Standard Terms and Conditions for Consumer Purchases of Goods over the Internet

Version 2.0, revised October 2015. Updated January 2018.

Introduction:

This purchase is governed by the standard terms and conditions for consumer purchases of goods over the Internet outlined below. Consumer purchases online are primarily regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act. These laws provide non-waivable rights for the consumer. The laws are available at www.lovdata.no. The terms of this agreement are not to be interpreted as a limitation of statutory rights but as a clarification of the parties’ primary rights and obligations in the transaction.

These sales conditions are prepared and recommended by the Norwegian Consumer Authority. For further understanding, refer to the authority’s guide.

Table of Contents:

  • The Agreement
  • The Parties
  • Price
  • Conclusion of Agreement
  • Payment
  • Delivery
  • Risk of the Goods
  • Right of Withdrawal
  • Delay and Non-Delivery – Buyer’s Rights and Claim Deadlines
  • Defects – Buyer’s Rights and Claim Period
  • Seller’s Rights in the Event of Buyer’s Default
  • Warranty
  • Personal Data
  • Dispute Resolution

1. The Agreement

The agreement consists of these terms and conditions, information provided in the ordering system, and any specifically agreed-upon terms. If there is a conflict between the information, specifically agreed terms will prevail, provided they do not conflict with mandatory law.

The agreement is also supplemented by applicable legislation governing sales of goods between businesses and consumers.

2. The Parties

Seller is Blessing’s Bakery, hereinafter referred to as the seller.

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

3. Price

The stated price for the goods and services is the total price the buyer must pay. This includes all taxes and additional costs. Any costs not previously disclosed by the seller shall not be borne by the buyer.

4. Conclusion of Agreement

The agreement is binding when the buyer has sent their order to the seller.

However, the agreement is not binding if there are typographical or clerical errors in the seller’s offer in the order system or the buyer’s order, and the other party realized or should have realized the error.

5. Payment

The seller may charge payment for the item from the time it is shipped to the buyer.

If the buyer pays by 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.

If paying by invoice, the invoice is issued upon dispatch of the item. The payment deadline is at least 14 days from receipt.

Buyers under the age of 18 cannot pay by invoice after delivery.

6. Delivery

Delivery has occurred when the buyer or their representative has taken possession of the item.

If no delivery time is specified, the seller must deliver the item without undue delay and within 30 days of the order. Unless otherwise agreed, the item is delivered to the buyer’s address.

7. Risk of the Goods

The risk for the goods transfers to the buyer when they, or their representative, have taken delivery in accordance with section 6.

8. Right of Withdrawal

Unless the agreement is exempt, the buyer may withdraw from the purchase under the Right of Withdrawal Act.

The buyer must notify the seller within 14 calendar days. If the deadline falls on a weekend or holiday, it is extended to the next business day.

The withdrawal is valid if the notice is sent before the deadline. The buyer should retain proof of notice, preferably in writing (e.g., withdrawal form, email, or letter).

The withdrawal period begins:

  • The day after receiving a single item.
  • The day after receiving the first delivery in a subscription.
  • The day after receiving the last part of a delivery split into multiple shipments.

If the seller has not informed the buyer of the right of withdrawal and provided the standard form before purchase, the withdrawal period is extended by 12 months. If the seller provides the information within those 12 months, the deadline is 14 days from the date the buyer receives the information.

The buyer must return the item to the seller without undue delay and no later than 14 days after notifying the seller. The buyer bears the return cost unless otherwise agreed or the seller failed to disclose this.

The buyer may inspect the item reasonably without losing the right of withdrawal. Excessive handling may result in liability for reduced value.

The seller must refund the purchase amount without undue delay and no later than 14 days after receiving notice. The seller may withhold the refund until they have received the goods or proof of return.

9. Delay and Non-Delivery – Buyer’s Rights

If the seller does not deliver the goods or delivers late, and this is not due to the buyer, the buyer may withhold payment, demand fulfillment, cancel the agreement, and/or claim damages.

Claims should ideally be made in writing (e.g., email) for documentation.

Fulfillment
The buyer may demand the seller fulfill the purchase unless it involves an insurmountable obstacle or disproportionate cost. If the obstacle disappears within a reasonable time, the buyer may again demand fulfillment.

Cancellation
The buyer may cancel the purchase if delivery is not made within a reasonable extension. Immediate cancellation is possible if timely delivery was essential or the seller refused delivery.

Compensation
The buyer may claim compensation unless the delay was due to circumstances beyond the seller’s control which could not reasonably have been foreseen or overcome.

10. Defects – Buyer’s Rights and Complaint Period

The buyer must notify the seller within a reasonable time after discovering a defect. Notification within two months is always timely. The complaint period is two years, or five years if the item is meant to last significantly longer.

If there is a defect not caused by the buyer, the buyer may withhold payment, request repair or replacement, demand a price reduction, cancel the purchase, and/or claim compensation.

Repair or Replacement
The buyer may choose between repair and replacement, unless this imposes unreasonable cost or is impossible for the seller. The seller usually cannot attempt repair or replacement more than twice for the same issue.

Price Reduction
A suitable price reduction may be claimed if repair or replacement does not occur.

Cancellation
If the item is not repaired or replaced, and the defect is not minor, the buyer may cancel the purchase.

11. Seller’s Rights in Case of Buyer’s Breach

If the buyer fails to pay or meet obligations not due to the seller, the seller may withhold delivery, demand fulfillment, cancel the purchase, and/or claim damages. The seller may also charge interest, collection fees, and a reasonable fee for unclaimed goods.

Fulfillment
The seller may demand the buyer pay the purchase price. If the item has not been delivered, the seller loses this right if they wait unreasonably long to assert it.

Cancellation
The seller may cancel the purchase for significant payment default or breach. If a reasonable extension is given and still not fulfilled, the seller may cancel.

Interest/Collection Fees
The seller may charge interest on late payments under the Late Payment Interest Act. The claim may be sent to collections, and the buyer may be responsible for collection fees.

Unclaimed Goods Fee
If the buyer does not collect unpaid goods, the seller may charge a fee to cover actual delivery costs. This fee does not apply to buyers under 18.

 

Cake policy

You may send a photo, however we can not make the exact design. Every cake we make is handmade with love, which means no two are ever exactly the same! While we do our best to match colours and designs from photos, small differences can happen and that’s what makes each cake one-of-a-kind!