Terms of sale for the web shop

Draft for approval. Based on the Norwegian Consumer Authority's standard terms for consumer purchases of goods online, adapted to tyre sales with pickup/fitting at the workshop. The Norwegian version is the binding one. Valid from [date].

Introduction

This purchase is governed by the standard terms below for consumer purchases of goods over the internet. Consumer purchases over the internet are mainly regulated by the Norwegian Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Withdrawal Act and the E-commerce Act, which give consumers rights that cannot be waived. These terms do not limit those statutory rights but set out the parties' main rights and obligations.

Purchases made by a business (business customer) are governed by the Sale of Goods Act; the right of withdrawal and the Consumer Purchases Act do not apply – see section 15.

1. The agreement

The agreement consists of these terms of sale, the information given in the ordering solution and any specially agreed terms. In case of conflict, specially agreed terms prevail, unless they conflict with mandatory legislation. The agreement is supplemented by the relevant statutory provisions regulating the sale of goods between businesses and consumers.

2. The parties

Seller is EVVA AUTO AS, Roald Amundsens vei 148, 1658 Torp, Norway, organisation number 931 027 204, e-mail [post@evvaauto.no], telephone [+47 …], referred to below as the seller.

Buyer is the consumer placing the order, referred to below as the buyer.

3. Price

The stated price for goods and services is the total price the buyer shall pay, including all taxes (25 % VAT) and additional costs. Costs the seller has not informed about before the purchase shall not be borne by the buyer. Shipping cost is shown at checkout before the order is confirmed and depends on delivery method, number of tyres and delivery address.

Workshop services (fitting, balancing, wheel change, puncture repair, A/C service etc.) shown in the web shop and added to an order are indicative "from" prices. These services are not part of the online purchase and are not paid at checkout; they are agreed and paid at the workshop when the work is done. The final price may depend on tyre dimension and car model and is stated before work starts.

4. Conclusion of the agreement

The agreement is binding on both parties when the buyer has sent the order to the seller and the payment has been approved (reserved) by the payment provider.

The agreement is nevertheless not binding if there has been a typing or keying error in the seller's offer in the ordering solution or in the buyer's order, and the other party realised or should have realised that such an error existed. The same applies to obvious errors in prices or stock status caused by errors in the transfer from the supplier.

The seller sends an order confirmation by e-mail immediately after ordering. The buyer should check that the confirmation matches the order and report any discrepancies promptly. An order confirmation is not a confirmation of a workshop appointment – appointments are confirmed in a separate e-mail, see section 14.

5. Payment

The seller may claim payment for the goods from the time they are shipped to the buyer, or from the time they are ready for pickup at the workshop.

When paying by card (Visa, Mastercard) or Vipps, the purchase amount is reserved on the card or account when the order is placed. The amount is only charged when the goods are shipped or ready for pickup, and the buyer is notified by e-mail. If the order is cancelled before the amount is charged, the reservation is released at no cost to the buyer; the buyer's bank may take a few days to remove the reservation.

When paying with Klarna, Klarna's terms for the chosen payment method apply; they are presented and accepted at checkout. Klarna is not available for business purchases.

Buyers under 18 may only pay directly on delivery or on collection against cash on delivery.

6. Delivery

Delivery has taken place when the buyer, or the buyer's representative, has taken over the goods.

At checkout the buyer chooses between:

• Pickup at the workshop (EVVA AUTO AS, Roald Amundsens vei 148, 1658 Torp) with no shipping cost. The buyer is e-mailed when the goods are ready. Tyres can be fitted at the workshop by appointment (workshop service, see section 3). Goods not collected within [30] days after notice that they are ready may, after a reminder, be handled under the rules on the buyer's breach, see section 11.
• Home delivery with [Bring/Posten] to a stated address in Norway. Normal delivery time is [1–2] working days in Østfold and [2–5] working days in the rest of Norway after dispatch. Tyres not in the seller's own stock are ordered from the supplier and normally dispatched within [3] working days; the expected delivery time is shown at checkout. No delivery to Svalbard and Jan Mayen.

If no delivery time is stated in the ordering solution, the seller shall deliver without undue delay and no later than 30 days after the order.

7. Risk for the goods

The risk for the goods passes to the buyer when the buyer, or the buyer's representative, has received the goods in accordance with section 6.

8. Right of withdrawal

Unless the agreement is exempt, the buyer may withdraw from the purchase under the Right of Withdrawal Act.

The buyer must notify the seller within 14 days from the day the period starts. All calendar days count. If the period ends on a Saturday, public holiday or holy day, it is extended to the next working day.

The deadline is met if notice is sent before the period expires. The buyer bears the burden of proof, so notice should be given in writing (withdrawal form, e-mail or letter). The withdrawal form is available on the page Right of withdrawal and accompanies the order confirmation.

The withdrawal period starts:

• for single goods, the day after the goods are received;
• for purchases delivered in several consignments, the day after the last consignment is received.

The period is extended to 12 months after the original deadline if the seller has not, before the agreement was concluded, informed about the right of withdrawal and the standard withdrawal form, or about its conditions, deadlines and procedure. If the seller provides the information within those 12 months, the period expires 14 days after the buyer received the information.

When exercising the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days after notice was given. The buyer bears the direct cost of returning the goods unless otherwise agreed or the seller failed to inform that the buyer bears this cost. The seller may not charge a fee for the buyer's use of the right of withdrawal. Goods may also be returned to the workshop during opening hours.

The buyer may try or test the goods in a reasonable manner to establish their nature, characteristics and function without losing the right of withdrawal. If testing goes beyond what is reasonable and necessary, the buyer may be liable for any reduction in value. For tyres this means that tyres which have been mounted on rims or a car, driven on or damaged normally have a reduced value, and the seller may deduct the reduction.

The seller shall refund the purchase price without undue delay and no later than 14 days after being notified of the buyer's decision to withdraw. The seller may withhold the refund until the goods have been received or the buyer has documented that they have been sent back. If the amount was only reserved and not charged, the reservation is released.

Exception: the right of withdrawal does not apply to workshop services completed with the buyer's express consent before the withdrawal period has expired (fitting, balancing etc. performed at the workshop).

9. Delay and non-delivery – the buyer's rights and deadline for claims

If the seller does not deliver the goods or delivers late under the agreement, and this is not due to the buyer or circumstances on the buyer's side, the buyer may, under chapter 5 of the Consumer Purchases Act, withhold payment, demand performance, terminate the agreement and/or claim damages from the seller. Claims should be made in writing (e.g. e-mail) for evidentiary reasons.

Performance. The buyer may uphold the purchase and demand performance, unless there is an obstacle the seller cannot overcome, or performance would cause the seller such inconvenience or cost that it is substantially disproportionate to the buyer's interest. The buyer loses the right to demand performance by waiting unreasonably long.

Termination. If the seller does not deliver at the time of delivery, the buyer shall ask the seller to deliver within a reasonable additional period. If the seller does not deliver within that period, the buyer may terminate. The buyer may terminate immediately if the seller refuses to deliver, or if delivery at the agreed time was essential for the buyer and the seller was informed of this.

Damages. The buyer may claim compensation for loss suffered due to the delay, unless the seller proves the delay was caused by an obstacle beyond the seller's control which could not reasonably have been foreseen, avoided or overcome.

Tyres sold out at the supplier. If a tyre ordered from the supplier turns out to be sold out after the order was placed, the seller contacts the buyer as soon as possible and offers an equivalent tyre or cancellation with a full refund/release of the reserved amount. The buyer may always choose cancellation.

10. Defects – the buyer's rights and complaint period

If the goods are defective, the buyer must notify the seller within a reasonable time after the defect was or should have been discovered. Notice within two months of discovery is always in time. Complaints may be made no later than two years after the buyer took over the goods; if the goods are meant to last substantially longer than two years, the period is five years.

If the goods are defective and this is not due to the buyer, the buyer may, under chapter 6 of the Consumer Purchases Act, withhold payment, choose between repair and replacement, claim a price reduction, terminate the agreement and/or claim damages.

Complaints should be made in writing. Normal wear, damage caused by incorrect tyre pressure, incorrect fitting by others than the seller, driving on a damaged tyre, or damage sustained in use (punctures, cuts, kerb damage) are not defects.

Repair or replacement. The buyer may choose between repair and delivery of equivalent goods, unless this is impossible or causes the seller unreasonable costs. Repair or replacement shall be carried out within a reasonable time; the seller is in principle not entitled to more than two attempts for the same defect.

Price reduction. If the goods are not repaired or replaced, the buyer may claim an appropriate price reduction.

Termination. If the goods are not repaired or replaced, the buyer may also terminate the purchase when the defect is not insignificant.

11. The seller's rights in case of the buyer's breach

If the buyer does not pay or fulfil other obligations under the agreement or the law, and this is not due to the seller, the seller may, under chapter 9 of the Consumer Purchases Act, withhold the goods, demand performance, terminate the agreement and claim damages, and may claim default interest, debt collection fees and a reasonable fee for uncollected goods.

Performance. The seller may uphold the purchase and demand payment. If the goods have not been delivered, the seller loses this right by waiting unreasonably long.

Termination. The seller may terminate in case of material payment default or other material breach, but not if the full purchase price has been paid. If the seller sets a reasonable additional period and the buyer does not pay within it, the seller may terminate.

Default interest / debt collection. If the buyer does not pay under the agreement, the seller may claim interest under the Act on Interest on Overdue Payments. After prior notice, the claim may be sent for debt collection, and the buyer may be liable for fees under the Debt Collection Act.

Fee for uncollected, unpaid goods. If the buyer fails to collect unpaid goods, the seller may charge a fee covering at most the seller's actual costs of delivering the goods. No such fee may be charged to buyers under 18.

12. Warranty

A warranty given by the seller or the manufacturer gives the buyer rights in addition to mandatory statutory rights and does not limit the right to complain about delay or defects under sections 9 and 10. Any manufacturer warranties on tyres are stated on the product page.

13. Personal data

The seller is the controller of the personal data collected. Unless the buyer consents otherwise, the seller may, in line with the Personal Data Act, only collect and store the personal data necessary to fulfil the agreement. Personal data is only disclosed to others where necessary to fulfil the agreement or where required by law. The seller's tyre supplier does not receive the buyer's name, address or registration number – only the seller's order number and order lines. See the privacy policy.

14. Workshop appointments

In the web shop the buyer may send a request for an appointment for fitting or other services, with or without buying tyres. The request is not a binding appointment until the seller has confirmed it in writing (e-mail). The seller confirms, proposes a new time or declines normally within one working day. The buyer may change or cancel a confirmed appointment free of charge by giving notice [no later than the day before]. Services performed at the workshop are agreed and paid at the workshop and are not part of the online purchase of goods.

15. Business customers

For purchases where the buyer states an organisation number and acts in the course of business, the Sale of Goods Act applies instead of the Consumer Purchases Act, and the Right of Withdrawal Act does not apply. The complaint period is two years. Business customers pay by card or Vipps at checkout; Klarna is not available. A receipt/invoice with organisation number is sent by e-mail.

16. Dispute resolution

Complaints are addressed to the seller within a reasonable time, cf. sections 9 and 10. The parties shall try to resolve disputes amicably. If this fails, the buyer may contact the Norwegian Consumer Authority (Forbrukertilsynet) for mediation, telephone +47 23 400 600 or www.forbrukertilsynet.no.