Terms of service

These terms and conditions of sale apply to all purchases of goods from Actiweight Labs AS via our online store. Consumer purchases over the internet are governed by the Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Withdrawal Act, and the E-commerce Act. These laws grant you, as a consumer, mandatory rights. The terms of this agreement shall not be understood as any limitation of your statutory rights, but describe the parties’ most important rights and obligations.

The agreement consists of these terms and conditions of sale, information provided in the ordering solution, and any separately agreed terms. In the event of any conflict between the information, what has been specifically agreed between the parties shall prevail, provided that this does not conflict with mandatory legislation.

The agreement will also be supplemented by relevant statutory provisions governing the purchase of goods between businesses and consumers.

Seller: Actiweight Labs AS, Draugen 87, 9016 Tromsø, company no. 916130791, email: post@actiweightlabs.com.

Buyer: The person placing the order in the online store.

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

The agreement is binding on both parties once the buyer has submitted their order to the seller.

The agreement is nevertheless not binding if there has been a clerical or typing error in the seller’s offer in the online store’s ordering system or in the buyer’s order, and the other party realised or ought to have realised that such an error existed.

The seller may require payment for the goods from the time they are dispatched 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 when the order is placed. The card will be charged on the same day the item is shipped.

Payment for purchases by invoice will be charged to the buyer when the item is dispatched. The payment deadline is stated on the invoice and is at least 14 days from receipt.

Buyers under 18 years of age cannot pay by invoice due after delivery.

Delivery has taken place when the buyer, or his representative, has taken possession of the item.

If the delivery time is not stated 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 shall be delivered to the buyer unless otherwise specifically agreed between the parties.

The risk for the goods passes to the buyer when the goods have been delivered to him, or the buyer’s representative, in accordance with section 6.

Unless the agreement is exempt from the right of withdrawal, the buyer may cancel the purchase of the item in accordance with the Right of Withdrawal Act.

The buyer must notify the seller of the exercise of the right of withdrawal within 14 days from the date the deadline starts to run. All calendar days are included in the deadline. If the deadline ends on a Saturday, public holiday, or bank holiday, it is extended to the nearest working day.

The cancellation period is deemed to have been met if notice is sent before the deadline expires. The buyer bears the burden of proof that the right of withdrawal has been exercised, and the notice should therefore be given in writing (withdrawal form, email or letter).

The cancellation period begins to run:

• For the purchase of individual items, the withdrawal period will run from the day after the item(s) are received.
• If a subscription is sold, or the agreement entails regular delivery of identical goods, the period runs from the day after the first shipment is received.
• If the purchase consists of multiple deliveries, the right of withdrawal period runs from the day after the final delivery has been received.

The withdrawal period is extended to 12 months after the expiry of the original period if, before the agreement is concluded, the seller does not inform the buyer that a right of withdrawal exists and provide the standard withdrawal form. The same applies if information about the conditions, deadlines, and procedure for exercising the right of withdrawal is not provided. If the trader ensures that this information is provided during these 12 months, the withdrawal period will nevertheless expire 14 days after the day the buyer received the information.

When exercising the right of withdrawal, the item must be returned to the seller without undue delay and no later than 14 days from the date notice of the exercise of the right of withdrawal was given. The buyer bears the direct cost of returning the item, unless otherwise agreed or the seller has failed to inform the buyer that the buyer must cover the return costs. The seller may not charge a fee for the buyer's exercise of the right of withdrawal.

Buyer may examine or test the item in a reasonable manner to determine its nature, characteristics, and function, without losing the right of withdrawal. If the examination or testing of the item goes beyond what is reasonable and necessary, the buyer may be held liable for any reduction in the item's value.

Seller is obliged to refund the purchase price to the buyer without undue delay, and no later than 14 days from the date the seller received notice of the buyer’s decision to exercise the right of withdrawal. The seller is entitled to withhold payment until he/she has received the goods from the buyer, or until the buyer has provided documentation that the goods have been sent  back.

If the seller does not deliver the goods, or delivers them too 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, under the rules in Chapter 5 of the Consumer Purchases Act, as the circumstances may require,  withhold the purchase price, require fulfillelse`, raise the agreement and/or demand replacement from the seller.

Upon claiming remedies for breach of contract, the notice should, for evidentiary reasons, be in writing (for example, by email).

Fulfillment

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 entail such a great inconvenience or cost for the seller that it would be significantly disproportionate to the buyer’s interest in the seller’s performance. Should the difficulties cease within a reasonable time, the buyer may nevertheless demand performance.

The buyer loses the right to demand performance if he or she waits unreasonably long to assert the claim.

Cancellation

If the seller does not deliver the item on the delivery date, the buyer shall urge the seller to deliver within a reasonable additional deadline for performance. If the seller does not deliver the item within the additional deadline, the buyer may cancel the purchase.

However, the buyer may cancel the purchase immediately if the seller refuses to deliver the item. The same applies if delivery at the agreed time was decisive for entering into the agreement, or if the buyer has notified the seller that the delivery time is decisive.

If the item is delivered after the additional deadline set by the consumer or after the delivery time that was decisive for entering into the agreement, any claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.

Replacement

Buyer may claim compensation for losses suffered as a result of the delay. However, this does not apply if the seller proves that the delay is due to an impediment beyond the seller's control that could not reasonably have been taken into account at the time of the agreement, avoided, or its consequences overcome.

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 that he or she intends to invoke the defect. The buyer will always be deemed to have given notice in time if this is done within 2 months from when the defect was discovered or should have been discovered. A complaint may be made no later than two years after the buyer took over the product. If the product or parts of it are intended to last substantially longer than two years, the complaint period is five years.

Dersom the item has a defect and this is not due to the buyer or circumstances on the buyer's side, the buyer may, in accordance with the rules in Chapter 6 of the Consumer Purchases Act, depending on the circumstances withhold the purchase price, choose between correction and Redelivery, require price reduction, demand that the agreement be terminated and/or demand replacement  from the seller.

The complaint to the seller should be made in writing.

Correction or replacement

Buyer may choose between requiring the defect to be remedied or delivery of an equivalent item. However, the seller may oppose the buyer's claim if fulfilling it is impossible or causes the seller unreasonable costs. Repair or replacement shall be carried out within a reasonable time. As a general rule, the seller is not entitled to make more than two attempts to remedy the same defect.

Price reduction

The buyer may claim an appropriate price reduction if the goods are not repaired or replaced. This means that the relationship between the reduced price and the agreed price corresponds to the relationship between the item's value in its defective condition and in the condition required by the contract. If special reasons warrant it, the price reduction may instead be set equal to the significance of the defect for the buyer.

Cancellation

If the item has not been repaired or replaced, the buyer may also cancel the purchase if the defect is not insignificant.

If the buyer does not pay or fulfil the 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 the rules in Chapter 9 of the Consumer Purchases Act, as the circumstances dictate Keep the item back, require fulfillment of the agreement, demand the agreement raised as well as require replacement from the buyer. Depending on the circumstances, the seller may also be entitled to demand interest on late payment, debt collection fee og et rimelig fee for uncollected items.

Fulfillment

Seller may uphold the purchase and require the buyer to pay the purchase price. If the goods have not been delivered, the seller loses this right if they wait an unreasonably long time to assert the claim.

Cancellation

The seller may terminate the agreement in the event of a material payment default or other material breach on the part of the buyer. However, the seller may not terminate the agreement if the full purchase price has been paid. If the seller sets a reasonable additional deadline for performance and the buyer does not pay within that deadline, the seller may cancel the purchase.

Interest on late payment/debt collection fee

If the buyer does not pay the purchase price in accordance with the agreement, the seller may charge interest on the purchase price in accordance with the Norwegian Act on Interest on Overdue Payments. In the event of non-payment, the claim may, following prior notice, be referred for debt collection. The buyer may then be held liable for fees under the Norwegian Debt Collection Act.

Fee for uncollected non-prepaid goods

If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee must not exceed the seller's actual  costs of delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18  years of age.

Warranty provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A warranty therefore does not imply any limitation of the buyer's right to make a complaint and claims in the event of delay or defects under sections 9 and 10.

The seller is the data controller for the personal data collected. Unless the buyer consents otherwise, the seller may, in accordance with the Personal Data Act, only collect and store the personal data necessary for the seller to fulfil its obligations under the agreement. The buyer’s personal data will only be disclosed to others if this is necessary for the seller to perform the agreement with the buyer, or where required by law.

Complaints must be submitted to the seller within a reasonable time, cf. clauses 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is unsuccessful, the buyer may contact the Norwegian Consumer Authority for mediation. The Norwegian Consumer Authority is available  at  telephone 23  400  600  or www.forbrukertilsynet.no.

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