Terms of sale

When you shop at Helenkristian.com, the purchase is regulated by the following terms and conditions for consumer purchases of goods over the internet. Consumer purchases over the internet are mainly regulated by the Contract Act, the Consumer Purchase Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act. These laws provide you as a consumer with inalienable rights. The laws are available at lovdata.no.

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It is emphasized that the terms of this agreement should not be understood as any limitation of the statutory rights but rather outline the primary rights and obligations of the parties involved, in this case, Helenkristian.com and you as the customer, for the transaction.

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The primary basis of these terms of sale is prepared and recommended by the Consumer Authority. See forbrukertilsynet.no for more information.

Table of Contents

 

• The Agreement

• The Parties

• Price

• Conclusion of Agreement

• Payment

• Delivery

• Risk for the Goods

• Right of Withdrawal

• Delay and Non-delivery - Buyer's Rights and Deadline for Claims

• Defect in the Goods – Buyer's Rights and Complaint Deadline

• Seller's Rights in Case of Buyer's Default

• Warranty

• Personal Data

• Dispute Resolution
   

1. The Agreement: The agreement consists of these terms of sale, information provided in the payment solution, and any specially agreed conditions. In case of any conflict between the information, what is specifically agreed between the parties shall take precedence, provided it does not contravene mandatory legislation.

The agreement will also be supplemented by relevant legal provisions governing the purchase of goods between businesses and consumers. In this case, Helen&Kristian, and you as a customer at Helenkristian.com.

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2. The Parties: The seller is Kristian Glabler Coaching AS, Dronningensgate 87, 1724 Sarpsborg. Email: hello@helenkristian.com. NO VAT, 932 739 623 and hereinafter referred to as the seller.

The buyer is the consumer who places the order on helenkristian.com and is hereinafter referred to as the buyer.

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3. Price: The stated price for the goods and services is the total price the buyer shall pay. This price includes all fees and additional costs. The buyer shall not bear any additional costs that the seller has not informed of before the purchase.

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4. Conclusion of Agreement: The agreement is binding for both parties when the buyer has sent their order to the seller.

The buyer receives an order confirmation from the seller at the provided email.

The agreement is nonetheless not binding if there have been typographical or clerical errors in the seller's offer, in the order 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.

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5. Payment: The seller may demand payment for the goods from the time they are sent from the seller to the buyer.

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

Buyers under 18 years cannot pay with a subsequent invoice.

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6. Delivery: Delivery occurs when the buyer, or their representative, has taken possession of the item/goods.

Unless otherwise specified in the order 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. The goods shall be delivered to the buyer unless otherwise specifically agreed between the parties.

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7. Risk for the Goods: The risk for the goods passes to the buyer when they, or their representative, have received the goods in accordance with point 6.

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8. Right of Withdrawal: Unless the agreement is exempt from the right of withdrawal, the buyer can cancel the purchase of the goods in accordance with the Right of Withdrawal Act. For more information about the right of withdrawal and the Right of Withdrawal Act, see the Consumer Council: https://www.forbrukerradet.no/forside/angrer-du-pa-et-kjop/

The buyer must notify the seller of the use of the right of withdrawal within 30 days from the start of the deadline. The deadline includes all calendar days. If the deadline falls on a Saturday, public holiday, or other holidays, the deadline is extended to the nearest business day.

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The withdrawal period is considered met if the notification is sent before the end of the period. The buyer has 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 begins to run:

 

• For the purchase of individual items, the withdrawal period will run from the day after the item(s) is received.

• If the purchase consists of several deliveries, the withdrawal period will run from 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 does not inform before the conclusion of the agreement that there is a right of withdrawal and provides a standardized withdrawal form. Similarly, if there is a lack of information on the conditions, deadlines, and procedures for exercising the right of withdrawal. If the trader provides the information within these 12 months, the withdrawal period nonetheless ends 30 days after the buyer receives the information.

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When using 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 use of the right of withdrawal. The buyer covers the direct costs of returning the goods unless otherwise agreed or the seller has failed to inform that the buyer must bear the return costs. The seller cannot charge a fee for the buyer's use of the right of withdrawal.

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The buyer can test or try the goods in a responsible manner to determine the nature, properties, and function of the goods without the right of withdrawal being forfeited. If the testing or trial of the goods goes beyond what is reasonable and necessary, the buyer may be responsible for any reduced value of the goods.

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The seller is obligated to refund the purchase amount to the buyer without undue delay, and no later than 14 days from the seller receiving notification of the buyer's decision to exercise the right of withdrawal. The seller has the right to withhold the payment they have received from the buyer, or until the buyer has provided documentation that the item(s) has been sent back. You can use the "Return Portal" of Helen & Kristian by following this link 

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9. Delay and Non-delivery – Buyer's Rights and Deadline for Claims: If the seller does not deliver the item(s) or delivers it/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 may, according to the rules in Chapter 5 of the Consumer Purchase Act, withhold the purchase amount, demand fulfillment, cancel the agreement and/or claim compensation from the seller.

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For claims regarding breach of contract, the notification should be in writing (e.g., email) for evidentiary purposes.

Fulfillment: The buyer can uphold the purchase and demand fulfillment from the seller. The buyer cannot demand fulfillment if there is an obstacle the seller cannot overcome, or if fulfillment would cause such great inconvenience or cost to the seller that it stands in significant disproportion to the buyer's interest in the seller fulfilling. If the difficulties cease within a reasonable time, the buyer can still demand fulfillment. The buyer loses their right to demand fulfillment if they wait an unreasonable amount of time to make the claim.

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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 nonetheless cancel the purchase immediately if the seller refuses to deliver the goods. Similarly, if delivery at the agreed time was crucial for the conclusion of the agreement, or if the buyer has informed the seller that the delivery time is crucial.

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If the item/goods are delivered after the additional period set by the consumer or after the delivery time which was crucial for the conclusion of the agreement, the claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.

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Compensation: The buyer can claim compensation for any loss incurred due to the delay. 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 anticipated at the time of the agreement, avoided, or overcome its consequences.

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10. 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 it was discovered or should have been discovered, that he wants to invoke the defect. The buyer has always complained in time if it happens within 2 months after 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 meant 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 can, according to the rules in Chapter 6 of the Consumer Purchase Act, under certain circumstances, withhold the purchase price, choose repair or replacement, demand a price reduction, cancel the agreement, and/or claim compensation from the seller.

The complaint to the seller should be in writing.

Repair or Replacement: The buyer can choose between demanding the defect to be repaired or the delivery of equivalent goods. However, the seller can oppose the buyer's demand if the implementation of the demand is impossible or causes unreasonable costs for the seller. Repair or replacement must be carried out within a reasonable time. The seller is generally not entitled to more than two attempts to rectify the same defect.

Price Reduction: The buyer can demand a suitable 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 speak for it, the price reduction can instead be set to the significance of the defect 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.

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11. Seller's Rights in Case of Buyer's Breach

If the buyer does not pay, or fulfill the other obligations according to the agreement or the law, and this is not due to the seller or circumstances on the seller's side, the seller can, according to the rules in Chapter 9 of the Consumer Purchase Act, under certain circumstances, withhold the goods, demand fulfillment of the agreement, cancel the agreement, and/or claim compensation from the buyer. The seller may also, under certain circumstances, claim interest for delayed 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 price. If the goods are not delivered, the seller loses the right if he waits an unreasonable amount of time before presenting the claim.

Cancellation: The seller can cancel the agreement if there is a significant breach of payment or other significant breach by the buyer. However, the seller cannot cancel if the entire purchase price is paid. If the seller sets a reasonable additional time for fulfillment and the buyer does not pay within this period, the seller can cancel the purchase.

Interest for Delayed Payment/Collection Fee: If the buyer does not pay the purchase price according to the agreement, the seller can claim interest on the purchase price according to the Late Payment Interest Act. In case of non-payment, the claim, after prior notice, may be sent for collection. The buyer may then be held responsible for fees according to the Debt Collection Act.

Fee for Uncollected Non-Prepaid Goods: If the buyer fails to collect unpaid goods, the seller can charge the buyer a fee. The fee shall at most cover the seller's actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age.

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12. Guarantee

A guarantee given by the seller or manufacturer provides the buyer with rights in addition to those the buyer already has under mandatory legislation. A guarantee thus does not imply any limitation in the buyer's right to complaint and claims for delay or defects according to points 9 and 10.

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13. Personal Data

The seller is responsible for the collected personal data. Unless the buyer consents to otherwise, the seller can, in accordance with the Personal Data Act, only collect and store the personal data necessary for the seller to fulfill the 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 legally required cases.

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14. Dispute Resolution

Complaints should be directed to the seller within a reasonable time, cf. Points 9 and 10. The parties should attempt to resolve any disputes amicably. If this is not successful, the buyer can contact the Consumer Council for mediation.

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Contact Information

If you have any questions about our terms of sale, please contact us via:

Email: hello@helenkristian.com
Helen & Kristian v/Kristian Gabler Coaching AS, org.nr: 932739623

Dronningensgate 87

1724 Sarpsborg

Norway

Phone: +47 929 12 771
Web: helenkristian.com