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SLAN TERMS & CONDITIONS OF SALE FOR CONSUMER PURCHASES OF TICKETS, SubSCRIPTIONS AND GOODS OVER THE INTERNET

Published: 10 January 2023

Introduction

This purchase is governed by the Norwegian standard terms of sale for consumer purchases of goods over the Internet. Consumer purchases over the Internet are mainly regulated by the following laws which give the consumer mandatory their rights; avtaleloven, forbrukerkjøpsloven, markedsføringsloven, angrerettloven and ehandelsloven. The laws are available on www.lovdata.no.  The terms of this Agreement shall not be understood as any limitation of the consumer’s statutory rights, but set out the parties’ most important rights and obligations for the trade.

The terms of sale have been drawn up and recommended by Forbrukertilsynet. For a better understanding of these terms of sale, see the Forbrukertilsynet’s guide here.

 

1. Agreement

The agreement consists of these terms of sale, information provided in the ordering solution – Vipps på Nett on www.slan.no – and any specially agreed terms. In the event of a conflict between the information, what has been specifically agreed between the parties takes precedence, as long as it does not conflict with mandatory legislation.

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

2. The parties

The seller is SLAN – Sri Lankan Association of Norway, Postboks 32 Blindern, 0313 Oslo, post@slan.no, org. nr. 991 025 944, and is hereinafter referred to as the seller / seller.

The buyer is the consumer who makes the order and is hereinafter referred to as the buyer/buyer.

3. Price

The stated price for the goods and services is the total price the buyer must pay. This price includes all taxes and additional costs. Additional costs that the seller before the purchase has not informed about, the buyer shall not bear.

4. Conclusion of agreement

The agreement is binding on both parties once the buyer has sent his order to the seller.

However, the agreement is not binding if there have been typing or typing errors in the offer from the seller in the ordering solution in the online store or in the buyer’s order, and the other party realized or should have realized that there was such an error.

5. The payment

The seller can demand payment for the item from the time it is transferred from the seller to the buyer.

If the buyer uses a credit or debit card for payment, the seller can reserve the purchase price on the card at the time of ordering. The card will be charged on the day the item is shipped.

When paying by invoice, the invoice of the buyer is issued upon sending of the item. The payment deadline is stated in the invoice and is at least 14 days from receipt.

Buyers under the age of 18 cannot pay by subsequent invoice.

6. Delivery

Delivery is made when the buyer, or their representative, is in possession of the sold item.

If the delivery time is not stated in the order solution, the seller shall deliver the item 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.

7. The risk of the item

The risk for the goods passes to the buyer when they, or their representative, has had the goods delivered in accordance with clause 6.

8. Right of withdrawal

Ticket sales are exempt from the Norwegian angrerett, and the buyer cannot cancel the purchase of the item in accordance with the angrerett law.

9. Delay and non-delivery – buyers’ rights and deadline for filing claims

If the seller does not deliver the item or delivers it too late in accordance with the agreement between the parties, and this is not due to the buyer or circumstances on the buyer’s part, the buyer may, according to the rules in Chapter 5 of the forbrukerkjøpsloven, withhold the purchase price, demand fulfillment, terminate  the agreement and / or demand compensation from the seller.

In the event of a claim for breach of contract, the notification should be in writing for evidentiary reasons (e.g. e-mail).

  • Fulfilment

The buyer can maintain the purchase and demand fulfillment from the seller. However, the buyer cannot demand fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment will cause such a great inconvenience or cost to the seller that it is in material disproportion to the buyer’s interest in the seller fulfilling. Should the difficulties lapse within a reasonable time, the buyer can still demand fulfillment.

The buyer loses his or her right to demand fulfillment if he or she waits unreasonably long to make the claim.

  • Cancellation and changes of ticket purchases, and other items

Ticket sales are not cancellable or changeable after the order is submitted through Vipps på Nett. The purchase is binding and cannot be amended after the point of sale.

If the seller does not deliver other goods beyond tickets at the time of delivery, the buyer shall encourage the seller to deliver within a reasonable additional deadline for fulfillment. If the seller does not deliver the item within the additional deadline, the buyer can cancel the purchase.

However, the buyer can cancel the purchase immediately if the seller refuses to deliver the item. The same applies if delivery at the agreed time was decisive for the conclusion of the agreement, or if the buyer has informed 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 date that was decisive for the conclusion of the agreement, the claim for cancellation must be made within a reasonable time after the buyer learned of the delivery.

  • Compensation

The buyer can claim compensation for losses suffered as a result of a delay. However, 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 taken into account at the time of the agreement, avoided, or overcome the consequences of, including Acts of God.

  • Subscriptions

The annual subscription purchased for membership in SLAN are without binding time, and may be cancelled with no prior notice. The buyer must actively notify SLAN by email upon cancellation of an active membership. The buyer must actively notify SLAN by email and cancel any recurring membership subscriptions via Vipps, to complete their cancellation of subscription to SLAN.

10. Defect in a non-ticket item – buyer’s rights and complaint deadline

If there is a defect in the item, the buyer must, within a reasonable time after it was discovered or should have been discovered, notify the seller that he or she will invoke the defect. The buyer has always complained in time if it happens within 2 months from the defect was discovered or should have been discovered. Complaints can be made no later than two years after the buyer took over the item. If the item or parts of it are intended to last significantly longer than two years, the complaint deadline is five years.

If the item has a defect and this is not due to the buyer or circumstances on the buyer’s side, the buyer may, according to the rules in the Consumer Purchase Act Chapter 6, withhold the purchase price, choose between correction and redelivery, demand a price reduction, demand termination of the agreement and / or demand compensation from the seller.

Complaints to the seller should be made in writing.

  • Correction or redelivery

The buyer can choose between claiming the defect corrected or the delivery of similar things. The Seller may nevertheless object to the Buyer’s claim if the execution of the claim is impossible or causes the Seller unreasonable costs. Correction or redelivery shall be made within a reasonable time. In principle, the seller is not obliged to make more than two remedial attempts for the same defect.

  • Price reduction

The buyer can demand an appropriate price reduction if the item is not corrected or returned. This means that the ratio between the reduced and agreed price corresponds to the ratio between the value of the thing in defective and contractual condition. If there are special reasons for doing so, the price reduction may instead be set equal to the significance of the defect for the buyer.

  • Cancellation in cases of defect

If the item has not been corrected or returned, the buyer can also cancel the purchase when the defect is not immaterial.

11. Seller’s rights in the event of buyer’s default

If the buyer does not pay or fulfill 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, according to the rules of the forbrukerkjøpsloven Chapter 9, withhold the item, demand fulfillment  of the agreement, demand termination of the agreement and demand compensation from the buyer. The seller may also, depending on the circumstances, charge interest in the event of late payment, collection fees and a reasonable fee for unclaimed goods.

  • Fulfilment

The seller can maintain the purchase and demand that the buyer pay the purchase price. If the item is not delivered, the seller loses his right if he waits unreasonably long to make the claim.

  • Cancellation

The Seller may terminate the agreement if there is a material breach of payment or other material breach on the part of the Buyer. However, the seller cannot cancel if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for fulfillment and the buyer does not pay within this deadline, the seller may cancel the purchase.

  • Interest in case of late payment / collection fee

If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price pursuant to the forsinkelsesrenteloven. In the event of non-payment, the claim may, upon prior notice, be sent to the Buyer may then be held liable for a fee pursuant to the Debt Collection Act.

  • Fee for unclaimed non-prepaid items

If the Buyer fails to pick up unpaid goods, the Seller may charge the Buyer a fee. The fee shall at most cover the seller’s actual expenses for delivering the item to the buyer. Such a fee cannot be charged to buyers under the age of 18.

12. Warranty

Guarantees given by the seller or manufacturer give the buyer rights in addition to those the buyer already has under mandatory legislation. A guarantee thus entails no limitations on the buyer’s right to complaints and claims in the event of delay or defects pursuant to clauses 9 and 10.

13. Personal data

The data controller for collected personal data is the seller. Unless the buyer agrees otherwise, the seller may, in accordance with the Personal Data Act, only collect and store the personal data necessary for the seller to be able to carry out the obligations under the agreement. The buyer’s personal data will only be disclosed to others if it is necessary for the seller to implement the agreement with the buyer, or in statutory cases.

14. Dispute Resolution

Complaints should be addressed to the seller within a reasonable time, ref. clauses 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is not successful, the buyer can contact the Consumer Authority for mediation. The Consumer Authority is available on 23 400 600 or www.forbrukertilsynet.no.

The European Commission’s complaints portal can also be used if you wish to lodge 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.