of Norway, charges and additional costs may apply. Any fees and additional costs in this case are borne by the buyer. It is the buyer’s responsibility to understand which fees and additional costs may or will be incurred if the product is to be shipped out of Norway.
Any errors in price, currency, fees and additional costs may occur. Seller uses multiple third party solutions in our online store for currency, price giving, shipping and payment. Seller reserves the right to terminate the contract for any reason, until the goods are delivered to the buyer in accordance with paragraph 6, if eventual procedural errors in currency, price, delivery, payment, fees or other additional costs would occur.
4. Agreement
The agreement is a binding contract for both parties when the buyer has sent his order to the seller.
However, the agreement is not binding if there is a typing or writing error in the offer from the seller in the order solution, in the online store or in the buyer’s order and the other party realized or ought to have realized that such an error exists.
5. Payments
The seller may require payment for the item from the time it is ordered by the buyer, regardless of whether this is a pre-sale or in stock item.
If the buyer uses credit or debit card upon payment, the seller may reserve the purchase price on the card when ordering. The card will be charged at the earliest at time of booking and at the latest before the item is shipped.
In case of invoice payment, the invoice of the buyer will be issued upon shipment of the item. The payment deadline appears in the invoice and is at least 14 days from delivery.
Buyers under 18 years can not pay with subsequent invoice.
6. Shipping and Delivery
The seller is free to choose, change and re-book the delivery method. Depending on the service chosen, the consignment can either be delivered to your door, or to a pick-up point. The deadline for picking up parcels at the pick-up point is decided by the local pick-up point, normally within 7 working days.
The buyer is responsible for the correct contact details being provided, and for being available to the forwarder until delivery / collection of the consignment has taken place. Furthermore, the buyer is obliged to pay the fees and additional costs that may be incurred. Normally, VAT and handling surcharges in the receiving country will be added.
If the buyer has attempted to be contacted, or the shipment has been attempted to be delivered, or cannot be delivered due to non-payment, the buyer is held responsible for all additional costs. If the shipment is returned to the seller, this is at the buyer’s expense.
The seller reserves the right to withhold the purchase price until the shipment in its entirety has been returned to the seller, and all necessary documentation for settlement is available. The buyer has the option to pay for new shipping, and refund does not happen automatically without a request from the buyer.
Upon final return, a settlement is made with deductions for:
All additional costs (including; all reasonable costs and expenses (including storage) incurred by the seller, all losses, expenses, taxes and customs duties that the seller may incur, and all claims made against the seller as a result of the shipment not being delivered to the buyer in accordance with this agreement).
Original shipping with minimum amount of selected shipping, or actual shipping cost if this is higher than selected shipping.
Delivery has taken place when the buyer, or his representative, has taken over the goods.
The delivery time that appears in the ordering solution is an estimate based on the forwarders’ offer and shipping times under normal conditions. Delays may occur, and during public holidays, Black Friday and Christmas it must be expected that additional delays may occur. The seller must deliver the goods to the buyer without undue delay and no later than 30 days after the order from the customer. In the case of export, this deadline applies for delivery to the forwarding agent, and the deadline for delivery to customer is set at 90 days. The goods must be delivered to the buyer, unless otherwise separately agreed between the parties.
7. The risk of the goods
The risk of the goods passes upon the buyer when he or his representative has received the goods in accordance with paragraph 6.
8. Right of cancellation
The buyer can cancel the purchase of the goods in accordance with the Norwegian cancellation act. This applies to goods sold to consumers in Norway. For goods sold on export from Norway, the right of cancellation does not apply and returns are not accepted.
The buyer must notify the seller of the use of the right of cancellation within 14 days from the date of expiry. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday or holiday, the deadline for the next business day is extended.
The deadline for filing is deemed to be complied with if a message has been sent before the expiry of the deadline. The buyer has the burden of proof that the right of cancellation has been made applicable and the notice should therefore be in writing (cancellation form, e-mail or letter).
The cancellation time begins to run:
• When buying single items, the deadline will expire on the day after the item (s) are received.
• Purchase of multiple deliveries, the deadline will run from the day after the last delivery is received.
The expiry date is extended to 12 months after the expiration of the original deadline if the seller does not announce a right of cancellation and a standardized resignation form prior to the date of the agreement. The same applies to missing information about terms, deadlines and procedures for using the right of cancellation. If the seller provides the information during these 12 months, the deadline will expire 14 days after the date the seller sent this information.
When using the right of cancellation, the item must be returned to the seller without undue delay and no later than 14 days from the notice of use of the right of cancellation. The buyer covers the direct costs by returning the goods, unless otherwise agreed. The responsibility for the return and the product lies with the buyer until the product is received by the seller. The seller can not set a fee for the buyer’s use of the right of withdrawal.
The buyer may try or test the product in a proper manner to determine the nature, characteristics and function of the product without the right of cancellation to fall. If testing or testing of the item goes beyond what is reasonable and necessary, the buyer may be liable for any reduced value of the item.
When using the right of return, the item must be returned in its original form, including all package and packaging, so that the item can be sold as new. If the product or the package and packaging have any use marks, scratches, damage or whatsoever deteriorated , the product is no longer considered new, or tested or tested in a proper manner and the right of cancellation will be lost.
The seller is obliged to refund the purchase price to the buyer using the right of cancellation act, within 14 days from the seller has received and checked the item and without undue delay.
9. Delay and non-delivery – Buyer’s rights and deadline for making claims
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 reasons caused by the buyer, the buyer may, in accordance with the rules in the Consumer Buying Act’s Chapter 5, withhold the purchase price, demand fulfillment, terminate the agreement and / or claim replacement from the seller.
In case of non-compliance, the statement of evidence should be in writing (for example, e-mail).
Fulfillment
The buyer can maintain the purchase and demand fulfillment from the seller. However, the buyer can not claim fulfillment if there is an obstacle that the seller can not overcome or if fulfillment will cause such a major disadvantage or expense to the seller that there is a significant disproportionate interest to the buyer’s interest in the seller fulfilling. Should the difficulties fall away within a reasonable time, the buyer may still require fulfillment.
The buyer loses his right to demand fulfillment if he or she waits unreasonably long time to promote the claim.
Cancel
If the seller does not deliver the item at the time of delivery, the buyer shall request the seller to deliver within a reasonable time limit for fulfillment. If the seller does not deliver the item within the time limit, the buyer may cancel the purchase.
Buyer may, however, cancel the purchase immediately if the seller refuses to deliver the item. The same applies if delivery at the agreed time was decisive for the conclusion of the agreement or if the buyer has notified the seller that the delivery date is decisive.
If the item is delivered after the time limit set by the consumer after the delivery date that was decisive for the conclusion of the agreement, the claim must be made within a reasonable period of time after the buyer was informed of the delivery.
Replacement
The buyer may claim compensation for loss due to the delay. However, this does not apply if the seller proves that the delay is due to an obstacle beyond the seller’s control that could not reasonably have been taken into consideration during the term of the agreement, avoided or overcome the consequences. The compensation is limited to the value of the product and does not include loss of time, loss of use or any other indirect loss.
10. Lack of goods – Buyer’s rights and complaint deadline
If there is a defect in the goods, the buyer must, within a reasonable time after it was discovered or should have been discovered, inform the seller that he or she will invoke the defect. Buyer has always informed on time if within 2 months from the deficiency was discovered or should have been discovered. Complaints can be made within two years after the buyer took over the item. If the item or part of it is intended to last substantially longer than two years, the warranty period is five years.
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 Purchase Act, chapter 6, according to the circumstances, retain the purchase price, choose between fixing and redeployment, claim price reduction, demand the agreement raised and / or claim compensation from the seller.
Complaints to the seller should be made in writing.
Correction or replacement
The buyer can choose between requiring the defect rectified or delivery of similar items. The seller may, however, oppose the buyer’s claim if the execution of the claim is impossible or results in the seller’s unreasonable costs. Correction or redeployment must be made within a reasonable time. The seller does not initially have the right to make more than two remedies for the same defect.
Price reduction
Buyer may require an appropriate price reduction if the item is not corrected or re deployed. This implies that the ratio between the discounted and agreed price corresponds to the ratio of the value of the goods in a deficient and contractual manner. If special reasons arise for this, the price reduction can instead be considered equivalent to the defect for the buyer.
Canceling
If the item is not corrected or returned, the buyer may also cancel the purchase when the defect is not insignificant.
11. Seller’s right to buyer’s default
If the buyer fails to pay or meet other obligations under the agreement or the law, and this is not due to the seller or conditions of the seller, the seller in accordance with the rules of Norwegian consumer act, Chapter 9 by circumstances withhold the product, require fulfillment of the agreement, demand the agreement canceled and demand compensation from the buyer. The seller may also require interest on late payment, collection fee and a reasonable fee for uncollected goods.
Fulfillment
The seller can maintain the purchase and demand that the buyer pay the purchase price. If the product is not delivered, the seller loses his right if he waits unreasonably long time to promote the claim.
Canceling
Seller may terminate the agreement if there is significantly breach of payment or other significantly breach by the buyer. The seller can not, however, cancel if the entire purchase price has been paid. If the seller gives a reasonable additional deadline for fulfillment and the buyer does not pay within this deadline, the seller may cancel the purchase.
Interest on late payment / collection fee
If the buyer does not pay the purchase price of the agreement, the seller may claim interest on the purchase price pursuant to the Norwegian delay interest rate act. In the case of non-payment, the claim may, after prior notice, be sent to the Buyer, be held liable for the fee after collection.
Fees for unpaid non-prepaid items
If the buyer fails to collect unpaid goods, the seller may charge the buyer with a fee. The fee shall cover at most the seller’s actual expenses in order to deliver the item to the buyer. Such a fee can not be charged to buyers under 18 years of age.
12. Warranty
The product has a 2-year warranty in accordance with the Norwegian Consumer Buying Act.
This warranty applies to defects or deficiency of the product and does NOT apply:
Damage, malfunction, or wear and tear resulting from normal use, faulty or lack of maintenance, user error or alteration of the product, accidents, careless use or use of force, negligence, and any use not in accordance with the product user manual.
The warranty covers shipping in Norway if the defect or deficiency is covered by the warranty. If the defect or deficiency is not covered by the warranty, it is the buyer who must cover shipping to and from the seller’s address.
Examination of the product is done by Zaar Nordic Handpan. Products not covered by the warranty will be offered repaired at the buyer’s expense when economically appropriate and possible.
Warranty coverage and Zaar Nordic Handpan‘s liability are limited to the product itself and its purchase price. It does not include loss of time, loss of use or other indirect loss. Nor loss or damage to any other person, object, or property, regardless of whether Zaar Nordic Handpan is or should have been aware of defects or defects in the product.
13. Personal Information
Consent to secure data transfer:
Seller makes every effort to protect your personal data. By accepting this agreement by checking the box in the payment solution, you agree to transfer the data and personal information specified in the ordering solution to the secure e-commerce servers we use through our third party in the USA.
The buyer’s personal information will only be disclosed to others if it is necessary for the seller to complete the agreement with the buyer, or in a statutory case.
Information such as name, address, telephone, and e-mail will have to be delivered to the shipping company for delivery and tracking of the item.
14. Conflict Resolution
Complaints are addressed to the seller within a reasonable time, cf. paragraphs 9 and 10. The parties shall try to resolve any disputes as a matter of urgency. If this fails, the buyer can contact the Consumer Council for mediation. Consumer Council is available on Phone +47 23 400 500 or www.forbrukerradet.no.