Terms of sale
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 Contracts Act, the Consumer Purchases Act, the Marketing Act, the Cancellation Act and the E-commerce Act. These laws give consumers non-derogable rights. The laws are available at www.lovdata.no . The terms of this agreement should not be understood as a limitation of statutory rights, but rather as an overview of the essential rights and obligations of the parties involved. The terms have been prepared and recommended by the Danish Consumer Council. For a better understanding of the terms, see the Danish Consumer Council's guidance here.
Agreement
The Agreement consists of these Terms and Conditions, information provided in the Order Solution and any specifically agreed terms. In the event of any discrepancies, the specifically agreed terms between the parties shall prevail, provided that they do not conflict with mandatory legislation. The Agreement will also be supplemented by relevant statutory provisions governing the purchase of goods between businesses and consumers.
The parties
Seller:
Company Name: Lcorp AS
Company Number: 928 702 456
Address: Tuenesvegen 7B, 6006 Ålesund, NORWAY
Email: support@myposterbox.com
The Buyer is the consumer who places the order and is referred to as the Buyer in this document.
- Price
The price of the goods and services is the total amount payable by the buyer. This price includes all taxes and additional costs. Additional costs not previously disclosed by the seller prior to purchase shall not be charged to the buyer. - Conclusion of the agreement
The agreement is binding on both parties when the buyer has submitted their order to the seller. However, the agreement is not binding if there has been a typographical error or typing error in the seller's offer in the ordering solution or in the buyer's order, and the other party has realized or should have realized that such an error existed. - Payment
The seller may require payment for the goods from the time they are sent from the seller to the buyer. If the buyer uses a credit or debit card for payment, the seller may reserve the purchase amount on the card when ordering. The card will be charged on the same day the goods are shipped. When paying by invoice, the invoice will be issued when the goods are shipped. The payment deadline will be stated on the invoice and is at least 14 days from receipt. Buyers under the age of 18 cannot pay by invoice. - Delivery
Delivery is considered complete when the buyer or their representative has received the goods. If the delivery time is not specified in the order solution, the seller must deliver the goods to the buyer without undue delay and no later than 30 days after the order from the customer. The goods must be delivered to the buyer, unless otherwise specifically agreed between the parties. - Risk of the goods
The risk in the goods passes to the buyer when the buyer or their representative has received the goods as stated in clause 6. - Right of withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may cancel the purchase of the goods in accordance with the Danish Cancellation Act. The buyer must notify the seller of the use of the right of withdrawal within 14 days from the beginning of the period. The period includes all calendar days. If the period expires on a Saturday, public holiday or holiday, the period is extended to the next working day. The cancellation period is deemed to have been met if the notification is sent before the expiry of the period. The buyer has the burden of proof for the exercise of the right of withdrawal, and the notification must therefore be in writing (cancellation form, e-mail or letter).
The withdrawal period begins:
- For individual purchases, the deadline starts the day after the item(s) are received.
- For subscriptions or agreements with regular delivery of identical goods, the deadline starts the day after the first delivery is received.
- For purchases consisting of multiple deliveries, the deadline starts the day after the last delivery is received.
The withdrawal period is extended to 12 months after the end of the original period if the seller did not inform about the right of withdrawal and the standardized withdrawal form before the contract was concluded. Similarly, if information about the conditions, deadlines and procedures for exercising the right of withdrawal was not provided. If the seller provides the information within these 12 months, the withdrawal 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 from the notification of the exercise of the right of withdrawal. The buyer bears the direct costs of the return, unless otherwise agreed or if the seller has not informed that the buyer must bear the return costs. The seller may not charge a fee for the buyer's exercise of the right of withdrawal. The buyer may try or test the goods in a reasonable manner to determine their nature, properties and function without the right of withdrawal lapse. If the test or examination goes beyond what is reasonable and necessary, the buyer may be liable for any reduced value of the goods. The seller is obliged to refund the purchase price to the buyer without undue delay and no later than 14 days from the seller's receipt of the notification of the buyer's decision to exercise the right of withdrawal. The seller is entitled to withhold payment until they have received the goods from the buyer or until the buyer provides proof that the goods have been returned.
Delay and non-delivery - Buyer's rights and time limits for claims
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 in Chapter 5 of the Consumer Sales Act, withhold the purchase amount, demand delivery, cancel the agreement and/or claim compensation from the seller. For claims for non-fulfilment, the notification must be in writing (e.g. e-mail) for evidentiary reasons.
Fulfillment
The buyer may insist on the purchase and demand performance from the seller. However, the buyer may not demand performance if there is an obstacle that the seller cannot overcome, or if performance would cause such significant inconvenience or expense to the seller that it is in material disproportion to the buyer's interest in the seller's performance. If the difficulties are resolved within a reasonable time, the buyer may still demand performance. The buyer loses the right to demand performance if they wait an unreasonable amount of time to make the claim.
Cancellation
If the seller does not deliver the goods by the delivery date, the buyer should encourage the seller to deliver within a reasonable additional period of performance. If the seller does not deliver the goods within the additional period, the buyer may cancel the purchase. However, the buyer may cancel the purchase immediately if the seller refuses to deliver the goods. This also applies if the delivery time was decisive for the conclusion of the contract or if the buyer has informed the seller that the delivery time is decisive. If the goods are delivered after the additional period set by the consumer or after the delivery time that was decisive for the conclusion of the contract, the claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.
Compensation
The buyer may claim compensation for losses resulting from the delay. This does not apply if the seller proves that the delay was due to an obstacle beyond the seller's control which could not reasonably have been foreseen, avoided or overcome at the time of the agreement.
- Defects in the goods - Buyer's rights and complaint period
If there is a defect in the goods, the buyer must notify the seller within a reasonable time after discovering or should have discovered the defect. The buyer has always complained in time if this is done within 2 months of the defect being discovered or should have been discovered. Complaints can be made no later than two years after the buyer has received the goods. If the goods or parts thereof are intended to last significantly longer than two years, the complaint period is five years.
If the goods have a defect that is not due to the buyer or circumstances on the buyer's side, the buyer may, in accordance with Chapter 6 of the Danish Consumer Purchase Act, retain the purchase price, choose between repair and replacement, demand a price reduction, cancel the agreement and/or demand compensation from the seller. Complaints to the seller should be in writing.
Repair or replacement
The buyer can choose between having the defect repaired or receiving a replacement product. The seller may refuse the buyer's request if it is impossible to fulfill the request or if it entails unreasonable costs for the seller. Repair or replacement should be carried out within a reasonable time. The seller is generally not entitled to more than two attempts to remedy the same defect.
Price reduction
The buyer may demand an appropriate price reduction if the goods are not repaired or replaced. This means that the ratio between the reduced and the agreed price corresponds to the ratio between the value of the goods in the defective and contractual condition. If there are special reasons, the price reduction may instead reflect the importance of the defect for the buyer.
Cancellation
If the goods are not repaired or replaced, the buyer may also cancel the purchase if the defect is not insignificant.
- The seller's rights in the event of the buyer's default
If the buyer fails to pay or fulfill 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, in accordance with Chapter 9 of the Consumer Sales Act, withhold the goods, demand performance of the agreement, cancel the agreement and/or claim compensation from the buyer. The seller may also, under certain circumstances, claim interest for late payment, collection fees and a reasonable fee for goods not collected.
Fulfillment
The seller can insist on the purchase and demand that the buyer pay the purchase price. If the goods are not delivered, the seller loses their right if they wait an unreasonable amount of time to make the claim.
Cancellation
The seller may cancel the agreement if there is a material default of payment or other material breach by the buyer. However, the seller may not cancel if the total purchase amount has been paid. If the seller sets a reasonable additional period for performance and the buyer does not pay within this period, the seller may cancel the purchase.
Interest for late payment/Debt collection fees
If the buyer does not pay the purchase amount in accordance with the agreement, the seller may claim interest on the purchase amount in accordance with the Danish Interest Act. In the event of non-payment, the claim may be sent to debt collection after prior notice. The buyer may then be held liable for fees in accordance with the Danish Debt Collection Act.
Fee for uncollected items
If the buyer fails to collect unpaid goods, the seller may charge a fee. The fee may not exceed the seller's actual costs of delivering the goods to the buyer. Such a fee may not be charged to buyers under the age of 18.
- Guarantee
Any warranty given by the seller or manufacturer gives the buyer rights in addition to those already applicable under non-derogable legislation. A warranty therefore does not limit the buyer's rights to complain and claim for delay or defect as described in clauses 9 and 10. - Personal information
The data controller for collected personal data is the seller. Unless the buyer gives other consent, the seller may, in accordance with the Personal Data Act, only collect and store personal data that is necessary for the seller to fulfill its obligations under the agreement. The buyer's personal data will only be disclosed to others if necessary to fulfill the agreement with the buyer or in legal cases.
Dispute resolution
Complaints should be addressed to the seller within a reasonable time, cf. points 9 and 10. The parties should try to resolve any disputes amicably. If this is unsuccessful, the buyer may contact the Danish Consumer Council for mediation. The Danish Consumer Council can be contacted at 23 400 600 or www.forbrukertilsynet.no .
The European Commission's online dispute resolution platform can also be used if you wish to submit a complaint. This is particularly relevant if you are a consumer living in another EU country. The complaint can be submitted here: http://ec.europa.eu/odr .