Terms and Conditions

General

This purchase is governed by the standard terms and conditions below for consumer purchases of goods over the Internet. “Consumer purchase” here means the sale of goods to a consumer who is not primarily acting as part of a business, and where the seller acts in the course of business selling goods over the internet.

Sales to consumers are, among other things, regulated by the Consumer Purchases Act (forbrukerkjøpsloven) and the Right of Withdrawal Act (angrerettloven).

The Agreement

The agreement between the buyer and the seller consists of the information the seller provides about the purchase in the webshop’s ordering solution (including, among other things, information about the nature, quantity, quality, and other characteristics of the goods, price, and delivery terms), any direct correspondence between the parties (for example email), and these terms and conditions.

In the event of a conflict between the information provided by the seller about the purchase in the webshop’s ordering solution, direct correspondence between the parties, and the terms in these conditions, the direct correspondence between the parties and the information provided in the ordering solution takes precedence over these terms, provided this does not conflict with mandatory legislation.

The Parties

Seller
Company name: Wankel Service AS
Address: Haldenveien 332 1923 Sørum Norway
Email: info@wankelservice.no

Phone: +47 953 080 35
Organisation no.: 828988832

The buyer is the person who places the order.

Prices

The prices listed in the webshop include VAT unless the buyer chooses to display prices excluding VAT or is registered as a user from a country outside Norway. Information about the total costs the buyer shall pay, including all charges (VAT, customs duties, and similar) and delivery costs (freight, postage, invoice fee, packaging, etc.), as well as an itemisation of the elements comprising the total price, is provided in the ordering solution before the order is placed. (Deliveries of goods to foreign countries, Svalbard or Jan Mayen shall be sold without the addition of VAT.)

Conclusion of Contract

The agreement is binding on both parties when the seller has received the buyer’s order. A party is nevertheless not bound by the agreement if there has been a writing or typing error in the seller’s offer in the webshop’s ordering solution or in the buyer’s order, and the other party realised or should have realised that such an error existed.

Order Confirmation

You will receive an order confirmation by email immediately after the purchase has been completed. The buyer is advised to check that the order confirmation corresponds to the order with regard to quantity, product type, price, etc. If there is any discrepancy between the order and the confirmation, the buyer should contact the seller as soon as possible.

Payment

The seller may demand 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 at the time of ordering.

A credit card is a payment card where settlement occurs afterwards, and the credit provider (the card company) sends the cardholder an invoice. A debit card is a payment card linked to a deposit account. Using the card results in the user’s account being charged and the amount transferred to the payee’s account.

When paying by credit card or Klarna Finance, the Credit Purchases Act (lov om kredittkjøp m.m.) applies.

Delivery etc.

Delivery of the goods from the seller to the buyer takes place in the manner, at the place, and at the time indicated in the webshop’s ordering solution. If no delivery time appears in the ordering solution or in the email accompanying the order confirmation, the seller shall deliver the goods to the buyer within a reasonable time and no later than 30 days after the customer’s order. If the seller is to arrange shipment to the buyer, the seller is obliged to have the goods transported to the destination in an appropriate manner and on usual terms for such transport. The destination is the buyer’s address unless otherwise specifically agreed between the parties.

Risk of the Goods

The risk for the goods passes to the buyer when the goods have been taken over by the buyer in accordance with the agreement. If the delivery time has arrived and the buyer fails to take over goods that have been made available to him or her under the agreement, the buyer nevertheless bears the risk of loss or damage that is due to the goods’ own properties.

Right of Withdrawal

The buyer may cancel the purchase of the goods pursuant to the provisions of the Right of Withdrawal Act. The right of withdrawal means that the buyer may return the goods to the seller without stating any reason, even if there is no defect and even if they have not been delivered. The buyer must notify the seller of the use of the right of withdrawal within 14 days after the goods, the prescribed information on the right of withdrawal, and the withdrawal form have been received.

If the buyer receives the withdrawal form and the necessary information at a later time than upon delivery of the goods, the withdrawal period starts from the day the buyer receives the withdrawal form and the information. If the buyer has not received sufficient information or the withdrawal form, the withdrawal period will nevertheless expire 3 months after the goods are received. If the buyer has not received information about the right of withdrawal at all, the period is 1 year.

The notification from the buyer to the seller concerning the use of the right of withdrawal should, for evidentiary reasons, be in writing (withdrawal form, email, fax, or letter), and must include information on how the buyer will return the goods to the seller.

The buyer shall, without undue delay and no later than 14 days from the notification of the right of withdrawal, send the goods back or deliver them to the seller, unless the seller has offered to collect the goods.

If the buyer has expressly chosen a different type of delivery than the standard delivery offered by the seller, the seller is nevertheless not obliged to refund any additional cost this entailed.

Refund shall be made without undue delay and no later than 14 days from the day the seller was informed of the buyer’s decision to use the right of withdrawal. Unless otherwise expressly agreed with the buyer, the refund shall be made using the same means of payment as the buyer used. The buyer shall not pay any fee as a result of the refund.

The seller may withhold the refund until the goods have been received, or until the buyer has provided documentation that the goods have been sent back. This does not apply when the seller has offered to collect the goods.

The buyer must bear the cost of returning the goods when the right of withdrawal is used.

The buyer may examine the product before cancelling the purchase. However, the goods must be capable of being returned to the seller in approximately the same condition and quantity as when the buyer received them. The seller may require the consumer to compensate for any diminished value resulting from handling of the goods beyond what was necessary to determine the goods’ nature, characteristics, and function.

The buyer should return the goods to the seller in the original packaging if possible. The buyer cannot cancel the purchase of goods that deteriorate quickly, goods which, for health protection or hygiene reasons, are not suitable for return, or of audio and video recordings (including CDs, DVDs) or computer software where the seal has been broken.

Inspection of the Goods

When the buyer receives the goods, it is recommended that he or she to a reasonable extent checks whether they conform to the order, whether they were damaged during transport, or whether they otherwise have defects. If the goods do not conform to the order or have defects, the buyer must notify the seller by way of a complaint pursuant to the section “Complaint in case of defect and deadline to notify claims in case of delay.”

Complaint in Case of Defect and Deadline to Notify Claims in Case of Delay

If there is a defect in the goods, the buyer must notify the seller within a reasonable time after he or she discovered it, that the buyer wishes to invoke the defect. This period can never be shorter than two months from the time the consumer discovered the defect.

A complaint must nevertheless be made no later than two years after the buyer took over the goods. If the goods or parts of them are intended to last significantly longer, the complaint period is five years. In the event of delay, claims must be directed to the seller within a reasonable time after the delivery time has arrived and the goods have not been delivered. If the goods were paid by credit card, the buyer may also choose to complain and send claims directly to the creditor (the card company). The notification to the seller or the creditor should be in writing (email, fax, or letter).

The Buyer’s Rights in the Event of Delay

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 may, under the rules of Chapter 5 of the Consumer Purchases Act, as the case may be, withhold payment, demand performance, terminate the agreement, and claim compensation from the seller.

Performance: If the seller does not deliver at the delivery time, the buyer may maintain the purchase and set a reasonable additional deadline for performance by the seller. The buyer may nevertheless not demand performance if there is an obstacle the seller cannot overcome or if performance would entail such a great inconvenience or cost to the seller that it would be in substantial disproportion to the buyer’s interest in performance. If the difficulties cease within a reasonable time, the consumer may demand performance.

Termination: The buyer may terminate the agreement with the seller if the delay is material, or if the seller does not deliver within the additional deadline for performance set by the buyer. The buyer may nevertheless not terminate while the additional deadline is running, unless the seller has stated that he or she will not perform within the deadline.

Compensation: The buyer may also claim compensation for losses suffered as a result of the delay from the seller pursuant to Section 24 of the Consumer Purchases Act.

The buyer must submit claims to the seller by way of a complaint pursuant to the section “Complaint in case of defect and deadline to notify claims in case of delay.”

The Buyer’s Rights in the Event of a Defect

If the goods have a defect and this is not due to the buyer or circumstances on the buyer’s side, the buyer may, under the rules in Chapter 6 of the Consumer Purchases Act, as the case may be, withhold payment, choose between repair and replacement, demand a price reduction, terminate the agreement, and claim compensation from the seller.

Repair or replacement: If the goods have a defect, the buyer may require the seller to repair the defect or supply equivalent goods. The seller may oppose the buyer’s demand if complying is impossible or causes unreasonable costs for the seller.
The seller shall carry out repair or replacement within a reasonable time. Repair or replacement shall be carried out at no cost to the buyer, without risk that the buyer will not have his expenses covered, and without significant inconvenience for the buyer. The seller may not make more than two attempts at repair or replacement for the same defect unless special reasons make further attempts reasonable.
Even if the buyer does not demand repair or replacement, the seller may offer repair or replacement if this occurs without delay. If the seller provides such repair or replacement, the buyer cannot demand a price reduction or termination.

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

Termination: Instead of a price reduction, the buyer may terminate the agreement, except where the defect is immaterial.

Compensation: The buyer may also claim compensation for financial loss suffered as a result of the defect pursuant to Section 33 of the Consumer Purchases Act.

The buyer must submit claims to the seller by way of a complaint pursuant to the section “Complaint in case of defect and deadline to notify claims in case of delay.” 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.

The Seller’s Rights in Case of the Buyer’s Breach

If the buyer does not pay or fulfil the other obligations under the agreement, and this is not due to the seller or circumstances on the seller’s side, the seller may, under the rules in Chapter 9 of the Consumer Purchases Act, as the case may be, retain the goods, demand performance, terminate the agreement, and claim compensation from the buyer. The seller may also, where applicable, claim interest on late payment, debt collection fees, and a fee for non-prepaid uncollected goods.

Performance: If the buyer does not pay, the seller may affirm the purchase and demand that the buyer pays the purchase price (performance). If the goods are not delivered, the seller loses this right if the seller waits unreasonably long to assert the claim.

Termination: In the event of material payment default or other material breach by the buyer, the seller may terminate the agreement. However, the seller cannot terminate after the purchase price has been paid.
The seller may also terminate the purchase if the buyer does not pay within a reasonable additional deadline for performance set by the seller. The seller cannot terminate while the additional deadline is running, unless the buyer has stated that he or she will not pay.

Compensation: The seller may claim compensation from the buyer for financial loss suffered as a result of the buyer’s breach pursuant to Section 46 of the Consumer Purchases Act.

Interest on late payment / debt collection fee: If the buyer does not pay the purchase price according to the agreement, the seller may claim interest on the purchase price pursuant to the Interest on Overdue Payments Act. In the event of non-payment, after prior notice the claim may be sent to debt collection, and the buyer may then be held liable for fees pursuant to the Debt Collection Act and other rules on recovery of overdue monetary claims.

Fee for uncollected, non-prepaid goods: If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee of NOK 500 + return freight both ways. 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.

Guarantee (Warranty)

Any guarantee given by the seller or the manufacturer grants the buyer rights in addition to the rights the buyer already has under mandatory legislation. A guarantee therefore does not limit the buyer’s rights to complain or to make claims in the event of delay or defects as set out under “The buyer’s rights in the event of delay” and “The buyer’s rights in the event of a defect.”

Personal Data

Unless the buyer consents otherwise, the seller may only collect and store personal data that is necessary for the seller to fulfil obligations under the agreement. Personal data of a buyer under 15 years may not be collected unless the seller has consent from parents or guardians. The buyer’s personal data shall only be disclosed to others if necessary for the seller to perform the agreement with the buyer or in cases required by law. The seller may only collect the buyer’s national identity number if there is an objective need for secure identification and such collection is necessary.

If the seller wishes to use the buyer’s personal data for other purposes—e.g., to send advertising or information beyond what is necessary to perform the agreement—the seller must obtain the buyer’s consent at the time of entering into the agreement. The seller must inform the buyer about what the personal data will be used for and who will use it. The buyer’s consent must be freely given and expressed by an active action, for example by ticking a checkbox.

The buyer must be able to contact the seller easily, for example by phone or email, if he or she has questions about the seller’s use of personal data, or if he or she wishes the seller to delete or amend the personal data.

Cookies

Our webshop uses so-called cookies. You can browse the online store without cookies, but you cannot shop. We use cookies to manage the contents of your shopping cart. A cookie is a text file stored on your computer. We also store information about whether you have chosen to view category pages with or without images. If your web browser or firewall is set to block cookies, the website may stop functioning or you may have trouble completing a purchase.

Dispute Resolution

The parties shall seek to resolve any disputes amicably. The buyer may contact the Norwegian Consumer Council (Forbrukerrådet) for assistance in a dispute with the seller. If an amicable solution is not achieved after mediation by the Consumer Council, the parties may submit a written request for the Consumer Council to bring the dispute before the Consumer Disputes Commission (Forbrukertvistutvalget). A decision by the Consumer Disputes Commission becomes final and enforceable four weeks after service. Before the decision becomes final, the parties may, by submitting a writ of summons to the Consumer Disputes Commission, bring the decision before the district court (tingretten).

See the Act of 1 March 2017 on the Consumer Complaints Commission (forbrukerklageloven).