Terms and Conditions
The agreement between a buyer and a seller is constituted by several legal elements, including the information the seller presents in the ordering solution on the website. This includes specific details about the purchase such as the nature, quantity, quality, other characteristics, pricing, and delivery conditions of the goods. These details in the ordering solution constitute the substance of the contract and form the basis for the purchase agreement. In addition, all correspondence between the parties, both written and oral, such as email exchanges or oral agreements, are included. This direct communication may contain additional details or agreements relevant to the purchase relationship. The pre-determined sales conditions also constitute an integral part of the agreement structure. These conditions stipulate the overarching terms to which both contracting parties commit themselves in connection with the purchase. Such conditions may include provisions regarding payment, delivery, return policy, and other relevant aspects of the transaction.
In the event of discrepancies between information provided by the seller in the ordering solution, direct correspondence between the parties, and the conditions in the sales agreement, the principle is that direct correspondence and information provided in the ordering solution shall have precedence. This applies unless such prioritization is in conflict with binding legislation. This principle respects and ensures that specific contractual terms and conditions, resulting from direct negotiations or the ordering process, take precedence unless they conflict with applicable legislation that is legally binding for the agreement.
Parties
Seller: www.mirucam.com
Company Name: Mirucam AS
Email: post@mirucam.com
Organization Number: 929943694
Buyer is the person who places the order.
Prices
The prices listed on www.mirucam.com include VAT. It is important to note that information about the total costs the buyer will pay includes all taxes, including VAT, customs, and similar charges. However, delivery costs such as shipping, postage, invoice fees, packaging, etc., are not included in the prices unless otherwise agreed. These costs and a specification of each individual element are presented in the ordering solution before the buyer completes the order.
Agreement Formation
The agreement between the buyer and the seller becomes binding for both parties when the buyer confirms the order confirmation in writing from the seller. However, it is important to note that a party is not legally bound by the agreement if there is a typing or input error in the seller's offer. If it is obvious, or should have been obvious, to the other party that such an error has occurred, the concerned party is released from the agreement.
This principle protects the parties from the consequences of unforeseen errors that may occur during the ordering process. If there are errors in the offer from the seller or in the buyer's order, and this is or should be known to the other party entering the agreement, this gives the party the right to exempt themselves from the obligations in the agreement. This principle helps to maintain the integrity and fairness of the contractual relationship between the buyer and the seller.
Order Confirmation
After the seller has received the buyer's order, the seller is obligated to confirm the order without undue delay by sending an order confirmation to the buyer. It is strongly recommended that the buyer carefully check that the order confirmation matches the original order in terms of quantity, type of goods, price, and other relevant details. If there are discrepancies between the order and the order confirmation, the buyer should contact the seller as soon as possible.
This step of order confirmation serves as an important mechanism to confirm and document the agreed terms for the purchase. By encouraging the buyer to carefully review the order confirmation and report any deviations, timely corrections are facilitated and potential misunderstandings are avoided. This practice contributes to a smooth and transparent purchasing process, while also providing the buyer with the opportunity to ensure that the agreement reflects their intentions and expectations.
Payment
The seller has the right to demand payment for the goods from the time they are shipped from the seller to the buyer. If the buyer uses a credit card or debit card for payment, the seller has the option to reserve the purchase amount on the card at the time of the order for up to 4 days from the order date. When paying by credit card, the law on credit purchases, etc., will apply.
If the seller offers invoice payment, the invoice to the buyer should be issued at the time of dispatch of the goods. The due date should be set to a minimum of 14 days from the time the buyer receives the shipment. If the seller has special needs to demand advance payment from the buyer, such as for custom-made purchases, the seller has the right to do so.
Buyers who are under 18 years old can only pay directly at the seller's delivery of the goods or at the delivery of the goods by cash on delivery. This serves as a special measure to ensure safe payment methods for underage buyers.
Delivery
The delivery of the goods from the seller to the buyer takes place in the manner, at the place, and at the time agreed upon at the time of ordering. If the delivery time is not indicated in the ordering solution, the seller commits to deliver the goods to the buyer within a reasonable time and no later than 30 days after the order is received from the customer. If there are no specific agreements regarding the delivery time, the seller is obligated to adhere to this maximum deadline. The seller is responsible for ensuring that the goods are transported to the destination in a suitable manner and in accordance with usual conditions for such transport. Unless otherwise specifically agreed between the parties, the destination is defined as at the buyer's location. This means that the seller is obligated to ensure that the goods reach the buyer in a proper manner within agreed or reasonable timeframes. Delivery conditions, including the method and timing of transport, should be clearly defined at the time of ordering, and in the absence of specific agreements, the maximum delivery deadline of 30 days applies. When the item from Mirucam is to be sent from one place to another to be handed over in the buyer's possession, delivery is considered to have taken place when the item is handed over to an independent carrier (transporter), who has undertaken the shipment from the relevant place. If the dispatch occurs by ship, delivery is considered to have occurred when the goods are brought within the ship's side.
For consumers who purchase by such a dispatch purchase, the risk passes to the consumer when the consumer, or a third person designated by the consumer (who is not the carrier), physically takes possession of the goods. The risk passes to the consumer when the goods are handed over to the carrier, if it is the consumer themselves who has given the carrier the transport assignment, and this option was not offered by the seller. It is clarified that this rule does not affect the consumer's rights against the carrier.
For buyers who are not consumers, the buyer accepts that the shipment is delivered and without damage when they sign the shipping document. If the buyer discovers damage after having accepted the shipment, the buyer has no right to compensation either from the carrier (transporter) or from Mirucam AS. This acceptance by signature on the shipping document is considered binding, and any damages discovered later do not fall under the right to compensation.
Risk of the Goods
The risk for the goods transfers to the buyer when the thing is taken over by the buyer in accordance with the agreement. If the delivery time has come, and the buyer fails to take over a good that has been made available to him or her according to the agreement, the buyer still retains the risk for loss or damage that is due to characteristics of the goods themselves. This implies that even if the buyer has not taken over the goods as agreed, the buyer bears the risk for any damages or loss that may occur due to the characteristics or condition of the goods.
Right of Withdrawal
The buyer has a right of withdrawal according to the provisions of the right of withdrawal law. The right of withdrawal allows the buyer to return the goods to the seller without stating any reason, even if there is no defect in the goods and even if it has not been delivered. It should be noted, however, that the buyer does not have the right of withdrawal for custom-made products that are created according to the customer's choice.
To use the right of withdrawal, the buyer must notify the seller within 14 days after the goods, the necessary information about the right of withdrawal, and the withdrawal form/withdrawal letter are received. If the buyer receives the withdrawal form/withdrawal letter and the necessary information at a later date than at the delivery of the goods, the cooling-off period starts from the day the buyer receives the withdrawal form and the information. If the buyer has not received sufficient information or a withdrawal form, the cooling-off period is extended to 3 months after the goods are received. If the buyer has not received any information about the right of withdrawal at all, the period will be 1 year.
The message from the buyer to the seller about using the right of withdrawal should be in writing (for example, withdrawal form, email, fax, or letter), and it must include information about how the buyer will return the goods to the seller.
When using the right of withdrawal, the buyer must return the goods to the seller within a reasonable time. The seller is obligated to refund the entire purchase price to the buyer within 14 days from the day the seller receives the goods or delivery note, or the goods are made available to the seller. The seller cannot impose fees for the buyer's use of the right of withdrawal, but can require the buyer to cover the costs of the return shipment. The buyer may inspect, but not use, the product before deciding to withdraw from the purchase. The goods must still be able to be returned to the seller in substantially the same condition and quantity as when the buyer received them. The buyer should return the goods to the seller in the original packaging if possible. It is important to note that the buyer does not have the right of withdrawal for goods that deteriorate quickly or goods that by their nature cannot be returned.
Condition of the Goods
When the buyer receives the goods, it is recommended that he or she to a reasonable extent examine whether it conforms to the order, whether it has been damaged during transport, or if it otherwise has defects. If the goods do not conform to the order or have defects, the buyer must immediately notify the seller by complaint, in accordance with the contract's clause 11.
Complaint for Defect and Deadline for Claiming Delay
If a defect occurs in the goods, the buyer must notify the seller within a reasonable time after the defect was discovered. The deadline for notifying the defect can never be shorter than two months from the time the buyer discovered the defect. However, a complaint must 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 substantially longer, a complaint deadline of five years applies. In case of delay, claims must be directed against the seller within a reasonable time after the delivery time has come and the goods have not been delivered. If the goods are paid for with a credit card, the buyer also has the opportunity to complain and send claims directly to the credit provider (credit card company). The message to the seller or credit provider should be in writing (for example, email, fax, or letter).
Buyer's Rights in Case of Delay
If the seller does not deliver the goods or delivers them late according to the agreement between the parties, provided this is not due to the buyer or conditions on the buyer's side, the Consumer Purchase Law Chapter 5 grants the buyer certain rights. The buyer can under certain circumstances withhold the purchase sum, demand fulfillment, cancel the agreement, and demand compensation from the seller.
Fulfillment: If the seller does not deliver the goods at the agreed time, the buyer can retain the purchase and set a reasonable additional deadline for fulfillment from the seller's side. However, the buyer cannot demand fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment would involve a disproportionately large inconvenience or cost for the seller in relation to the buyer's interest in the seller fulfilling. If the obstacle ceases within a reasonable time, the buyer can demand fulfillment.
Cancellation: The buyer can cancel the agreement with the seller if the delay is significant, or if the seller does not deliver the goods within the additional deadline for fulfillment that the buyer has set. However, the buyer cannot cancel the agreement while the additional deadline is running, unless the seller has declared that he or she will not fulfill within the deadline.
Compensation: The buyer can also demand compensation for the loss he or she suffers as a result of the delay from the seller's side, in line with the Consumer Purchase Law § 24. The claim must be reported to the seller by complaint, in accordance with the contract's clause 11.
Buyer's Rights in Case of Defect
If the goods have a defect, and this is not due to the buyer or conditions on the buyer's side, the Consumer Purchase Law Chapter 6 grants the buyer certain rights. The buyer can, depending on the circumstances, withhold the purchase sum, choose between rectification and redelivery, demand a price reduction, demand the agreement be cancelled, and demand compensation from the seller.
Rectification or Redelivery: If the goods have a defect, the buyer can demand that the seller rectify the defect or deliver a corresponding item. The seller can oppose the claim if the implementation is impossible or involves unreasonable costs. Rectification or redelivery must be carried out without cost to the buyer, without risk of the buyer not being reimbursed for expenses, and without significant inconvenience for the buyer. The seller cannot make more than two attempts at rectification or redelivery for the same defect, unless there are special reasons that make further attempts reasonable. Even if the buyer does not demand rectification or redelivery, the seller can offer this without delay. If the seller arranges for rectification or redelivery, the buyer cannot demand a price reduction or cancellation.
Price Reduction: If the defect is not rectified or redelivered, the buyer can demand a proportional price reduction.
Cancellation: The buyer can cancel the agreement instead of a price reduction, except when the defect is insignificant.
Compensation: The buyer can also demand compensation for economic loss resulting from the defect, in accordance with the Consumer Purchase Law § 33. These rules about complaint apply in addition to, and regardless of, the rules about the right of withdrawal and any guarantees given by the seller.
Seller's Rights in Case of Buyer's Default
If the buyer does not pay or fulfill other obligations according to the agreement, and this is not due to the seller or conditions on the seller's side, the Consumer Purchase Law Chapter 9 grants the seller certain rights. The seller can, depending on the circumstances, withhold the goods, demand fulfillment of the agreement, cancel the agreement, and demand compensation from the buyer. In addition, if payment is delayed, the seller can demand interest, collection fee, and fee for uncollected, non-prepaid goods.
Fulfillment: If the buyer does not pay, the seller can retain the purchase and demand that the buyer pay the purchase sum (fulfillment). If the goods have not been delivered, the seller loses his right if he waits unreasonably long to advance the claim.
Cancellation: In the case of significant payment default or other significant default from the buyer, the seller can cancel the agreement. However, the seller cannot cancel after the purchase sum has been paid. The seller can also cancel the purchase if the buyer does not pay within a reasonable additional deadline for fulfillment that the seller has set. Cancellation is not possible while the additional deadline is running, unless the buyer has declared that he or she will not pay.
Compensation: The seller can demand compensation from the buyer for economic loss resulting from contract breach from the buyer's side, in accordance with the Consumer Purchase Law § 46.
Interest for Delayed Payment/Collection Fee: If the buyer does not pay the purchase sum according to the agreement, the seller can demand interest on the purchase sum in accordance with the law on interest for delayed payment. If payment is not made, the claim, after prior notice, can be sent to collection, and the buyer can be held responsible for fees in accordance with the law on debt collection activity and other collection of overdue monetary claims.
Fee for Uncollected Non-Prepaid Goods: If the buyer fails to pick up unpaid goods, the seller can charge the buyer a fee of NOK 150 + return freight. The fee shall only cover the seller's actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years old.
Guarantee
The guarantee provided by the seller or manufacturer gives the buyer extra rights in addition to the rights the buyer already has according to irrevocable legislation. It is important to emphasize that a guarantee does not limit the buyer's right to complaint, claims for delay or defects, as specified in clauses 12 and 13. The guarantee thus expands the buyer's opportunities to have any problems or concerns related to the purchase covered beyond what the law already ensures.
Conflict Resolution
If disputes arise between the parties, they should first attempt to resolve them amicably. The buyer also has the opportunity to contact the Consumer Council for assistance in a possible dispute with the seller. If an amicable resolution is not achieved after mediation in the Consumer Council, the parties can request in writing that the Consumer Council bring the dispute before the Consumer Disputes Board. Decisions by the Consumer Disputes Board become legally binding four weeks after notification. Before the decision is legally binding, the parties have the opportunity to bring the case to the district court by submitting a summons to the Consumer Disputes Board.
See law of 19 June 1969 No. 66 on value-added tax § 16.
A credit card is a payment card where the settlement for the purchase occurs afterwards by the credit provider (credit card company) sending the cardholder an invoice with a demand for payment.
A debit card is a payment card linked to a deposit account. Use of the card results in the user's account being charged, and the amount is transferred to the payment recipient's account.
Cf. standard agreement prepared by the joint contract committee for the Savings Bank Association and the Financial Industry's Main Organization – Terms and Conditions for Credit Cards and Billing Cards – Consumer Relationships Clause 12 and Standard Terms Prepared by the Savings Bank Association and the Financial Industry's Main Organization for Payment Cards Clause 11.
Law of 21 June 1985 No. 82 on credit purchases, etc.
Persons under 18 years old can only pay in the mentioned ways as they cannot incur debt cf. law of 22 April 1927 on guardianship for minors (vgml.) § 2.
Law of 21 December 2000 No. 105 on the obligation to provide information and the right of withdrawal, etc., in distance sales and sales outside a fixed sales location (right of withdrawal law).
Law of 21 June 1985 No. 82 on credit purchases, etc. § 8.
Law of 17 December 1976 No. 100 on interest for delayed payment.
Law of 13 May 1988 No. 26 on debt collection activity and other collection of overdue monetary claims.
A fee cannot be charged to persons under 18 years old as they cannot incur debt cf. vgml. § 2.
See law of 14 April 2000 No. 31 on the processing of personal data.
See law of 28 April 1978 No. 18 on the handling of consumer disputes.