Terms and conditions
This purchase is governed by the standard terms and conditions for consumer purchases of goods over the Internet. Consumer purchases over the Internet are primarily regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act, and the E-Commerce Act, all of which provide the consumer with non-waivable rights. These laws are available at www.lovdata.no. The terms of this agreement shall not be interpreted as limiting statutory rights, but outline the parties' primary rights and obligations regarding the transaction.
1. The Agreement
The agreement consists of these terms and conditions, the information provided in the ordering solution, and any specially agreed terms. In the event of conflict between the information, any specifically agreed terms between the parties shall take precedence, provided they do not conflict with mandatory legislation.
The agreement will also be supplemented by relevant statutory provisions governing the purchase of goods between businesses and consumers.
2. The Parties
The seller is Merkaba Lina Adam, Veritashammaren 5, 4007 Stavanger, post@merkabahealing.no, tel. +47 98475879, org. no. 834937042, and is hereinafter referred to as the seller/the Seller.
The buyer is the consumer who places the order and is hereinafter referred to as the buyer/the Buyer.
3. Price
The stated price for the goods and services is the total amount the buyer shall pay. This price includes all taxes and additional costs. The buyer shall not bear any additional costs that the seller has not informed about before the purchase.
4. Conclusion of the Agreement
The agreement is binding for both parties when the buyer has submitted their order to the seller.
However, the agreement is not binding if there has been a typographical or input error in the seller's offer in the ordering solution, or in the buyer's order, and the other party realized or should have realized that such an error existed.
5. Payment
The seller may demand payment for the item from the moment it is shipped from the seller to the buyer.
If the buyer uses a credit or debit card, the seller may reserve the purchase amount on the card at the time of ordering. The card will be charged the same day the item is shipped.
For payments by invoice, the invoice will be issued upon shipment of the item. The payment deadline appears on the invoice and is a minimum of 14 days from receipt.
Buyers under the age of 18 cannot pay by invoice with deferred payment.
6. Delivery
Delivery is considered completed when the buyer, or their representative, has taken possession of the item.
If no delivery time is specified in the ordering solution, the seller must deliver the item to the buyer without undue delay and no later than 30 days after the customer's order. The item shall be delivered to the buyer unless otherwise specifically agreed between the parties.
7. Risk of the Goods
The risk for the goods passes to the buyer when they, or their representative, have received the goods in accordance with point 6.
8. Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw from the purchase in accordance with the Right of Withdrawal Act.
The buyer must notify the seller of their wish to exercise the right of withdrawal within 14 days from when the withdrawal period begins. All calendar days are included. If the deadline ends on a Saturday, Sunday, or public holiday, the deadline is extended to the next working day.
The withdrawal deadline is considered met if notice is sent before the deadline expires. The buyer bears the burden of proof that the right of withdrawal has been exercised, and the notice should therefore be given in writing (withdrawal form, email, or letter).
The withdrawal period begins:
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For purchases of individual goods: the day after the item(s) is received.
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For subscriptions or agreements for regular delivery of identical goods: the day after the first delivery is received.
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For purchases consisting of several deliveries: the day after the final delivery is received.
If the seller does not inform the buyer about the right of withdrawal and the standard withdrawal form before the agreement is concluded, the withdrawal period is extended by 12 months. The same applies if the seller fails to provide information about the terms, deadlines, and procedures for exercising the right of withdrawal. If the information is provided during this 12-month period, the withdrawal period expires 14 days after the buyer receives the information.
When exercising the right of withdrawal, the item must be returned to the seller without undue delay and no later than 14 days after notice has been given. The buyer covers the direct costs of returning the item unless otherwise agreed or unless the seller failed to inform the buyer that return costs must be covered. The seller cannot charge a fee for the buyer's use of the right of withdrawal.
The buyer may inspect or test the item in a responsible manner to determine its nature, properties, and function without losing the right of withdrawal. If the inspection/testing exceeds what is necessary, the buyer may be liable for any reduced value of the item.
The seller is obligated to refund the purchase amount without undue delay, and no later than 14 days after receiving notice of the buyer's decision to withdraw. The seller may withhold payment until the item is returned or until the buyer has provided documentation that the item has been sent.
9. Delay and Non-Delivery – Buyer's Rights and Deadline for Claims
If the seller does not deliver the item or delivers it late according to the agreement, 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—depending on the circumstances, withhold payment, demand fulfillment, terminate the agreement, and/or claim compensation from the seller.
Claims should be made in writing for evidentiary purposes (e.g., email).
Fulfillment
The buyer may uphold the purchase and demand fulfillment from the seller unless there is an obstacle the seller cannot overcome, or fulfillment would impose unreasonable inconvenience or cost on the seller relative to the buyer's interest in fulfillment. If the obstacle ceases within reasonable time, the buyer may still demand fulfillment.
The buyer loses the right to demand fulfillment if they wait an unreasonably long time before presenting the claim.
Termination
If the seller does not deliver the item by the agreed delivery time, the buyer must urge the seller to deliver within a reasonable additional deadline. If the seller still does not deliver, the buyer may terminate the purchase.
The buyer may terminate immediately if the seller refuses to deliver, or if the delivery time was decisive for the agreement. The same applies if the buyer informed the seller that the delivery time was critical.
If the item is delivered after the additional deadline or after the originally critical delivery time, claims for termination must be made within reasonable time after the buyer becomes aware of the delivery.
Compensation
The buyer may claim compensation for losses resulting from the delay, unless the seller proves that the delay was due to an obstacle beyond their control that could not reasonably have been foreseen, avoided, or overcome.
10. Defects – Buyer's Rights and Deadline for Complaints
If there is a defect in the item, the buyer must notify the seller within a reasonable time after the defect was discovered or should have been discovered. Complaints made within two months after discovery are always considered timely. Complaints may be made up to two years after the buyer received the item. If the item is intended to last significantly longer, the complaint period is five years.
If the item has a defect not caused by the buyer, the buyer may—under the rules of Chapter 6 of the Consumer Purchases Act—depending on the circumstances, withhold payment, demand repair or replacement, claim a price reduction, terminate the purchase, and/or claim compensation.
Complaints should be made in writing.
Repair or Replacement
The buyer may choose repair or replacement unless the demand is impossible or imposes unreasonable costs on the seller. Repair or replacement must occur within reasonable time, and the seller generally cannot attempt more than two remedies for the same defect.
Price Reduction
The buyer may demand a reasonable price reduction if the item is not repaired or replaced. The reduction corresponds to the difference in value between the defective and correct state of the item. In special circumstances, the reduction may equal the significance of the defect to the buyer.
Termination
If the item is not repaired or replaced, the buyer may terminate the purchase if the defect is not insignificant.
11. Seller's Rights in Case of Buyer's Breach
If the buyer does not pay or fulfill other obligations under the agreement or law, and this is not due to the seller, the seller may—under Chapter 9 of the Consumer Purchases Act—depending on the circumstances, withhold the item, demand fulfillment, terminate the agreement, and/or claim compensation. The seller may also claim interest, collection fees, and reasonable fees for uncollected goods.
Fulfillment
The seller may uphold the purchase and demand payment. If the item has not been delivered, the seller loses this right if they wait an unreasonably long time before presenting the claim.
Termination
The seller may terminate the agreement in cases of significant non-payment or other substantial breach by the buyer. However, the seller cannot terminate if the full price has been paid. If the seller sets a reasonable additional deadline for payment and the buyer fails to pay, the seller may terminate the purchase.
Interest / Collection Fees
If the buyer does not pay as agreed, the seller may claim interest under the Late Payment Interest Act. Unpaid claims may, after prior notice, be sent to debt collection, and the buyer may then be liable for collection fees under the Debt Collection Act.
Fee for Uncollected Non-Prepaid Goods
If the buyer fails to collect non-prepaid goods, the seller may charge a fee covering only the seller's actual expenses for attempting delivery. This fee cannot be charged to buyers under 18 years old.
12. Warranty
Any warranty provided by the seller or manufacturer grants the buyer rights in addition to statutory consumer rights. A warranty does not limit the buyer's rights regarding complaints, delays, or defects under points 9 and 10.
13. Personal Data
The seller is the data controller for collected personal data. Unless the buyer consents otherwise, the seller may—according to the Personal Data Act—only collect and store personal data necessary to fulfill obligations under the agreement. Personal data will only be disclosed to others when necessary to fulfill the agreement or when required by law.
14. Dispute Resolution
Complaints must be directed to the seller within a reasonable time, cf. points 9 and 10. The parties shall attempt to resolve disputes amicably. If unsuccessful, the buyer may contact the Norwegian Consumer Council for mediation. The Consumer Council is available at +47 23 400 500 or www.forbrukerradet.no.
