Store, return and purchase policy
Introduction
This purchase is governed by the following standard terms and conditions of sale for consumer purchases of goods over the Internet. Consumer purchases over the internet are mainly regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act and the E-Commerce Act, and these laws give the consumer inalienable rights. The laws are available at www.lovdata.no. The terms of this agreement are not to be construed as limiting the statutory rights, but set out the parties’ most important rights and obligations for trade.
1. The agreement
The agreement consists of these sales conditions, information provided in the order solution and any specially agreed terms. In the event of any conflict between the information, what is specifically agreed between the parties will prevail, as long as it does not contravene mandatory legislation.
The agreement will also be supplemented by relevant legal provisions that regulate the purchase of goods between businesses and consumers.
2. The parts
The seller is Pøbel Studio, or in the case of brokerage sales of art, Pøbel Studio will act as an intermediary on behalf of the artist Pøbel who is the contract counterparty. Pøbel STUDIO, which is the seller, is hereby referred to as us or us.
Pøbel Studio PO Box 111, 4349 BRYNE, Norway
The buyer is the person who is in the name of the order, and is hereinafter referred to as you or you.
3. Price
The stated price for the item and services is the total price you have to pay. This price includes the BKH fee (visual artists’ assistance fund) which according to the Art Fees Act is 5% of art sales. The price also includes any other taxes, but does not include any import taxes if you want the item delivered to a country other than Norway.
Additional costs that we have not informed about before the purchase, you shall not bear.
More info about the Norwegian art fee.
4. Entering into an agreement
The agreement is binding on both parties once you have sent us your order.
However, the agreement is not binding if there have been typing or typing errors in the offer from us in the ordering solution in the online store or in your order, and the other party realized or should have realized that such an error existed.
5. Payments
We offer different payment solutions, see the options at check-out and can demand payment for the item from the time it is sent from us to you.
Buyers under the age of 18 cannot pay by invoice.
6. Delivery
Delivery has taken place when you have taken over the item.
If the delivery time is not stated in the order solution, we will deliver the item to you without unnecessary delay and no later than 30 days after the order from you. The item must be delivered to you unless otherwise agreed between the parties.
7. The risk of the item
The risk for the item passes to you when the goods have been delivered in accordance with point 6.
8. Right of withdrawal
Unless the agreement is exempt from the right of withdrawal, you can cancel the purchase of the item in accordance with the Right of Withdrawal Act.
You must notify us of the use of the right of withdrawal within 14 days from the deadline begins to run. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday or public holiday, the deadline is extended to the nearest working day.
The cancellation deadline is considered complied with if notification is sent before the expiry of the deadline. You as the buyer have the burden of proving that the right of withdrawal has been exercised, and the notification should therefore be made in writing (right of withdrawal form, e-mail or letter).
The cancellation period begins to run:
• When purchasing individual items, the cancellation period will run from the day after the item (s) is received.
• If a subscription is sold, or the agreement involves regular delivery of identical goods, the deadline runs from the day after the first shipment is received.
• If the purchase consists of several deliveries, the cancellation period will run from the day after the last delivery has been received.
The withdrawal period is extended to 12 months after the expiry of the original deadline if we do not state before the conclusion of the agreement that there is a right of withdrawal and a standardized withdrawal form. The same applies in the event of lack of information on terms, deadlines and procedures for exercising the right of withdrawal. If we make sure to provide the information during these 12 months, the cancellation period still expires 14 days after the day the buyer received the information.
When using the right of withdrawal, the item must be returned to us without undue delay and no later than 14 days from notification of use of the right of withdrawal has been given. You cover the direct costs of returning the item, unless otherwise agreed or we have failed to state that you will cover the return costs. We can not set a fee for your use of the right of withdrawal.
You can try or test the item in a safe way to determine the item’s nature, properties and function, without the right of withdrawal lapse. If testing or testing of the item goes beyond what is justifiable and necessary, you may be responsible for any reduced value of the item.
We are obliged to refund the purchase price to you without undue delay, and no later than 14 days from when we were notified of your decision to exercise the right of withdrawal. We have the right to withhold payment until we have received the goods from you, or until you have submitted documentation that the goods have been returned.
9. Delay and non-delivery – your rights and deadline for reporting claims
If we do not deliver the product or deliver it late in accordance with the agreement between the parties, and this is not due to you or circumstances on your part, you can, according to the rules in the Consumer Purchase Act Chapter 5, withhold the purchase price, demand fulfillment, terminate the agreement and / or demand compensation from us.
In the event of a claim for default rights, the notification should, for evidentiary reasons, be in writing (eg e-mail).
Fulfillment
You can maintain the purchase and demand fulfillment from us. However, you can not demand fulfillment if there is an obstacle that we can not overcome, or if fulfillment will entail such a great inconvenience or cost to us that it is in significant disproportion to your interest in us fulfilling. Should the difficulties disappear within a reasonable time, you can still demand fulfillment.
You lose your right to demand fulfillment if you wait an unreasonably long time to advance the claim.
Lifting
If we do not deliver the item at the time of delivery, you must encourage us to deliver within a reasonable additional deadline for fulfillment. If we do not deliver the item within the additional deadline, you can cancel the purchase.
However, you can cancel the purchase immediately if we refuse to deliver the item. The same applies if delivery at the agreed time was decisive for the conclusion of the agreement, or if you have informed us that the time of delivery is decisive.
Replacement
You can claim compensation for a small loss due to the delay. However, this does not apply if we prove that the delay is due to an obstacle beyond our control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome the consequences of.
10. Lack of the item – your rights and complaint deadline
If there is a defect in the item, you must, within a reasonable time after it was discovered or should have been discovered, notify us that you want to claim the defect. You have always advertised in time if it happens within 2 months. from the defect was discovered or should have been discovered. Complaints can be made no later than two years after the buyer took over the item. If the product or parts of it are intended to last significantly longer than two years, the complaint period is five years.
If the item has a defect and this is not due to you or circumstances on your part, you can according to the rules in the Consumer Purchase Act Chapter 6 depending on the circumstances withhold the purchase price, choose between correction and re-delivery, demand price reduction, demand the agreement terminated and / or demand compensation from us.
Complaints to us should be made in writing.
Correction or re-delivery
You can choose between claiming the defect or correcting the delivery of similar items. We may nevertheless oppose your claims if the implementation of the claim is impossible or causes us unreasonable costs. Correction or re-delivery must be made within a reasonable time. We are in principle not entitled to make more than two remedial attempts for the same defect.
Price reduction
You can demand a suitable price reduction if the item is not corrected or returned. This means that the ratio between reduced and agreed price corresponds to the ratio between the value of the item in defective and contractual condition. If there are special reasons for it, the price reduction can instead be set equal to the significance of the defect for you.
Lifting
If the item has not been repaired or returned, you can also cancel the purchase when the defect is not insignificant.
11. Our rights in the event of your default
If you do not pay or fulfill the other obligations under the agreement or the law, and this is not due to us or circumstances on our part, we can according to the rules in the Consumer Purchase Act chapter 9, depending on the circumstances, withhold the item, demand fulfillment of the agreement, demand termination of the agreement and claim compensation from you. We will also, depending on the circumstances, be able to demand interest in the event of late payment, collection fee and a reasonable fee for uncollected goods.
Fulfillment
We can maintain the purchase and demand that you pay the purchase price. If the item is not delivered, we lose our right if we wait unreasonably long to advance the claim.
Lifting
We may terminate the agreement if there is a material default or other material default on your part. However, we can not withdraw if the full purchase price has been paid. If we set a reasonable additional deadline for fulfillment and you do not pay within this deadline, we can cancel the purchase.
Interest on late payment / collection fee
If you do not pay the purchase price in accordance with the agreement, we can demand interest on the purchase price in accordance with the Late Payment Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to you and you may then be held liable for fees under the Debt Collection Act.
Fee for uncollected non-prepaid goods
If you fail to collect unpaid goods, we may charge the buyer a fee. The fee must cover a maximum of our actual expenses for delivering the item to you. Such a fee can not be charged to buyers under 18 years of age.
12. Warranty
Warranty given by us or the manufacturer gives you rights in addition to those you already have under mandatory legislation. A guarantee thus does not imply any restrictions on your right to a complaint and claims in the event of delay or defects in accordance with points 9 and 10.
13. Personal information
See our privacy policy page about this.
14. Conflict resolution
Complaints are addressed to us within a reasonable time, cf. items 9 and 10. The parties shall try to resolve any disputes amicably. If this does not succeed, you can contact the Consumer Council for mediation. The Consumer Council is available on telephone 23 400 500 or www.forbrukerradet.no.
The European Commission’s complaints portal can also be used if you wish to lodge a complaint. This is especially relevant if you are a consumer residing in another EU country. The complaint is submitted here: http://ec.europa.eu/odr.