Terms of Service

The Agreement

The agreement consists of these terms of sale, information provided in the ordering solution, and any specially agreed terms. In case of any conflict between the information, the specially agreed terms between the parties shall prevail, as long as it does not contradict mandatory legislation. The agreement will also be supplemented by relevant legal provisions regulating the purchase of goods between businesses and consumers.

The Parties

The seller is Tokmax, Oslo, Dælenengata 31, [email protected], +47+47255621, Stags AS - 931 477 358 - Oslo, and is referred to as the seller/the seller hereafter. The buyer is the consumer who places the order, and is referred to as the buyer/the buyer hereafter.

Price

The stated price for the goods and services is the total price the buyer must pay. This price includes all taxes and additional costs. Any additional costs that the seller has not informed about before the purchase shall not be borne by the buyer.

Conclusion of the Agreement

The agreement is binding for both parties when the buyer has sent his order to the seller.

However, the agreement is not binding if there are typographical or input errors in the offer from the seller in the ordering solution in the online store or in the buyer's order, and the other party realized or should have realized that such an error existed.

Payment

The seller can demand payment for the goods from the time they are sent from the seller to the buyer, which is immediately following as it is a digital product. If the buyer uses a credit card or debit card for payment, the seller may reserve the purchase amount on the card at the time of ordering. The card is charged the same day the goods are shipped.

Buyers under 18 years of age cannot purchase and must have a guardian or parent.

Delivery

Delivery is made when the buyer, or his representative, has taken possession of the item. If the delivery time is not specified in the ordering solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the order from the customer.

Risk of the Goods

The risk of the goods passes to the buyer when he, or the buyer's representative, has received the goods delivered in accordance with point 6.

Right of Withdrawal

Unless the agreement is exempt from the right of withdrawal, the buyer can withdraw from the purchase if the goods have not been delivered.

The buyer must notify the seller of the use of the right of withdrawal within 14 days from the start of the withdrawal period. All calendar days are included in the deadline. If the deadline ends on a Saturday, public holiday, or holiday, the deadline is extended to the next working day.

The withdrawal period is considered adhered to if the notification is sent before the end of the period. The buyer bears the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be made in writing (withdrawal form, email, or letter).

The withdrawal period starts running:

For the purchase of individual goods, the withdrawal period runs from the day after the goods are received.

Delay and Non-Delivery - Buyer’s Rights and Deadline for Claim

If the seller does not 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 side, the buyer may, according to the rules of the Consumer Purchases Act, Chapter 5, withhold the purchase amount, demand fulfillment, cancel the agreement and/or claim compensation from the seller. For claims regarding breach of contract remedies, the notification should, for evidentiary reasons, be made in writing (e.g., email).

Fulfillment The buyer can uphold the purchase and demand fulfillment from the seller. However, the buyer cannot demand fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment will cause such a great inconvenience or cost to the seller that it is in substantial disproportion to the buyer's interest in the seller fulfilling. If the difficulties disappear within a reasonable time, the buyer may still demand fulfillment.

The buyer loses the right to demand fulfillment if he or she waits unreasonably long to make the claim.

Cancellation

If the seller does not deliver the goods at the delivery time, the buyer shall urge the seller to deliver within a reasonable additional period for fulfillment. If the seller does not deliver the goods within the additional period, the buyer can cancel the purchase.

The buyer can, however, cancel the purchase immediately if the seller refuses to deliver the goods. The same applies if delivery at the agreed time was crucial for entering into the agreement, or if the buyer has informed the seller that the delivery time is crucial.

If the item is delivered after the additional period set by the consumer or after the delivery time that was crucial for entering into the agreement, the cancellation claim must be made within a reasonable time after the buyer became aware of the delivery.

Compensation

The buyer can claim compensation for any loss incurred as a result of 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 considered at the time of the agreement, avoided, or overcome the consequences of.

Defect in the Goods - Buyer’s Rights and Complaint Deadline If there is a defect in the goods, the buyer must notify the seller within a reasonable time after the defect was discovered or should have been discovered, indicating that he or she will invoke the defect. The buyer has always complained in time if it happens within two months from when the defect was discovered or should have been discovered. The complaint can be made no later than two years after the buyer took over the goods. If the goods or parts of them are intended to last significantly longer than two years, the complaint period is five years. If the goods have a defect and this is not due to the buyer or circumstances on the buyer's side, the buyer may, according to the rules of the Consumer Purchases Act, Chapter 6, withhold the purchase amount, choose between repair and replacement, demand a price reduction, cancel the agreement and/or claim compensation from the seller.

Complaints to the seller should be made in writing.

Repair or Replacement

The buyer can choose between demanding the defect be repaired or delivery of equivalent goods. However, the seller can oppose the buyer's claim if fulfilling the claim is impossible or causes the seller unreasonable costs. Repair or replacement must be carried out within a reasonable time. The seller does not generally have the right to make more than two attempts to remedy the same defect.

Price Reduction

The buyer can demand an appropriate price reduction if the goods are not repaired or replaced. This means that the ratio between the reduced and agreed price corresponds to the ratio between the value of the item in defective and contractual condition. If special reasons justify it, the price reduction can instead be set equal to the defect's significance for the buyer.

Cancellation

If the goods are not repaired or replaced, the buyer can also cancel the purchase when the defect is not insignificant.

Seller’s Rights in Case of Buyer’s Breach

If the buyer does not 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 side, the seller may, according to the rules of the Consumer Purchases Act, Chapter 9, withhold the goods, demand fulfillment of the agreement, cancel the agreement, and claim compensation from the buyer. The seller may also, depending on the circumstances, demand interest on late payment, collection fees, and a reasonable fee for uncollected goods. Fulfillment The seller can uphold the purchase and demand that the buyer pays the purchase amount. If the goods are not delivered, the seller loses his right if he waits unreasonably long to make the claim.

Warranty

A warranty provided by the seller or the manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A warranty thus does not impose any restrictions on the buyer's right to complain and claims in case of delay or defects under points 9 and 10.

Personal Data

The data controller for collected personal data is the seller. Unless the buyer consents to something else, 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 others if necessary for the seller to fulfill the agreement with the buyer, or in statutory cases.

Dispute Resolution

Complaints are directed to the seller within a reasonable time, cf. points 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is not successful, the buyer can contact the Consumer Council for mediation. The Consumer Council is available at phone 23 400 600 or www.forbrukertilsynet.no.

The European Commission's complaint portal can also be used if you wish to submit a complaint. This is particularly relevant if you are a consumer residing in another EU country. The complaint is submitted here: http://ec.europa.eu/odr.