Terms of service

Introduction

This purchase is governed by the standard terms and conditions for consumer purchases of goods over the internet, as stated below. 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 the consumer with inalienable rights. The laws are available at www.lagrummet.se. The terms in this agreement should not be understood as a limitation of the statutory rights but outline the main rights and obligations of the parties involved in the transaction.

The terms and conditions are prepared and recommended by the Swedish Consumer Agency. For a better understanding of these terms and conditions, please refer to the guidance provided by the Swedish Consumer Agency here.

1. The Agreement

The agreement consists of these terms and conditions, the information provided in the ordering solution, and any specially agreed terms. In case of any conflict between the information, the specially agreed terms between the parties shall prevail, as long as it does not contravene inalienable legislation.

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

2. The Parties

The seller is SUPERSTATE AS, Feltspatvegen 44, 2833 RAUFOSS, Norway. Org. no. 5020953096, and is referred to as the seller/the seller.

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

3. Price

The specified price in SEK or EUR (depending on the country from which you are purchasing) for the goods and services is the total price the buyer shall pay. This price includes all taxes and additional costs. Any additional costs that the seller has not informed about before the purchase shall not be borne by the buyer.

4. Conclusion of the Agreement

The agreement is binding for both parties when the buyer has sent their order to the seller.

However, the agreement is not binding if there have been typographical or technical errors in the offer from the seller in the ordering solution of 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. Payment

The seller can require 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 can reserve the purchase amount on the card upon ordering. The card is charged the same day the goods are shipped.

When paying by invoice, the invoice will be issued to the buyer upon dispatch of the goods. 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 subsequent invoice.

6. Delivery

Delivery is considered completed when the buyer, or their representative, has taken possession of the item.

If the delivery time is not specified in the ordering 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.

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 section 6.

8. Right of Withdrawal

Unless the agreement is exempt from the right of withdrawal, the buyer can withdraw from the purchase of the goods in accordance with the Right of Withdrawal Act.

The buyer must notify the seller of the use of the right of withdrawal within 14 days from the start of the period. The period includes all calendar days. If the period ends on a Saturday, holiday, or public holiday, the period is extended to the nearest working day.

The withdrawal period is considered met if the notice 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 goods, the withdrawal period runs from the day after the goods have been received.
If a subscription is sold, or the agreement involves regular delivery of identical goods, the period runs from the day after the first shipment is received.
If the purchase consists of several deliveries, the withdrawal period will run from the day after the last delivery has been received.
The withdrawal period is extended to 12 months after the expiry of the original period if the seller does not inform about the right of withdrawal and standardized withdrawal form before the conclusion of the agreement. The same applies in case of lack of information about conditions, deadlines, and procedures for exercising the right of withdrawal. If the trader provides the information during these 12 months, the withdrawal period still expires 14 days after the day the buyer received the information.

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 cover the return costs. The seller cannot set a fee for the buyer’s use of the right of withdrawal.

The buyer can examine or test the goods in a prudent manner to establish the nature, characteristics, and function of the goods without the right of withdrawal being lost. If the examination or test of the goods goes beyond what is prudent and necessary, the buyer may be liable for any reduction in the value of the goods.

The seller is obliged to refund the purchase amount to the buyer without undue delay, and no later than 14 days from when the seller received notification of the buyer’s decision to use the right of withdrawal. The seller has the right to withhold the payment until they have received the goods from the buyer, or until the buyer has provided documentation that the goods have been sent back.

9. Delay and Non-Delivery – Buyer’s Rights and Deadline for Claim Notification

If the seller does not deliver the goods or delivers them late according to the agreement between the parties, and this is not due to the buyer or conditions on the buyer’s side, the buyer can, in accordance with the rules in the Consumer Purchase Act Chapter 5, hold back the purchase amount, demand fulfillment, cancel the agreement, and/or demand compensation from the seller.

In case of claims for breach of contract, the notification should, for the sake of evidence, be in writing (for example, email).

Fulfillment

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 would cause such a great inconvenience or cost for the seller that it is in significant disproportion to the buyer’s interest in the seller fulfilling the contract. Should the difficulties disappear within a reasonable time, the buyer can still demand fulfillment.

The buyer loses their right to demand fulfillment if they wait an unreasonably long time to present the claim.

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, however, cancel the purchase immediately if the seller refuses to deliver the goods. The same applies 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 essential.

If the goods are delivered after the additional period set by the consumer or after the delivery time that 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.

Compensation

The buyer can demand compensation for losses suffered as a result of the delay. This does not apply, however, if the seller proves that the delay is due to an obstacle outside the seller’s control that could not reasonably have been foreseen at the time of the agreement, avoided, or overcome its consequences.

10. Defects in the Goods – Buyer’s Rights and Notification Deadline

If there is a defect in the goods, the buyer must, within a reasonable time after the defect was discovered or should have been discovered, notify the seller that they wish to invoke the defect. The buyer has always made a timely complaint if it occurs within 2 months from the defect being discovered or should have been discovered. Complaints can be made no later than two years after the buyer took possession of the goods. If the goods or parts of them are intended 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 conditions on the buyer’s side, the buyer can, in accordance with the rules in the Consumer Purchase Act Chapter 6, hold back the purchase amount, choose between rectification and redelivery, demand a price reduction, cancel the agreement, and/or demand compensation from the seller.

Complaints to the seller should be made in writing.

Rectification or Redelivery

The buyer can choose to demand that the defect be rectified or delivery of an equivalent item. The seller can, however, oppose the buyer’s demand if the implementation of the demand is impossible or causes the seller unreasonable costs. Rectification or redelivery shall be carried out within a reasonable time. The seller is in principle not entitled to make more than two attempts at rectification for the same defect.

Price Reduction

The buyer can demand a suitable price reduction if the goods are not rectified or redelivered. 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 may instead be set equal to the defect’s significance for the buyer.

Cancellation

If the goods are not rectified or redelivered, the buyer can also cancel the purchase when the defect is not insignificant.

11. Seller’s Rights in the Event of Buyer’s Breach of Contract

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 conditions on the seller’s side, the seller can, in accordance with the rules in the Consumer Purchase Act Chapter 9, hold back the goods, demand fulfillment of the agreement, demand cancellation of the agreement, and/or demand compensation from the buyer. The seller can also, after circumstances, demand interest on late payment, collection fees, and a reasonable fee for uncollected goods.

Fulfillment

The seller can maintain the purchase and demand that the buyer pays the purchase amount. If the goods are not delivered, the seller loses their right if they wait an unreasonably long time to present the claim.

Cancellation

The seller can cancel the agreement if there is significant payment default or other significant breach of contract by the buyer. The seller can, however, not cancel if the entire purchase amount is paid. If the seller sets a reasonable additional period for fulfillment and the buyer does not pay within this period, the seller can cancel the purchase.

Interest on Late Payment/Collection Fee

If the buyer does not pay the purchase amount according to the agreement, the seller can demand interest on the purchase amount according to the Interest Act. In case of non-payment, the claim can, after prior notice, be sent to collection. The buyer can then be held responsible for the fee according to the 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.

12. Guarantee

A guarantee provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under inalienable legislation. A guarantee thus does not imply any limitations on the buyer’s right to complain and make claims for delays or defects under sections 9 and 10.

13. Personal Data

The data controller for collected personal data is the seller. Unless the buyer consents to otherwise, the seller may, in accordance with the General Data Protection Regulation (GDPR), only collect and store the personal data necessary for the seller to fulfill their obligations under the agreement. The buyer’s personal data will only be disclosed to others if it is necessary for the seller to fulfill the agreement with the buyer, or in statutory cases.

14. Dispute Resolution

Complaints should be directed to the seller within a reasonable time, see sections 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is not successful, the buyer can contact the National Board for Consumer Disputes (ARN) for mediation. ARN is available by phone at 0771-42 33 00 or at www.arn.se.

The European Commission’s online dispute resolution platform can also be used if you wish to file a complaint. This is especially relevant if you are a consumer residing in another EU country. The complaint can be submitted here: http://ec.europa.eu/odr.