Introduction
This purchase is governed by the standard terms of sale for consumer purchases of goods online as outlined below. Consumer purchases online are primarily regulated by the Contract Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act, and the E-Commerce Act, which provide consumers with non-waivable rights. These laws are available at www.lovdata.no. The terms in this agreement should not be understood as limitations to statutory rights but rather outline the main rights and obligations of the parties involved in the transaction.
The terms of sale have been prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these terms, refer to the Consumer Authority’s guide.
1. The Agreement
The agreement consists of these terms of sale, information provided in the ordering system, and any specifically agreed-upon terms. In case of conflict between these elements, any specifically agreed-upon terms between the parties take precedence unless they contradict non-waivable legislation.
The agreement is supplemented by relevant legal provisions regulating the purchase of goods between businesses and consumers.
2. The Parties
• Seller:
Company Name: Tone Loeng
Email: [email protected]
Organization Number: 922189684
Referred to as “the seller.”
• Buyer:
The consumer placing the order, referred to as “the buyer.”
3. Price
Prices listed in the online store are in Norwegian kroner (NOK) and include VAT. Tone Loeng reserves the right to correct pricing errors in the store. The total cost payable by the buyer, including all fees (VAT, customs duties, etc.) and delivery costs (shipping, packaging, etc.), will be specified in the ordering system before the order is placed.
4. Formation of Agreement
The agreement becomes binding for both parties when the buyer submits their order to the seller. However, it is not binding if there are typographical or input errors in either party’s submission that should have been recognized as errors.
5. Payment
The seller may demand payment once the item is shipped to the buyer. Payment methods include Stripe. Upon receiving an order, the seller must promptly confirm it by sending an order confirmation to the buyer. Buyers are encouraged to verify that this confirmation matches their order details.
For partial payments, delayed monthly withdrawals after three attempts may result in an invoice with late payment interest and loss of access until payment is made.
6. Delivery
Delivery occurs when the buyer or their representative takes possession of the item. Unless otherwise stated in the ordering system, delivery must occur without undue delay and no later than 30 days after purchase for physical goods. Digital products are delivered immediately upon purchase completion.
**When purchasing a pattern**, it will be sent as a PDF. **When purchasing a course**, you will gain access to a course portal where the entire course is available immediately. **When purchasing a membership**, you will gain instant access to the membership pages.
7. Risk of the Goods
The risk for the goods transfers to the buyer when they, or their representative, have received the goods in accordance with Section 6.
Payment cards will be charged at the time the order is approved. Buyers under the age of 18 can only pay directly upon delivery by the seller or through cash on delivery (footnote 1).
8. Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may cancel their purchase of goods in accordance with the Right of Withdrawal Act.
The buyer must notify the seller of their intention to exercise the right of withdrawal within 14 days from when the withdrawal period begins. The period includes all calendar days. If it ends on a Saturday, public holiday, or other non-working day, it is extended to the next working day.
The withdrawal period is considered met if notification is sent before it expires. The buyer bears the burden of proof for exercising their right of withdrawal, so it is recommended that this is done in writing (withdrawal form, email, or letter).
**The withdrawal period begins:**
- For single-item purchases: The day after the item(s) are received.
- For subscriptions or agreements involving regular delivery of identical items: The day after the first shipment is received.
- For purchases consisting of multiple deliveries: The day after the last delivery is received.
If the seller fails to inform the buyer about their right of withdrawal and provide a standardized withdrawal form before entering into the agreement, the withdrawal period extends to 12 months beyond its original expiration date. If this information is provided during those 12 months, the withdrawal period ends 14 days after the buyer receives this information.
When exercising the right of withdrawal, goods must be returned to the seller without undue delay and no later than 14 days after notification has been given. The buyer covers direct return costs unless otherwise agreed upon or if the seller failed to inform them that these costs would apply. The seller cannot charge fees for exercising the right of withdrawal.
The buyer may inspect or test goods in a reasonable manner to determine their nature, characteristics, and functionality without losing their right of withdrawal. However, if testing exceeds what is reasonable and necessary, they may be held liable for any reduction in value.
The seller must refund the purchase price to the buyer without undue delay and no later than 14 days after receiving notification of withdrawal. The seller has the right to withhold payment until they receive the returned goods or until documentation is provided that they have been shipped back.
Delivery of goods from the seller to the buyer takes place as specified in the ordering system in terms of method, location, and timing. If no delivery time is specified in the ordering system, delivery must occur within a reasonable time—typically within one week—and no later than 30 days after purchase.
**Exemptions from Withdrawal Rights:**
The buyer cannot withdraw from purchases of goods that deteriorate quickly or items that cannot be returned due to their nature (this applies to digital products such as patterns, courses, and memberships). For returns, a withdrawal form must be completed and included with the return; this form is included in your shipment.
If the seller fails to deliver the goods or delivers them late according to 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 in Chapter 5 of the Consumer Purchases Act, depending on the situation, withhold payment, demand fulfillment, terminate the agreement, and/or claim compensation from the seller.
For claims related to breaches of contract, it is recommended that such claims be made in writing (e.g., via email) for evidentiary purposes.
### Fulfillment
The buyer may 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 result in a significant inconvenience or cost to the seller that is disproportionately large compared to the buyer’s interest in having the seller fulfill their obligation. If such obstacles are resolved within a reasonable time, the buyer may still demand fulfillment.
The buyer loses their right to demand fulfillment if they wait an unreasonable amount of time before making their claim.
### Termination
If the seller does not deliver the goods by the agreed delivery time, the buyer must request that the seller deliver within a reasonable additional time for fulfillment. If the seller does not deliver within this additional time frame, the buyer may terminate the purchase.
However, the buyer may terminate the purchase immediately if the seller refuses to deliver the goods. The same applies if delivery at the agreed time was essential to entering into the agreement or if the buyer has informed the seller that delivery at a specific time was critical.
If delivery occurs after an additional deadline set by the consumer or after a delivery time deemed essential to entering into the agreement, any claim for termination must be made within a reasonable time after the buyer became aware of delivery.
### Compensation
The buyer may claim compensation for any loss incurred as a result of the delay. However, this does not apply if the seller can prove that the delay was caused by circumstances beyond their control that could not reasonably have been foreseen at the time of agreement, avoided, or overcome.
10. Defects in the Goods – Buyer’s Rights and Complaint Deadline
If there is a defect in the goods, the buyer must notify the seller within a reasonable time after the defect was discovered or should have been discovered. The buyer has always acted within the deadline if they notify the seller within two months of discovering the defect or when it 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 deadline is five years.
If the goods have a defect that is not caused by the buyer or circumstances on the buyer’s side, the buyer may, under Chapter 6 of the Consumer Purchases Act, depending on the situation, withhold payment, choose between repair or replacement, demand a price reduction, terminate the agreement, and/or claim compensation from the seller.
Complaints to the seller should be made in writing.
### Repair or Replacement
The buyer may choose to demand that the defect be repaired or that equivalent goods be delivered. However, the seller may oppose the buyer’s demand if fulfilling it is impossible or would impose unreasonable costs on the seller. Repairs or replacements must be carried out within a reasonable time. As a general rule, the seller is not entitled to make more than two attempts to remedy the same defect.
### Price Reduction
The buyer may demand an appropriate price reduction if the goods are not repaired or replaced. This means that the ratio between the reduced and agreed price corresponds to the ratio between the value of the item in its defective state and its contractual state. If special circumstances warrant it, the price reduction may instead equal the significance of the defect for the buyer.
### Termination
If the goods are not repaired or replaced, the buyer may also terminate the purchase if the defect is not insignificant.
11. Seller’s Rights in Case of Buyer’s Breach of Contract
If the buyer fails to 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 may, under Chapter 9 of the Consumer Purchases Act, depending on the situation, withhold delivery of the goods, demand fulfillment of the agreement, terminate the agreement, and/or claim compensation from the buyer. The seller may also, depending on the circumstances, demand interest for late payment, collection fees, and a reasonable fee for uncollected goods.
### Fulfillment
The seller may uphold the purchase and demand that the buyer pay the purchase price. If the goods have not been delivered, the seller loses this right if they wait an unreasonable amount of time to make their claim.
### Termination
The seller may terminate the agreement if there is significant payment default or other material breaches of contract by the buyer. However, the seller cannot terminate if the full purchase price has been paid. If the seller sets a reasonable additional deadline for fulfillment and the buyer does not pay within this time frame, the seller may terminate the purchase.
### Interest for Late Payment/Collection Fees
If the buyer fails to pay the purchase price as agreed, the seller may charge interest on the purchase price in accordance with the Late Payment Interest Act. In cases of non-payment, and after prior notice, the claim may be sent to debt collection. The buyer may then be held liable for fees in accordance with the Debt Collection Act.
### Fee for Uncollected Non-Prepaid Goods
If the buyer fails to collect unpaid goods, the seller may charge a fee. The fee must cover only the seller’s actual expenses incurred in delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years old.
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12. Warranty
A warranty provided by the seller or manufacturer gives the buyer rights in addition to those already granted under non-waivable legislation. A warranty does not limit the buyer’s rights to file complaints or claims for delays or defects as outlined in Sections 9 and 10.
13. Personal Data
The seller is the data controller for the personal data collected. Unless the buyer consents to otherwise, the seller may, in accordance with the Personal Data Act, only collect and store personal data necessary for fulfilling the obligations under the agreement. The buyer’s personal data will only be disclosed to third parties if it is required for the seller to fulfill the agreement with the buyer or in cases prescribed by law.
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14. Dispute Resolution
Complaints should be directed to the seller within a reasonable time, cf. Sections 9 and 10. The parties should attempt to resolve any disputes amicably. If this is unsuccessful, the buyer may contact the Norwegian Consumer Authority for mediation. The Consumer Authority can be reached at +47 23 400 600.
The European Commission's Online Dispute Resolution (ODR) platform 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. Complaints can be filed here: [http://ec.europa.eu/odr](http://ec.europa.eu/odr).
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15. Personal Data
Unless the buyer consents to otherwise, the seller may only collect and store personal data necessary to fulfill their obligations under the agreement. The personal data stored includes the customer’s name, address, phone number, and email address. Personal data for buyers under 15 years of age cannot be collected unless consent is obtained from a parent or guardian.
The buyer’s personal data will only be disclosed to third parties if it is necessary for fulfilling the agreement (e.g., to a transporter such as Posten or similar) or in cases prescribed by law. Beyond this, personal data will not be shared with third parties and will only be used internally by the seller.
The seller may only collect the buyer’s national ID number if there is a legitimate need for secure identification and such collection is necessary. If the seller wishes to use the buyer's personal data for other purposes—such as sending marketing materials or information beyond what is necessary to fulfill the agreement—they must obtain the buyer’s consent when entering into the agreement.
The seller must inform the buyer about how their personal data will be used and who will use it. The buyer’s consent must be voluntary and given through an active action, such as checking a box.
The buyer must be able to easily contact the seller—for example, via phone or email—if they have questions about how their personal data is being used or if they wish to have their personal data deleted or modified.
