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Salgsbetingelser

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 mainly regulated by the Contract Act, the Consumer Purchase Act, the Marketing Act, the Right of Withdrawal Act and the E-Commerce Act, and these laws give the consumer inalienable rights. The laws are available at  www.lovdata.no.  The terms of this agreement shall not be understood as any limitation of the statutory rights, but set out the parties’ most important rights and obligations for the transaction.

1. The Agreement

The agreement consists of these terms of sale, information provided in the order solution and any separately agreed terms. In the event of any conflict between the information, what has been specifically agreed between the parties takes precedence, unless it conflicts with mandatory legislation.

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

2. The parties

The seller is the brand Merkbart Stickers, with Funko AS as the legal company name and organization number 918 930 078. Email: post@merkbartstickers.no, telephone: 464 29 380. Hereinafter referred to as the seller/seller.

Buyer is the consumer who places the order, and is hereinafter referred to as the buyer/purchaser.

3. Price

The stated price for the goods and services is the total price the buyer shall pay. This price includes all taxes and additional costs. 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 on both parties once the buyer has sent their order to the seller.

However, the agreement is not binding if there has been a typing or typing error in the seller’s offer in the ordering solution in 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 may demand payment for the item from the time it is shipped from the seller to the buyer.

If the buyer uses a credit or debit card to pay, the seller can reserve the purchase price on the card when ordering. The card will be charged the same day the item is shipped.

When paying by invoice, the invoice to the buyer is 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 the age of 18 cannot pay with a subsequent invoice.

6. Delivery

Delivery is deemed to have taken place when the buyer, or his representative, has taken over the goods. The goods are produced in 2-7 business days before being sent by Posten. The goods shall be delivered to the buyer unless otherwise specifically agreed between the parties.

7. The risk of the goods

The risk for the goods passes to the buyer when he has received the goods in accordance with point 6.

8. Right of withdrawal

As the goods are specially manufactured according to the customer’s needs, the customer loses the opportunity to cancel the purchase unless the delivered goods deviate from what the customer can expect in terms of quality or product.

9. Delay and non-delivery – buyers’ rights and deadline for reporting claims

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, in accordance with the rules in Chapter 5 of the Consumer Purchase Act,  withhold the purchase price , demand  fulfillmentterminate  the agreement and/or demand  compensation  from the seller, depending on the circumstances.

When claiming default powers, the notification should be in writing (for example, email) for evidentiary reasons.

Fulfillment

The buyer may maintain the purchase and demand fulfillment from the seller. However, the buyer may not demand fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment would entail such a great inconvenience or cost for the seller that it is significantly disproportionate to the buyer’s interest in the seller’s fulfillment. Should the difficulties disappear within a reasonable time, the buyer may still demand fulfillment.

The buyer loses his or her right to demand fulfillment if he or she waits an unreasonable amount of time to make the claim.

Raising

If the seller does not deliver the goods at the time of delivery, the buyer shall encourage the seller to deliver within a reasonable additional period of performance. If the seller does not deliver the goods within the additional period, the buyer may cancel the purchase.

However, the buyer may cancel the purchase immediately if the seller refuses to deliver the goods. The same applies if delivery at the agreed time was decisive for the conclusion of the agreement, or if the buyer has informed the seller that the time of delivery is decisive.

If the item is delivered after the additional deadline set by the consumer or after the time of delivery that was decisive for the conclusion of the agreement, a claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.

Replacement

The buyer may claim compensation for losses suffered as a result of the delay. However, this does not apply if the seller proves that the delay is due to an obstacle beyond the seller’s control that could not reasonably have been taken into account at the time of the agreement, avoided, or the consequences of which could not have been overcome.

10. Defects in the goods – the buyer’s rights and complaint period

If there is a defect in the goods, the buyer must, within a reasonable time after it was discovered or should have been discovered, notify the seller that he or she will claim the defect. The buyer has always made a complaint in time if this occurs within 2 months from the time the defect was discovered or should have been discovered. Complaints can 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 than two years, the complaint period is five years.

If the item has a defect and this is not due to the buyer or circumstances on the buyer’s side, the buyer may, in accordance with the rules in the Consumer Purchase Act, Chapter 6, depending on the circumstances,  withhold the purchase price , choose between  correction  and  replacement , demand  a price reduction , demand the agreement be terminated and/or demand  compensation  from the seller.

Complaints to the seller should be made in writing by email to post@merkbartstickers.no.

Correction or resubmission

The buyer can choose between demanding the defect be rectified or delivery of equivalent goods. The seller may, however, oppose the buyer’s claim if the implementation of the claim is impossible or causes the seller unreasonable costs. Rectification or replacement shall be carried out within a reasonable time. 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 the agreed price corresponds to the ratio between the value of the goods in their defective and contractual condition. If special reasons justify it, the price reduction may instead be set equal to the significance of the defect for the buyer.

Raising

If the goods are not corrected or replaced, the buyer may also cancel the purchase when the defect is not insignificant.

11. The seller’s rights in the event of the buyer’s default

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 circumstances on the seller’s part, the seller may, in accordance with the rules in the Consumer Purchase Act, Chapter 9, depending on the circumstances  , withhold  the goods , demand  fulfillment  of the agreement, demand the agreement  be terminated  and demand  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 can maintain the purchase and demand that the buyer pay the purchase price. If the item is not delivered, the seller loses his right if he waits an unreasonable amount of time to file the claim.

Raising

The seller may terminate the agreement if there is a material default on payment or other material breach by the buyer. However, the seller may not 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 deadline, the seller may terminate the purchase.

Interest in case of late payment/collection fee

If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price under the Late Payment Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to The buyer may then be held liable for fees under the Collection Act.

Fee for uncollected, non-prepaid items

If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee shall not exceed the seller’s actual expenses for delivering the goods to the buyer. Such a fee may not be charged to buyers under the age of 18.

12. Warranty

A warranty provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A warranty therefore does not imply any limitations on the buyer’s right to make complaints and claims in the event of delay or defects under clauses 9 and 10.

13. Personal data

The data controller for the collected personal data is the seller. Unless the buyer consents otherwise, the seller may, in accordance with the Personal Data Act, only collect and store the personal data that is necessary for the seller to be able to carry out the obligations under the agreement. The buyer’s personal data will only be disclosed to others if it is necessary for the seller to be able to carry out the agreement with the buyer, or in cases prescribed by law.

14. Conflict resolution

Complaints must be addressed to the seller within a reasonable time, cf. points 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is unsuccessful, the buyer may contact the Norwegian Consumer Authority for mediation.

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