Introduction

This purchase is governed by the standard terms and conditions for consumer purchases of goods over the Internet outlined below. Consumer purchase refers here to the sale of goods to a consumer who is not primarily acting as part of a business, and where the seller operates in a business selling goods over the Internet. The contract has been developed and recommended for use by the Norwegian Consumer Ombudsman. Consumer purchases over the Internet are mainly regulated by the Contract Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act, and the E-Commerce Act, and these laws provide the consumer with non-negotiable rights. The terms of the contract shall not be understood as a limitation on the legal rights, but establish the parties' main rights and obligations for the transaction. The seller may choose to offer the buyer better terms than those specified in these terms and conditions. In cases where the contract does not provide a direct solution to an issue, the contract must be supplemented with relevant legal provisions.

1. The agreement

The agreement between the buyer and the seller consists of the information provided by the seller regarding the purchase in the ordering solution in the online store (including, among other things, information about the nature of the product, quantity, quality, other characteristics, price, and delivery terms), any direct correspondence between the parties (such as email), and these terms and conditions. In the event of a conflict between the information provided by the seller about the purchase in the ordering solution in the online store, direct correspondence between the parties, and the terms and conditions of sale, the direct correspondence between the parties and the information provided in the ordering solution shall take precedence over the terms and conditions of sale, provided that it does not conflict with binding legislation.

2. The parties

Seller:

Company name: By:Rabinowitz AS
Contact address: Breigata 11, 4006 Stavanger
Email: post@byrabinowitz.no
Phone (store): +47 91 92 42 65
Organization number: NO 926769162 VAT

The buyer is the person who places the order.

3. Prices

The prices listed in the online store include value-added tax. Information about the total costs the buyer shall pay, including all fees, is provided in the ordering solution before the order is placed.

4. Conclusion of agreement

The agreement is binding for both parties when the buyer's order has been received by the seller. However, a party is not bound by the agreement if there has been a typographical or typographical error 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 such an error existed.

5. Order confirmation

When the seller has received the buyer's order, the seller shall confirm the order without undue delay by sending an order confirmation to the buyer. It is recommended that the buyer verifies that the order confirmation corresponds with the order in terms of quantity, type of product, price, etc. If there is no correspondence between the order and the order confirmation, the buyer should contact the seller as soon as possible.

6. Payment

The seller may 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 may reserve the purchase amount on the card at the time of ordering for up to 4 days. A credit card is a payment card where the settlement for the purchase is made afterwards by the credit provider (credit card company) sending the cardholder an invoice with a payment demand. A debit card is a payment card linked to a deposit account. Use of the card results in the user's account being debited and the amount being transferred to the payee's account. When paying by credit card, the law on credit purchases, etc. will apply. If the seller offers post-payment, the invoice to the buyer shall be issued upon shipment of the goods. The due date shall be set at a minimum of 14 days from the buyer receiving the shipment. If the seller has a particular need to require advance payment from the buyer, such as in the case of made-to-order purchases, the seller may request this. Buyers who are under 18 years of age may pay by having a parent or other legal guardian make the purchase on their behalf.

7. Delivery, etc.

Delivery of the product from By:Rabinowitz AS to the buyer occurs in the manner, at the place, and at the time specified in the ordering solution in the online store. By:Rabinowitz AS delivers to all of Norway but not to other countries. Delivery time is usually between 1-4 business days after the order has been paid for. During periods of high traffic, delivery times may increase somewhat. Posten/Bring is the seller's preferred transportation provider, but another transportation provider may be used depending on availability and cost. If the delivery time is not specified in the ordering solution, By:Rabinowitz AS shall deliver the product to the buyer within a reasonable time and no later than 30 days after the order is placed by the customer. By:Rabinowitz AS is obliged to have the product transported to the destination in a suitable manner and under normal conditions for such transport. The destination is with the buyer unless otherwise agreed between the parties.

8. Risk of the product

The risk of the product passes to the buyer when the buyer takes possession of the product in accordance with the agreement. If the delivery time has come and the buyer fails to take over a product that has been made available to him or her according to the agreement, the buyer still bears the risk of loss or damage caused by the characteristics of the product itself.

9. Right of withdrawal

The buyer has the right to withdraw from the purchase of the product in accordance with the provisions of the right of withdrawal law. The right of withdrawal means that the buyer can return the product to the seller without reason, even if there is no defect in the product and even if it has not been delivered. The buyer must notify By:Rabinowitz AS of the use of the right of withdrawal within 14 days after the product, the prescribed information on the right of withdrawal, and the withdrawal form have been received. Notify us by sending an email to webstore@byrabinowitz.no. If the buyer receives the withdrawal form and necessary information at a later time than the delivery of the product, the withdrawal period starts from the day the buyer receives the withdrawal form and information. The message from the buyer to By:Rabinowitz AS regarding the use of the right of withdrawal should, for evidentiary purposes, be in writing (withdrawal form, email, fax, or letter) and must include information on how the buyer will return the product to us. When using the right of withdrawal, the product must be returned to By:Rabinowitz AS within a reasonable time. We are obliged to refund the entire purchase amount to the buyer within 14 days from the day we receive the product or delivery note or the product is made available to us. We cannot charge fees for the buyer's use of the right of withdrawal, but we can demand that the buyer pay the costs of the return shipment. The buyer may examine the product before exercising the right of withdrawal. However, the product must be able to be returned to By:Rabinowitz AS in approximately the same condition as when the buyer received it. The buyer shall return the product to us in the original packaging. The buyer cannot withdraw from the purchase of products that deteriorate quickly or products that, by their nature, cannot be returned.

10. Buyer's rights in case of delay

If the seller fails to 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 may, in accordance with the rules in Chapter 5 of the Consumer Purchase Act, withhold the purchase price, demand fulfillment, terminate the agreement and claim compensation from the seller.

Fulfillment: If the seller fails to deliver the goods at the time of delivery, the buyer may uphold the purchase and set a reasonable additional deadline for fulfillment by the seller. However, the buyer cannot demand fulfillment if there is an obstacle that the seller cannot overcome or if fulfillment would result in such a significant disadvantage or cost to the seller that it is in significant disproportion to the buyer's interest in the seller fulfilling the agreement. If the obstacles disappear within a reasonable time, the consumer can demand fulfillment.

Termination: The buyer may terminate the agreement with the seller if the delay is significant or if the seller does not deliver the goods within the additional deadline for fulfillment that the buyer has set. However, the buyer cannot terminate the agreement while the additional deadline is running, unless the seller has stated that he or she will not fulfill within the deadline.

Compensation: The buyer can also claim compensation for any loss suffered as a result of the delay from the seller in accordance with Section 24 of the Consumer Purchase Act.

11. Complaints about defects and deadline for notifying claims in case of delay

If there is a defect in the product, the buyer must inform the seller within a reasonable time after discovering the defect, that he or she will invoke it. The deadline can never be shorter than two months from the time the consumer discovered the defect. However, the complaint must be made no later than two years after the buyer took possession of the product. If the product or parts of it are intended to last significantly longer, the complaint deadline is five years.

In case of delay, claims must be addressed to the seller within a reasonable time after the delivery time has passed and the product has not been delivered. If the product has been paid for by credit card, the buyer may also choose to make a complaint and send the claim directly to the creditor (the credit card company). The notification to the seller or the creditor should be in writing (e-mail, fax or letter). Credit Purchase Act of June 21, 1985 no. 82 § 8.

Buyer's rights in case of defects: If the product has a defect that is not due to the buyer or circumstances on the buyer's side, the buyer may, in accordance with the rules in the Consumer Purchases Act Chapter 6, under the circumstances, withhold payment, choose between correcting the defect or replacing the product, demand a price reduction, demand that the agreement be cancelled, and demand compensation from the seller.

If a product has a defect, the buyer can demand that the seller rectifies the defect or delivers a corresponding product. The seller can object to the buyer's claim if fulfilling it is impossible or involves unreasonable costs. The seller shall rectify the defect or deliver the corresponding product within a reasonable time. Rectification or delivery shall be carried out without any cost to the buyer, without the risk that the buyer will not be reimbursed for expenses incurred, and without significant inconvenience to the buyer. The seller cannot carry out more than two attempts at rectification or delivery for the same defect, unless there are special reasons that make additional attempts reasonable. Even if the buyer does not demand rectification or delivery, the seller can offer it if it is done without delay. If the seller provides such rectification or delivery, the buyer cannot demand a price reduction or rescission.

Price reduction: If the defect is not corrected or replaced, the buyer may demand a proportionate price reduction.

• Cancellation: Instead of a price reduction, the buyer may cancel the agreement, except when the defect is insignificant.

• Compensation: The buyer may also demand compensation for economic loss suffered as a result of the product having a defect, in accordance with the Consumer Purchase Act, section 33.

The buyer must notify the seller of any claims in accordance with the rules on complaints in this contract's point 10. The rules on complaints apply in addition to, and independently of, the rules on the right of withdrawal and any warranties provided by the seller. Repayment will be made within 14 days of the complaint being received.

12. By:Rabinowitz AS's rights in case of buyer's breach of contract

If the buyer does not pay or fulfill the other obligations under the agreement, and this is not due to By:Rabinowitz AS or circumstances on our part, we can, according to the rules in the Consumer Purchase Act Chapter 9, under certain circumstances, withhold the goods, demand fulfillment of the agreement, demand that the agreement be terminated, and claim compensation from the buyer. By:Rabinowitz AS may also, under certain circumstances, be entitled to claim interest for delayed payment, collection fees, and fees for non-prepaid unclaimed goods. Fulfillment: If the buyer does not pay, we can maintain the purchase and demand that the buyer pays the purchase price (fulfillment). If the goods have not been delivered, we lose our right if the buyer waits unreasonably long to make the claim. Termination: In case of significant payment default or other significant breach of contract by the buyer, By:Rabinowitz AS may terminate the agreement. However, we cannot terminate after the purchase price has been paid. By:Rabinowitz AS may also terminate the purchase if the buyer does not pay within a reasonable additional deadline for fulfillment that the seller has set. We cannot terminate while the additional deadline is running, unless the buyer has stated that he or she will not pay. Compensation: By:Rabinowitz AS may claim compensation from the buyer for economic loss suffered as a result of breach of contract by the buyer, pursuant to the Consumer Purchase Act § 46. Interest for delayed payment/collection fee: If the buyer does not pay the purchase price in accordance with the agreement, By:Rabinowitz AS may demand interest on the purchase price under the Act on Interest on Late Payments. In case of non-payment, the claim, after prior notice, can be sent for collection, and the buyer can then be held responsible for fees according to the Act on Debt Collection and Other Recovery of Overdue Claims. Fee for non-prepaid unclaimed goods: If the buyer fails to pick up unpaid goods, By:Rabinowitz AS may charge the buyer a fee of NOK 100 + shipping round trip. The fee should cover our actual expenses to deliver the goods to the buyer. Such a fee cannot be charged to buyers under 18 years old.

13. Personal information

Unless the buyer consents otherwise, By:Rabinowitz AS may only collect and store the personal information necessary for us to fulfill our obligations under the agreement. The personal information of a buyer under 15 years of age may not be collected unless the seller has the consent of the parent or guardian. The buyer's personal information shall only be disclosed to others if necessary for the seller to fulfill the agreement with the buyer or in cases required by law. By:Rabinowitz AS may only collect the buyer's social security number if there is a legitimate need for secure identification and such collection is necessary. If By:Rabinowitz AS wishes to use the buyer's personal information for other purposes, such as sending advertising or information beyond what is necessary to fulfill the agreement, we must obtain the buyer's consent at the time of entering into the agreement.

By:Rabinowitz AS must provide the buyer with information about what the personal information will be used for and who will use the personal information. The buyer's consent must be voluntary and given by an active action, such as checking a box. The buyer should be able to easily contact us, for example by phone or email, if he or she has questions about our use of personal information or if he or she wishes for us to delete or change the personal information.

14.Conflict resolution

The parties shall attempt to resolve any disputes amicably. The buyer may contact the Consumer Council for assistance in any disputes with By:Rabinowitz AS. If an amicable solution cannot be reached after mediation by the Consumer Council, the parties may request in writing that the Consumer Council refer the dispute to the Consumer Disputes Board. The decision of the Consumer Disputes Board becomes legally binding four weeks after it is announced. Before the decision becomes legally binding, the parties may, by submitting a summons to the Consumer Disputes Board, bring the decision before the court.

15. Inquiries

We are obliged to respond to inquiries to customer service within 48 hours. Typically, we respond within the same working day if the inquiry is submitted during the store's normal opening hours (10 a.m. to 4 p.m.).