Dalbunn Design AS - Salgs betingelser

Terms & Conditions – Dalbunn Design As

 

About the buisiness:

We produce and sell goods within the interior/home decor segment, including but not limited to; Wooden Design trays in solid wood, side tables made of tree stumps and other articles that often fall into the category; table decorations for coffee and dining tables. Our products are popular as cabin interiors, but also interiors for your house.

 

Introduction:

This purchase is governed by the below sales conditions for consumer purchases of goods over the Internet & Norwegian Law. Consumer purchases over the internet are mainly regulated by the Norwegian Contracts Act, the Norwegian Consumer Purchases Act, the Norwegian Marketing Control Act, the Norwegian Cancellation Act and the Norwegian E-commerce Act, and these laws give the consumer inalienable rights.

Dalbunn Design As reserves the right to typographical errors in the advertisements and on our websites. If the information we provide changes or turns out to be incorrect, we will correct this as soon as the error becomes known, but Dalbunn Design AS reserves the right that such errors may occur and that Dalbunn Design AS cannot be held responsible in such cases.

To purchase any items from Dalbunn.com buyer must be at least 18 years old.

 

Table of contents:

1] Contract

2] Parties

3] Price

4] Conclusion of contract

5] Payment

6] Delivery

7] Return Policy

8] Delays & non-delivery

9] Defect goods

10] Seller’s rights in case of Purchaser’s breach of contract

11] Warranties

12] Personal Data

13] Conflict resolution

14] Marketing Material

15] Informasjon om varen og rettledning for bruk og vedlikehold

16] Intellectual Properties

17] Governing Law

18] Limitations of Liabilities

 

 

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1. Contract

The contract consists of these Sales Conditions, information given in the ordering solution, and any specially agreed conditions. In the event of a conflict between pieces of information, precedence goes to what has been specially agreed between the parties, as long as this does not conflict with mandatory legislation.

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2. Parties

Seller is:

Dalbunn Design AS, Kvidalandsveien 18, 4335 Dirdal, Norge.

Email: Mail@dalbunn.com Tlf: (0047) 40888828

Oranisasjons nummer: 930503665

and is designated in the following as the Seller.

The purchaser is the consumer who places the order, and is designated in the following as the Purchaser.

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3. Price

The stated price for the goods and services is in most cases the total price to be paid by the Purchaser. This price normally includes all taxes and additional costs.

However, in some cases when the buyer is located outside of Norway, the shipping cost in the Ordering Solution can be inaccurate or misleading. In these cases when actual shipping cost differs from the shipping cost given in the ordering solution, seller will inform buyer of actual shipping cost, prior to shipping the goods.

If the package is sent across national borders, the seller is not responsible for any fees or extra cost incurred as a result of the item being imported to another country. (In example customs fees in other countries)

The seller is also not responsible for refunding Norwegian VAT in cases where the goods are sent out of Norway, or to areas where standard Norwegian VAT rules do not apply.

 

4. Conclusjon of Contract

The contract is binding for both parties as soon as the Purchaser has sent the order to the Seller. However, a party is not bound by the contract if there are orthographical or typological errors in the offer from the Seller in the ordering solution of the online shop or in the Purchaser’s order, and the other party realized or should have realized that such an error was present.

The seller reserves the right to cancel the order if the item is sold out or we cannot deliver the item for any other reason. In such cases, the price of the product will be fully refunded to the buyer.

 

5. Payment

Dalbunn Design AS accept payment via the payment solution in the online store at Dalbunn.com, where buyers can use both debit cards / credit cards / Vipps (when avaliable) as payment methods. The terms for the payment solution are according to Dalbunn Design AS's suppliers.

Dalbunn Design AS does not offer payment via invoice.

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6. Delivery

Important - Be sure to check the goods for any damage when you receive the delivery. In order for goods with visible, external transport damage to be able to be claimed to the carrier, the damage must be noted on the shipping company's waybill in connection with receipt.

Delivery has taken place when the buyer, or his representative, has taken over the goods. If the delivery time is not stated in the order solutions, the sellers must deliver to the buyer without undue delay and no later than 30 days after the order from the customer. The goods are delivered to the buyers address, unless otherwise agreed separately between the parties.

Dalbunn Design normally operates with a delivery time of 1-3 days + transport time. But in periods of high demand or periods where for other reasons we experience longer processing times for the orders, the delivery time may increase.

Dalbunn Design AS always strives to deliver as quickly and precisely as possible to all our customers. However, on all orders we receive, we reserve the right to cancel all orders without further specification or justification. In such cases, the buyer will receive a full refund of the purchase price.

From a legal perspective, no guarantees are given for the delivery time stated in these Sales Conditions, on our website or any other company materials. Delivery time stated must be viewed as our best estimate, and is in no way a binding agreement. We disclaim all responsibility for any consequences the buyer may experience as a result of missing or late delivery from Dalbunn Design AS

The transport time, i.e. the time that goes by after the goods have been delivered to the carrier, is not included in the estimated delivery time from Dalbunn Design AS. Dalbunn Design AS is also not responsible for delays, loss of or damage to the goods during transportation. Any claims must be directed to the carrier.

Product risk is assumed by the Purchaser as soon as the item is taken over by the carrier.

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7. Return Policy

Provided that the item is unused, in complete original packaging and in undamaged condition, you have the right to return your item. The buyer must cover all costs associated with returning the item. If the item is damaged or the value of the item has been degraded in some other way, the customer will have to bear the cost of the loss in value.

If you wish to exchange your item for another item, we consider this to be a return of one item and a new purchase of a different item.

The Purchaser must inform the Seller that Purchaser will exercise this right within 14 days after the start of the cancellation period. This time limit includes all calendar days. If the period ends on a Saturday, Sunday or public holiday, the period will be extended until the next business day. The deadline to exercise one’s right to cancel will be seen as met if notice is sent before the end of the cancellation period. The Purchaser has the burden of proof for demonstrating that the right has been asserted, and notice must therefore be submitted in writing (via the cancellation form, email or letter). The cancellation period begins as described below:

• In the purchase of individual goods, the cancellation period will begin on the day after the good is/goods are received.

• If a subscription is being sold, or the contract contains the regular delivery of identical goods, the period begins on the day after the first shipment is received.

• If the purchase consists of several deliveries, the period will begin on the day after the final delivery is received.

When the right to cancel is exercised, the good must be returned to the Seller within a reasonable amount of time and no later than 14 days after notice has been given on the intention to exercise the right. The Purchaser must cover the costs associated with returning the good.  Purchaser is responsible for any reduction in the good’s original value. The Seller is obligated to pay back the purchase sum to the Purchaser without undue delay, and no later than 14 days after the Seller received notice on the Purchaser’s decision to exercise the right to cancel. The Seller has the right to retain the repayment until it has received the goods from the Purchaser. 

To use the cancellation (return) period, the buyer must download the Return/Cancellation form from Dalbunn.com and fill in all the required information given by the form. The form must be attached to the item as a paper copy when the goods are returned to Dalbunn Design AS.

 

8. Delays & Non-delivery

As stated in section 6, Dalbunn Design AS always strives to deliver as quickly and precisely as possible to all our customers. However, on all orders we receive, we reserve the right to cancel all orders without further specification or justification. In such cases, the buyer will receive a full refund of the purchase price.

From a legal perspective, no guarantees are given for the delivery time stated on our website (and other company comunication or materials). This must be viewed as our best estimate, and is in no way a binding agreement. We disclaim all responsibility for any consequences the buyer may experience as a result of missing or late delivery from Dalbunn Design AS

Termination

If the Seller does not deliver the good at the time set for delivery, the Purchaser shall call on the Seller to deliver within a reasonable additional time frame for performance. If the seller does not deliver the good within the additional time frame, the Purchaser may cancel the purchase. The Purchaser may however cancel the purchase immediately if the Seller is unable or refuses to deliver the good.

 

9. Defect goods

Dalbunn Design AS cannot be held responsible for defects due to the purchaser, the carrier or to conditions on the part of the Purchaser or conditions described in section 15 of these Sales Conditions.

For defects that are directly caused due to errors or lack of quality in products supplied by Dalbunn Design AS can be reported in written letter or by email to mail@dalbunn.com with the following subject: Defect Claim + buyers name.

If the goods is defective, the Purchaser must notify the Seller that purchaser wishes to invoke the defect within a reasonable amount of time after the defect was discovered or should have been discovered. Notice may be given no later than two years after the Purchaser took possession of the good.

·         Repair or replacement

The Purchaser may choose between having the defect repaired or the delivery of an equivalent item. The Seller may however oppose the Purchaser’s claim if carrying out the claim is impossible or causes the Seller to incur unreasonable expenses.

Dalbunn Design AS mainly sells unique products and will therefore reserve the right to cancel the purchase in cases where the buyer requires an equivalent item.

Repair or replacement shall be performed within a reasonable amount of time. The Seller does not as a rule have the right to more than two attempts to cure for the same defect. 

·         Price reduction

The Purchaser may demand a suitable price reduction if the good is not repaired or replaced. This means that that relation between the reduced and originally agreed price corresponds to the relation between the item’s value in defective condition and the condition according to the original contract.

·         Termination

If the good is not repaired or replaced, the Purchaser may also cancel the purchase in cases where the defect is not immaterial.

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10. Seller’s rights in case of Purchaser’s breach of contract

If the Purchaser does not pay or otherwise fulfil the purchasers duties according to the contract and/or the law, and this is not due to the Seller or to conditions on the part of the Seller, the Seller may, in accordance with the rules in Chapter 9 of the Norwegian Consumer Purchases Act, withhold the good, demand performance of the contract, terminate the contract and demand compensation from the Purchaser, according to the relevant circumstances. The Seller may also, according to the relevant circumstances, charge interest for late payment, a collection fee and a reasonable fee for uncollected goods. Fulfilment If the Purchaser does not pay, the Seller may affirm the purchase and demand that the Purchaser pay the purchase sum. If the good is not delivered, the Seller will lose its right if it takes an unreasonably long time to make the claim.

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·         Termination

On all orders we receive, we reserve the right to cancel all orders without further specification or justification. In such cases, the buyer will receive a full refund of the purchase price.

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·         Interest relating to late payment/collection fee

If the Purchaser does not pay the purchase sum specified in the contract, the Seller may charge interest on the purchase sum according to the Norwegian Act Relating to Interest on Overdue Payments. In cases where payment is not made, the debt may be sent for collection after a warning has been issued, and the Purchaser may then be held responsible for fees according to the Act relating to Debt Collection and Other Debt Recovery.

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·         Fees for uncollected, non-prepaid items

 If the Purchaser fails to collect unpaid goods, the Seller may charge the Purchaser a fee of 299 NOK in addition to actual shipping cost + return shipping cost.

11. Warranties

Dalbunn Design AS does not consider a warranty agreement relevant for the type of product we supply. No warranty is therefor given.

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12. Personal Data

Dalbunn Design AS is responsible for handling the personal data we collect. Personal information obtained by our suppliers is handled in accordance with the supplier's personal information policy and the supplier is then co-responsible for the handeling of the information.

Unless the Purchaser consents otherwise, the Seller may only obtain and store whatever personal data is necessary for the Seller to complete its duties according to the contract. The Purchaser’s personal data shall only be given to others if this is necessary for the Seller to fulfil the contract with the Purchaser, or in cases where this is required by law.

You can read our privacy policy here.

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13. Conflict Resolution

Claims must be directed to the Seller within a reasonable time frame in accordance with Sections 8 and 9. The parties shall attempt to resolve any disputes out of court.

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14. Marketing Material

Dalbunn Design AS strives to display our products as accurately as possible so that the customer gets a predictable buying experience. Inaccuracies may occur, such as but not limited to; deviations in color shades, and wood cracks in our images and other marketing material. Dalbunn Design reserves the right to such inaccuracies. Circumstances such as the customer's screen and screen settings can also affect how the products on Dalbunn.com appear in relation to a purchase. Dalbunn Design AS cannot therefore be held responsible for the products possible deviations from the marketing material.

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15. Information about the product and instructions for use and storage.

Dalbunn Design AS mainly produces products made of wood. Most of these products are also made in solid pieces of wood. Wood is a material that lives

and changes as a result of external influences such as humidity, air humidity, ambient temperature, sunlight and other factors. This could result in cracking, twisting, color/surface changes and other changes to the product's original condition. Dalbunn Design AS considers this to be natural changes as a result of the wood's properties, and also as a result of the environment and maintenance the products are subjected to by the buyer. Our products are therefore sold on the condition that such changes as described here in point 15 do not give grounds for complaints from the customer, and the complaint rights described in point 9 will therefore not apply to such changes, as this is not considered a defect but rather as the wood's natural response to its surroundings.

Dalbunn Design AS supplies natural and authentic goods that highlight nature's own beauty. The fact that our products 'lives' supports the authenticity of our products and contributes to a charming and sometimes rough appearance, which we and many wood lovers value.   

Our products are exclusively interior and decor items. They are not intended for use in cooking or contact with food or beverages.

Our products are made of flammable materials and must therefore be kept away from open flames and other heat sources.

Our products are not approved for use as children's toys, and must therefore be kept out of the reach of children.

Some of our products have a physical shape that induce a tipping hazard. For these products, the customer must secure the products to another fixed structure so that overturning cannot occur.

Some of our products are heavy and are not suitable for manual handling. The customer is responsible for handling and transporting the products in a safe and responsible manner, after delivery.

Our products are intended for indoor use unless other information is stated in the ordering solution. Wood is an organic material, and will therefore decompose if it is not stored dry. Damp wood can lead to rotting, the growth of fungi, insect attacks and other unfortunate consequences. The customer is responsible for storing the product in such a way that such conditions do not occur.

Our products are treated with different types of surface treatments. Dalbunn Design AS strives to use as environmentally friendly and gentle surface treatments as possible. However, these surface treatments can contain substances with negative effects on humans and animals, in example causing allergic reactions. We therefore refer to the supplier's HSE data sheet for the surface treatment for the current product. The buyer must familiarize themselves with the guidelines that apply to each of these surface products.

Dalbunn Design AS cannot be held responsible for the condition of our products, or what they are exposed to after the products have left our premises. Nor can Dalbunn Design be held responsible for any damages / adverse effects / consequential damages resulting from the use of our products. Our products are exclusively decorative objects and have no further uses beyond being a decorative object.

 

16. Intellectual Properties

All content on Dalbunn.com, such as text, graphics, logos, images, sound clips, digital downloads and other software, as well as all intellectual property rights related to this (such as copyright, design rights, pattern rights and trademarks), belongs to Dalbunn Design AS and is protected by Norwegian law. You do not acquire any ownership rights to such content or such intellectual property rights through your use of Dalbunn.com, or through the purchase of products from Dalbunn Design AS.

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17. Governing Law

All customers, both consumers and businesses, please note that these terms of use, their subject matter and formation, are governed by Norwegian law. You and we both agree to that the Norwegian court system will have exclusive jurisdiction for any disputes arising from the use of Dalbunn.com and/or purchase of any products or services from Dalbunn Design AS.

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18. LIMITATION OF LIABILITIES.

SUBJECT TO NORWEGIAN LAW AND THE INDEMNIFICATION OBLIGATIONS HEREIN, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE OR LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL, ARISING IN CONNECTION WITH THIS PURCHASE AGREEMENT, UNDER ANY LEGAL THEORY OR CAUSE OF ACTION, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS.