Terms of service
Introduction
This purchase is governed by the following standard terms and conditions for consumer purchases of goods over the Internet. Consumer purchases over the Internet are primarily regulated by the Sales Agreement Act, the Consumer Purchase Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act. These laws provide consumers with non-negotiable rights. The laws are available at www.lovdata.no (Norway). The terms of this agreement should not be understood as limiting the statutory rights but rather outline the main rights and obligations of the parties in the transaction.
1. Agreement
The agreement consists of these sales terms, information provided in the order solution, and any separately agreed-upon terms. In the event of any inconsistency between the information, what has been specifically agreed upon between the parties takes precedence, provided it does not conflict with non-negotiable legislation.
The agreement will also be supplemented by relevant statutory provisions governing the purchase of goods between businesses and consumers.
2. Parties
The seller is Karoline Brekkan, karolinebrekkan@gmail.com, organization number: 925341525 and is hereinafter referred to as the seller.
The buyer is the consumer placing the order and is hereinafter referred to as the buyer.
3. Intellectual property notice
Ownership of the artwork created by Karoline Brekkan remains with Karoline Brekkan, exclusively, even after purchase. This encompasses originals, commissions, prints, and any existing or future reproductions. The act of purchasing an item, be it an original or otherwise, does not authorize the customer to create NFTs from the artwork, reproduce it for profit, or distribute it in any form without obtaining express written consent from the artist. While sharing purchased items on social media is encouraged, any reproduction for commercial gain is strictly prohibited.
4. Price
The stated price for the goods and services is the total amount the buyer shall pay. This price includes all fees and additional costs, excluding international duties and taxes. Additional costs that the seller has not informed the buyer about before the purchase shall not be borne by the buyer.
Duties and taxes
The seller, situated in Oslo, Norway is not accountable for import fees on purchased products, including customs charges for custom pieces, originals, and merchandise. Taxes and duties are not included in the checkout total and are determined by the customs agency in the destination country. Customers are responsible for paying these charges, and refusal may result in return shipment with a refund (minus shipping costs). Items are declared at the purchase value for exporting, and no documents will be falsified.
Auctions
All bidders must register before participating in the auction. Bidders must be at least 18 years old to participate in the auction.
The auctioneer reserves the right to refuse bidding privileges to anyone for any reason. Bids must be placed in specified increments as determined by the auctioneer. The auctioneer has the discretion to change bid increments as the auction progresses. The auctioneer reserves the right to accept or reject any bid, split lots, combine lots, withdraw any painting from the auction, or cancel the auction entirely.
Popcorn bidding: if a bid is placed during the last 10 minutes of the auction, the auction closing time will automatically be extended by 20 minutes from the moment the last bid was submitted. This event will reoccur until no higher bids has been submitted the last 10 minutes of said auction.
The highest bidder acknowledged by the auctioneer will be the winning bidder. In the event of a dispute, the auctioneer's decision is final. The winning bidder is obligated to pay the full amount, including the winning bid and buyer's premium, immediately after the auction, unless other arrangements have been made in advance. Title to the painting passes to the winning bidder upon full payment. The auctioneer reserves the right to withdraw any painting from the auction before the bidding begins.
Absentee bids: Bidders unable to attend the auction may submit absentee bids in writing or through an authorized representative. The auctioneer will execute such bids fairly.
By participating in the auction, bidders acknowledge that they have read, understood, and agree to abide by these terms and conditions.
5. Agreement Conclusion
The agreement is binding for both parties when the buyer has submitted their order to the seller.
However, the agreement is not binding if there have been typographical or typographical errors in the seller's offer in the online store's order solution or in the buyer's order, and the other party realized or should have realized such an error.
6. Payment
The seller can demand payment for the goods from the moment 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 when ordering. The card will be charged on the same day the goods are shipped.
In the case of payment by invoice, the invoice to the buyer will be issued upon shipment of the goods. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt.
Buyers under 18 years of age cannot pay by subsequent invoice.
6. Delivery
Delivery is considered complete when the buyer or their representative has taken possession of the item.
If the delivery time is not 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.
7. Risk for the Goods
Upon possession by the collector, the seller disclaim responsibility for any damages incurred to the products. The seller do not accept liability for refunding, exchanging, replacing, or compensating for products mishandled by customers. However, under consumer protections, compensation for damage during shipment or for faulty merchandise is assured. Rigorous quality control precedes the shipment of all prints to ensure the delivery of pristine reproductions.
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 deadline. The deadline includes all calendar days. If the deadline ends on a Saturday, holiday, or public holiday, the deadline is extended to the nearest working day.
The withdrawal period is considered adhered to if the notification is sent before the expiry of the deadline. The buyer has the burden of proving that the right of withdrawal has been asserted, and the notification should therefore be made in writing (withdrawal form, email, or letter).
The withdrawal period begins to run:
In the case of the purchase of individual items, the withdrawal period runs from the day after the item(s) is received. If a subscription is sold or the agreement involves regular delivery of identical goods, the deadline runs from the day after the first shipment is received. If the purchase consists of multiple deliveries, the withdrawal period runs from the day after the last delivery is received. The withdrawal period is extended to 12 months after the expiration of the original deadline if the seller does not inform before the conclusion of the agreement that there is a right of withdrawal and a standardized withdrawal form. The same applies to the absence of information about terms, deadlines, and procedures for using the right of withdrawal. If the merchant 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 the buyer that the buyer is responsible for the return costs. The seller cannot charge a fee for the buyer's use of the right of withdrawal.
The buyer may try or test the goods in a reasonable manner to determine the nature, characteristics, and functioning of the goods without the right of withdrawal being forfeited. If testing or examining the goods goes beyond what is reasonable and necessary, the buyer may be responsible for any diminished value of the goods.
Prints, being delicate, are only eligible for return if unhandled and in their original packaging. Originals generally do not qualify for return, with exceptions as specified in our policy.
The seller is obligated to refund the purchase amount to the buyer without undue delay and no later than 14 days from the seller's receipt of the notification of the buyer's decision to use 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 returned.
Change-of-mind purchases are not eligible for returns, refunds, or exchanges, and shipping fees for returns within good faith are not covered by the seller.
9. Delay and Non-delivery
Buyer's Rights and Deadline for Claiming If the seller does not deliver the goods or delivers them 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, in accordance with the rules in Chapter 5 of the Consumer Purchase Act, may, under the circumstances, withhold the purchase amount, demand fulfillment, cancel the agreement, and/or claim compensation from the seller.
In the case of claims for remedies, the notice for evidentiary reasons should be in writing (e.g., email).
Delays may occur due to factors like COVID-19 impacts or unexpected popularity on social media. Unfortunately, express shipping is unavailable for international orders, as the seller cannot guarantee the service. Address changes must be requested within 24 hours of purchase, and undelivered packages due to incorrect addresses are not the responsibility of the seller.
10. Fulfillment
The buyer can uphold 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 entail such significant inconvenience or cost to the seller that it is in substantial disproportion to the buyer's interest in the seller fulfilling. If the obstacles disappear within a reasonable time, the buyer can still demand fulfillment.
The buyer loses the right to demand fulfillment if he or she unreasonably delays asserting the claim.
11. Cancellation
If the seller does not deliver the goods at the delivery time, the buyer must encourage the seller to deliver within a reasonable additional deadline for fulfillment. If the seller does not deliver the goods within the additional deadline, the buyer may cancel the purchase.
However, the buyer can 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 crucial.
If the item is delivered after the additional deadline set by the consumer or after the delivery time that was crucial for the conclusion of the agreement, a claim for cancellation must be asserted within a reasonable time
12. Compensation
The buyer can claim compensation for incurred losses due to the delay. However, this does not apply if the seller can demonstrate that the delay is due to obstacles beyond the seller's control that could not reasonably have been considered at the time of the agreement, avoided, or overcome.
13. Defects in the Goods - Buyer's Rights and Complaint Deadline
If there is a defect in the goods, the buyer must, within a reasonable time after discovering or should have discovered it, notify the seller that they intend to invoke the defect. The buyer has always complained in a timely manner if it occurs within 2 months of discovering or should have discovered the defect. A complaint can be made up to two years after the buyer took possession of the item. 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 circumstances on the buyer's side, the buyer can, in accordance with the rules in the Consumer Purchase Act Chapter 6, under the circumstances, withhold the purchase amount, choose between rectification and redelivery, demand a price reduction, demand the contract be terminated, and/or claim compensation from the seller.
Complaints to the seller should be made in writing.
Rectification or Redelivery The buyer can choose between demanding the defect be rectified or delivery of an equivalent item. However, the seller can oppose the buyer's claim if the implementation of the claim is impossible or causes the seller unreasonable costs. Rectification or redelivery should be carried out within a reasonable time. In principle, the seller does not have the right to make more than two attempts to rectify the same defect.
Price Reduction The buyer can demand a suitable price reduction if the item is not rectified or redelivered. This means that the relationship between the reduced and agreed-upon price corresponds to the relationship between the value of the defective item and its contractual condition. If there are special reasons for it, the price reduction can instead be set equal to the significance of the defect for the buyer.
Termination If the item is not rectified or redelivered, the buyer can also terminate the purchase when the defect is not insignificant.
14. Seller's Rights in Case of Buyer's Default
If the buyer does not pay or fulfill 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 can, in accordance with the rules in the Consumer Purchase Act Chapter 9, under the circumstances, withhold the item, demand fulfillment of the agreement, terminate the agreement, and/or claim compensation from the buyer. The seller may also, under the circumstances, claim interest for late payment, collection fees, and a reasonable fee for uncollected goods.
Fulfillment The seller can insist on the purchase and demand that the buyer pays the purchase amount. If the item is not delivered, the seller loses this right if they unreasonably delay making the claim.
Termination
The seller can terminate the agreement if there is a significant default in payment or other significant default on the part of the buyer. However, the seller cannot terminate if the entire purchase amount has been paid. If the seller sets a reasonable additional deadline for fulfillment, and the buyer does not pay within this deadline, the seller can terminate the purchase.
Interest on Late Payment/Collection Fee
If the buyer does not pay the purchase amount according to the agreement, the seller can claim interest on the purchase amount under the Delayed Payment Interest Act. In the case of non-payment, the claim, after prior notice, may be sent to collections. The buyer may then be held responsible for fees under the Debt Collection Act.
Fee for Unclaimed Non-Prepaid Goods If the buyer fails to collect unpaid goods, the seller can charge the buyer a fee. The fee should cover the seller's actual expenses for delivering the item to the buyer. Such a fee cannot be charged to buyers under 18 years old.
15. Guarantee
A guarantee provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A guarantee thus does not limit the buyer's right to complain and claim for delays or defects under points 9 and 10.
16. Personal Information
The party responsible for processing collected personal information is the seller. Unless the buyer agrees to something else, the seller, in accordance with the Personal Data Act, can only collect and store the personal information necessary for the seller to fulfill the obligations under the agreement. The buyer's personal information will only be disclosed to others if it is necessary for the seller to fulfill the agreement with the buyer or in cases mandated by law.
17. Conflict Resolution
Complaints should be directed to the seller within a reasonable time. The parties shall attempt to resolve any disputes amicably. If this fails, the buyer can contact the Consumer Authority for mediation. The Consumer Authority is available by phone at 23 400 600 or forbrukertilsynet.no.
The European Commission's complaint 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 can be submitted here: http://ec.europa.eu/odr.