TERMS & CONDITIONS

Introduction

This purchase is governed by the following standard terms and conditions for consumer purchases of goods over the Internet. Consumer purchases over the Internet are primarily regulated by the Contract Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act, all of which grant the consumer irrevocable rights. These laws are available at www.lovdata.no. The terms of this agreement should not be interpreted as a limitation of statutory rights but rather as outlining the main rights and obligations of the parties involved in the transaction.

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The terms and conditions are prepared and recommended by the Consumer Authority. For a better understanding of these terms, refer to the Consumer Authority’s guide.

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1. The Agreement

The agreement consists of these terms and conditions, information provided in the ordering system, and any separately agreed-upon terms. In case of any conflict between the information provided, the separately agreed-upon terms between the parties will take precedence, as long as they do not contradict mandatory legal provisions.

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In addition, the agreement will be supplemented by relevant legal provisions regulating the sale of goods between businesses and consumers.

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2. The Parties

The seller is Mindful Ventures AS, Mauritz Hansens Gate 6C, hei@mindfulventures.no, +47 40189502, Org nr: 919440465, referred to hereafter as the seller.

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The buyer is the consumer who places the order, referred to hereafter as the buyer.

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3. Price

The stated price for the goods and services is the total amount the buyer must pay. This price includes all taxes and additional costs. The buyer shall not be liable for any additional costs that the seller has not informed them of before the purchase.

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4. Conclusion of the Agreement

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

 

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

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5. Payment

The seller may demand payment for the goods from the moment they are dispatched to the buyer.

If the buyer uses a credit 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.

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When paying by invoice, the invoice is issued to the buyer upon dispatch of the goods. The payment deadline is stated on the invoice and is at least 14 days from receipt.

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Buyers under 18 years of age cannot pay via post-payment invoice.

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6. Delivery

Delivery occurs when the buyer, or their representative, takes possession of the goods.

If no delivery time is specified in the ordering system, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the customer’s order. The goods will be delivered to the buyer unless otherwise agreed between the parties.

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7. Risk of Goods

The risk of the goods passes to the buyer when they, or their representative, have taken delivery of the goods in accordance with section 6.

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8. Right of Withdrawal

Unless the agreement is exempt from the right of withdrawal, the buyer can withdraw from the purchase of the goods according to the Right of Withdrawal Act.

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The buyer must notify the seller of their intent to use the right of withdrawal within 14 days from when the period starts. All calendar days are included in this period. If the period ends on a Saturday, public holiday, or holiday, the deadline is extended to the nearest business day.

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The right of withdrawal is considered to be upheld if notice is sent before the deadline. The buyer bears the burden of proof that the right of withdrawal has been exercised, and the notice should therefore be sent in writing (via the withdrawal form, email, or letter).

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The withdrawal period begins to run:

• For individual items, the day after the item(s) is received.

• For subscriptions or agreements involving regular deliveries of identical items, from the day after the first delivery is received.

• If the purchase consists of several deliveries, the withdrawal period runs from the day after the last delivery is received.

• The withdrawal period is extended to 12 months after the original period expires if the seller does not provide information about the right of withdrawal and the standardized withdrawal form before the agreement is concluded. The same applies if there is a lack of information about conditions, deadlines, and procedures for exercising the right of withdrawal. If the seller provides the necessary information during this 12-month period, the withdrawal period expires 14 days after the day the buyer received the information.

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When exercising the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days from the date the seller was notified of the withdrawal. The buyer is responsible for covering the direct costs of returning the goods, unless otherwise agreed or the seller failed to inform the buyer that return costs are to be borne by the buyer. The seller cannot charge a fee for the buyer’s use of the right of withdrawal.

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The buyer may inspect or test the goods in a responsible manner to establish the nature, characteristics, and functioning of the goods, without losing the right of withdrawal. If the inspection or testing of the goods exceeds what is reasonable and necessary, the buyer may be liable for any reduction in the value of the goods.

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The seller is obliged to refund the purchase price to the buyer without undue delay, and no later than 14 days after the seller received notification of the buyer’s decision to exercise the right of withdrawal. The seller is entitled to withhold the refund until they have received the goods from the buyer or the buyer has provided proof that the goods have been returned.

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9. Delay and Non-Delivery – Buyer’s Rights and Deadlines for Claims

If the seller does not deliver the goods or delivers them late according to the agreement between the parties, and this is not due to the buyer or circumstances on the buyer's side, the buyer can, under the provisions of Chapter 5 of the Consumer Purchases Act, withhold the purchase price, demand fulfillment, terminate the agreement, and/or claim compensation from the seller.

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For claims related to breach of contract, the notice should be made in writing (for example, via email) for evidentiary purposes.

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Fulfillment
The buyer may insist on completing the purchase and demand fulfillment from the seller. However, the buyer cannot demand fulfillment if there is an obstacle the seller cannot overcome or if fulfilling the contract would result in significant inconvenience or cost for the seller, disproportionate to the buyer's interest in having the seller fulfill it. If the difficulties cease within a reasonable time, the buyer may still demand fulfillment.

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The buyer loses their right to demand fulfillment if they wait an unreasonable amount of time to present the claim.

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Termination
If the seller fails to deliver the product at the agreed delivery time, the buyer must urge the seller to deliver within a reasonable extended period. If the seller does not deliver the product within this extended period, the buyer may terminate the purchase.

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However, the buyer may immediately terminate the purchase if the seller refuses to deliver the product. The same applies if timely delivery was crucial to the contract or if the buyer informed the seller that the delivery time was critical.

If the product is delivered after the extended period or after the crucial delivery date, the buyer must declare the termination within a reasonable time after becoming aware of the delivery.

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Compensation
The buyer can demand compensation for any loss incurred due to the delay. However, this does not apply if the seller proves that the delay was due to an obstacle outside the seller's control, which could not reasonably have been considered at the time of the contract, avoided, or overcome.

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10. Defects in the Product – Buyer's Rights and Complaint Deadline
If there is a defect in the product, the buyer must notify the seller within a reasonable time after the defect was discovered or should have been discovered. The buyer has always complained in time if done within two months after the defect was discovered or should have been discovered. Complaints can be made no later than two years after the buyer received the product. If the product or parts of it are meant to last substantially longer than two years, the complaint period is five years.

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If the product has a defect not caused by the buyer, the buyer may, according to the rules in Chapter 6 of the Consumer Purchases Act, withhold payment, choose between rectification and replacement, demand a price reduction, terminate the contract, and/or claim compensation from the seller.

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The complaint should be submitted in writing.

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Rectification or Replacement
The buyer may choose between having the defect rectified or receiving a replacement product. The seller can oppose the buyer's demand if fulfilling the demand is impossible or imposes unreasonable costs on the seller. Rectification or replacement should occur within a reasonable time. The seller generally does not have the right to attempt more than two remedies for the same defect.

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Price Reduction
The buyer may demand an appropriate price reduction if the product is not rectified or replaced. This means the proportion between the reduced and agreed price should reflect the proportion between the product's value in its defective and contractual condition. If there are special reasons for it, the price reduction may instead be set according to the significance of the defect for the buyer.

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Termination
If the product is not rectified or replaced, the buyer may also terminate the purchase if the defect is not insignificant.

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11. Seller's Rights in Case of Buyer's Breach of Contract
If the buyer does not pay or fulfill other obligations under the agreement or the law, and this is not due to the seller or conditions on the seller's side, the seller may, according to the rules in Chapter 9 of the Consumer Purchases Act, withhold the product, demand fulfillment of the contract, terminate the contract, and/or claim compensation from the buyer. The seller may also, under certain circumstances, demand interest on late payments, collection fees, and a reasonable fee for uncollected goods.

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Fulfillment
The seller may insist on completing the sale and demand the buyer pay the purchase price. If the product has not been delivered, the seller loses the right to demand payment if they wait an unreasonable time to present the claim.

Termination

The seller may terminate the contract in cases of significant breach of payment or other substantial breaches by the buyer. However, the seller cannot terminate the contract if the full purchase price has been paid. If the seller sets a reasonable additional period for the buyer to fulfill the payment and the buyer does not pay within this period, the seller may terminate the purchase.

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Interest on Late Payment/Collection Fees
If the buyer does not pay the purchase price as agreed, the seller may demand interest according to the Late Payment Interest Act. In case of non-payment, the claim may be sent for collection after prior notice. The buyer may then be held liable for fees under the Collection Act.

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Fee for Uncollected Non-Prepaid Goods
If the buyer fails to collect unpaid goods, the seller may charge a fee. The fee must not exceed the seller’s actual expenses for delivering the product to the buyer. Such a fee cannot be charged to buyers under 18 years of age.

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12. Warranty
A warranty provided by the seller or manufacturer grants the buyer rights in addition to those already provided by non-waivable legislation. Therefore, a warranty does not limit the buyer’s rights to complaints or claims for delays or defects according to sections 9 and 10.

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13. Personal Data
The seller is responsible for the personal data collected. Unless the buyer consents otherwise, the seller may, in accordance with the Personal Data Act, only collect and store personal data necessary for fulfilling the obligations under the agreement. The buyer's personal data will only be disclosed to others if necessary for completing the agreement or in legally prescribed cases.

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14. Dispute Resolution
Complaints should be directed to the seller within a reasonable time, see sections 9 and 10. The parties should attempt to resolve any disputes amicably. If this is unsuccessful, the buyer may contact the Consumer Authority for mediation.

 

The Consumer Authority is available by phone at 23 400 600 or via www.forbrukertilsynet.no.

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

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