Terms & Conditions

INTRODUCTION

This purchase is regulated by the Standard Sales Conditions for Consumer Purchases of Goods over the Internet, given below. By “consumer purchases” is meant here sales of goods to consumers who are not primarily acting for commercial purposes, and in which the seller is acting for commercial purposes by selling goods via the Internet. The contract is developed and its use recommended by the Consumer Ombudsman in Norway.

Consumer purchases via the Internet are regulated primarily by the Contract Act, the Consumer Purchases Act, the Marketing Control Act, the Cancellation Act, and the ECommerce Act, and these laws provide consumers with mandatory rights. The terms of the contract are not to be understood as a limitation on legal rights, but rather as presenting the parties’ most important rights and duties in regard to the purchase. The seller may choose to offer the buyer better terms than what is stated in these Sales Conditions.

For cases in which the contract does not give a direct solution to an issue, the contract must be supplemented by relevant legal provisions.

1. AGREEMENT

A contract between a buyer and seller consists of the information regarding the purchase given by the seller in the ordering section of the online shop (including e.g. information on the nature of the product, its quantity, quality, other properties, price, and conditions of delivery), any direct correspondence between the parties (such as e-mail), as well as these Sales Conditions.

In the event of a conflict between the information regarding the purchase given by the seller in the ordering section of the online shop, the direct correspondence between the parties and the terms given in the sales conditions, the direct correspondence between the parties and the information given in the ordering section will prevail upon the sales conditions. 

The sales conditions will however prevail if the information given by the seller or the correspondence contains terms in conflict with binding legislation.

2. PARTIES

SELLER

Company name: Mall of Norway / Saga Souvenir AS

Contact address: Post box 54, 5742 Flåm, Norway / Stasjonsvegen 9, 5743 Flåm, Norway

E-mail: [email protected]

Telephone number: +47 57 11 00 11

Company registration number: 969 035 138

The BUYER is the person who places the order.

3. PRICES

All prices in the webshop are shown in CAD, DKK, EUR, GBP, NOK, SEK or USD including all customs fees, taxes and VAT. Shipping costs are excluded. Prices are subject to change without further notice if VAT rate, taxes, and/or other duties change. 

No extra import duties will be charged by your country, as all customs fees and handling is prepaid by Mall of Norway and handled by DHL Express.

3.1 Orders to the US

Orders sent to the United States with a value of less than 800 USD are not charged VAT. Orders with a value above 800 USD will be charged VAT and import fees. This will be charged by local authorities or shipping company.

4. ENTERING INTO THE AGREEMENT

The contract is binding for both parties as soon as the seller receives the buyer’s order. 

However, a party is not bound by the contract if orthographical or typological errors have occurred in the offer made by the seller in the ordering section of the online shop or in the buyer’s order, and the other party realized or should have realized that such an error was present.

5. PAYMENT

Depending on the buyer’s country of residence, we provide payments through Klarna, Stripe, Paypal, and Vipps.

The seller may charge the buyer for the products at the time it is sent from the seller to the buyer.

If the buyer uses a credit card or debit card to make the payment, the seller may hold the funds on the card for the order for up to four days from the time the order is placed.

When paying by credit card, the Credit Sales Act will be applicable.

If the seller offers post-delivery invoicing, the invoice shall be issued when the good is dispatched. The due date shall be set to a minimum of 14 days from when the buyer receives the delivery.

If the seller has a particular need to require advance payment from the buyer, as is the case with goods that are to be manufactured or adapted for the buyer, the seller may require this.

Buyers under 18 years of age may only pay directly when the seller delivers the products or by cash on delivery by post.

5.1 Payments by Klarna

You may pay with your card, invoice, and VIPPS, all payments go through KLARNA. Any questions related to payments through Klarna, should be directed to your local Klarna company. https://www.klarna.com/international/

If you pay by card, the amount is charged when you complete the purchase.

See Klarna’s Terms and conditions for your country here: https://www.klarna.com/international/

If you pay by invoice, the invoice will be sent to you from Klarna (not from Mall of Norway) and you can choose to split your payment if you wish, unless otherwise agreed. In the event of non-payment, interest will be accrued at all times in accordance with the Delay Interest Act, as well as any recovery costs. Unless otherwise stated on the invoice, invoice and payment follow-up has been transferred to Klarna.

5.2 Klarna Privacy

In order to offer you the use of Klarna’s payment methods, we need to share some information about you with Klarna. This only happens if you select Klarna as your payment method. Klarna uses the information to judge whether you would qualify to use their payment methods. 

The information used is name, address, email address, telephone number, payment history, and ordering information such as payment method, shipping type, order details, and the like.

The use of this information is regulated in accordance with current privacy laws and Klarnas Privacy Policy.

6. DELIVERY

Delivery of the products from the seller to the buyer shall occur in the manner, place, and at the time stated in the ordering section of the online shop.

If the delivery time is not stated in the ordering section, the seller shall deliver the products to the buyer within a reasonable time and no later than 30 days after the order is placed by the customer. 

If the seller is to ensure that the goods are sent to the buyer, he/she is required to have the products dispatched to the destination in an appropriate way and under normal conditions for such transport. The destination is to the buyer unless other, special agreements are made between the parties.

6.1 FEES FOR UNCLAIMED PACKAGES

For all unclaimed packages, the Client will be debited all fees in connection with the shipping and return. We reserve the right to charge the cost of the handling that occurs when a package is not claimed(return shipping, shipping fee, etc.). We charge a fee of 500 NOK if the package is not collected by the customer. 

Refusing to accept a shipped order for any reason, the Client will be debited all fees in connection with the shipping and return. The remaining value of the order will be credited to the Client’s bank account. 

6.2 ORDERS TO CHINA

We are not allowed to send orders above 1000 RMB value to customers in China.

6.3 EXCEPTIONS TO WORLDWIDE SHIPPING

Due to international regulations or special customs handling, we are unfortunately not able to process shipping to these countries through our webshop.

Afghanistan, Algeria, Armenia, Azerbaijan, Bangladesh, Belarus, Brazil, Chile, Costa Rica, Egypt, El Salvador, Georgia, Guatemala, Honduras, India, Indonesia, Iran, Iraq, Kazakhstan, Kuwait, Kyrgyzstan, Lebanon, Libya, Republic of Moldova, Morocco, Nicaragua, Pakistan, Peru, Philippines, Qatar, The Russian Federation, Syria, Tajikistan, Tunisia, Ukraine, Uzbekistan, Vietnam, The Republic of Yemen.

7. GOODS RISK

Product risk becomes the responsibility of the buyer as soon as the item is taken over by the buyer according to the contract. 

If at the time of delivery, the buyer neglects to take over a product that is placed at his/her disposal according to the contract, the buyer nonetheless holds the risk of loss or damage due to the properties of the product itself.

8. RIGHT OF CANCELLATION

The buyer may change his/her mind and use the right of cancellation of the agreement according to the provisions of the Cancellation Act. A right of cancellation means that the buyer may return a product to the seller without reason, even if it does not have any defects and even if it has not yet been delivered.

The buyer must inform the seller that he/she will exercise this right within 14 days after the product, the prescribed information concerning the right, and the cancellation period form has been received. 

If the buyer receives the cancellation period form and the necessary information at a later time than the time of product delivery, the cancellation period will begin on the day that the buyer receives the cancellation period form and information. 

If the buyer has not received sufficient information or a cancellation period form, the cancellation period will expire three months after the product is received. If the buyer has not received any information about the right of cancellation at all, the period will be one year.

For reasons of certification, the information from the buyer to the seller concerning the exercise of the cancellation right should be in writing (cancellation period form, e-mail, fax, or letter), and must contain information on how the buyer will return the products to the seller.

When the cancellation right is exercised, the products must be returned to the seller within a reasonable amount of time. The seller must pay back the entire purchase price of the products within 14 days of the day the seller receives the goods or a note/slip to collect the order, or the products are placed at the seller’s disposal. 

The seller may not set fees for the customer’s use of the cancellation right, although the seller may require that the buyer pay the costs associated with returning the products.

The buyer does not have the right to cancel parts of a purchase if the purchase of this item includes one or several additional items free of cost. In purchases where one or several items are included free of cost, all products on this particular item purchase must be returned to the seller if the right of cancellation is used.

The buyer may check the products before he/she cancels the purchase. However, the products must be deliverable to the seller in approximately the same condition and quantity as it was when the buyer received it. The buyer should return the goods to the seller in its original packaging, if possible. With all labels intact, and without smell or animal hairs. 

The buyer may not cancel purchases of items that deteriorate quickly, items which due to their nature cannot be returned, sound or video recordings (including CDs and DVDs), or computer software on which the seal is broken. The latter exception only applies if the seller has clearly stated the terms for the lapse of the cancellation right on the seal. 

Not returnable at any time: food perishables, lingerie, jewelry, pierced earrings, hair accessories, and any item marked Final Sale.

8.1 COLOR VARIATION

We cannot guarantee that the colors appearing in the Webshop reflect the clothes’ colors in reality. The colors can be reflected in different ways depending on for example your computer or phone screen, graphic card, and computer settings.

9. DEFECT CLAIMS AND TIME LIMIT FOR REPORTING CLAIMS IN THE EVENT OF DELAY

If the product is defective, the buyer must inform the seller within a reasonable amount of time that he/she would like to make a defect claim. The time limit for this may never be less than two months from the time the consumer discovered the defect. 

The claim must, however, be made within two years from the time that the buyer took over the goods. If the product or parts of it are meant to last for a significantly longer period of time, the time limit for the claim will be five years.

In case of delay, a claim must be made to the seller within a reasonable amount of time after the set time of delivery has arrived and the product is not delivered.

If the products are paid for by credit card, the buyer may also choose to send a claim directly to the credit issuer (the credit card company). Depending on the type of product and if this is applicable.

The notice to the seller or credit issuer should be in writing (e-mail or letter).

10. BUYER’S RIGHTS AND REGARDING DELAYS

If the seller does not deliver the products or delivers it later than what was agreed between the parties, and this is not due to the buyer or circumstances on the buyer’s side, the buyer may, according to the regulations listed in Chapter 5 of the Consumer Purchases Act and depending on the circumstances, hold back the payable amount, demand fulfillment, terminate the contract and demand compensation from the seller.

Fulfillment: If the seller does not deliver the goods at the set time of delivery, the buyer may adhere to the purchase and set a reasonable additional time limit for fulfillment by the seller. 

However, the buyer may not demand fulfillment if there is an obstacle to fulfillment which the seller cannot overcome or if fulfillment will involve a disadvantage or cost so great for the seller that it stands in significant disproportion to the buyer’s interest in having the seller fulfill the purchase. If these difficulties cease within a reasonable amount of time, the consumer may require fulfillment.

Termination: The buyer may terminate the contract with the seller if the delay is significant or if the seller does not deliver the products within the additional time limit for fulfillment the buyer has set. However, the buyer may not terminate the contract before the additional time limit is reached unless the seller has stated that he/she will not fulfill within this time limit.

Compensation: Furthermore, the buyer may demand compensation for losses incurred due to delay caused by the seller; cf. Consumer Purchases Act section 24.

The buyer must report any claim to the seller; cf. Point 9 of this contract.

11. BUYER’S RIGHTS REGARDING DEFECTS

If the product is defective and this is not the fault of the buyer or due to conditions on the buyer’s side, the buyer may, according to the regulations of the Consumer Purchases Act, Chapter 6 and depending on the circumstances, withhold the payment, choose between correction and redelivery, demanding a discount, demanding the contract terminated and compensation from the seller.

Correction or redelivery: If the product is defective, the buyer may require that the seller correct the error or redeliver an equivalent product. The seller may object to the buyer’s requirement if the fulfillment of the requirement is impossible or involves unreasonable expenses for the seller.

The seller shall complete the correction or redelivery within a reasonable amount of time. The correction or redelivery shall be done without expense for the buyer, without the risk that the buyer will not have his/her expenses covered, and without significant inconvenience for the buyer. The seller may not attempt correction or redelivery more than twice for the same defect unless there are special reasons making further attempts reasonable.

Even if the buyer claims neither correction nor redelivery, the seller may offer correction or redelivery if this is done without delay. If the seller provides such correction or redelivery, the buyer may not demand a discount or termination of the contract.

Discount: If the defect is not corrected or redelivered, the buyer may demand a proportionate discount.

Termination: Instead of a discount, the buyer may terminate the contract, except in the case of insignificant defects.

Compensation: The buyer may also demand compensation for financial losses suffered as a result of the product defect; cf. Consumer Purchases Act section 33.

The buyer must present any claims to the seller; cf. Point 9 of this contract. The regulations concerning claims apply in addition to and independently of the regulations concerning the cancellation right and any warranties given by the seller.

12. SELLER’S RIGHTS IN CASE OF BUYER’S BREACH OF CONTRACT

If the buyer fails to pay or otherwise fulfill his/her contractual duties, and this is not the fault of the seller or conditions on the seller’s side, the seller may, according to the regulations in Chapter 9 of the Consumer Purchases Act and depending on the circumstances, withhold the product, demand fulfillment of the contract, demand the contract terminated along with compensation from the buyer. 

The seller may also, depending on the circumstances, charge interest in case of delayed payment, a collection fee, and a fee for non-prepaid, uncollected goods.

Fulfillment: If the buyer does not pay, the seller may adhere to the purchase and demand that the buyer pays its cost (fulfillment). If the product is not delivered, the seller will lose his/her right if he/she waits unreasonably long to make the demand.

Termination: Upon significant non-payment breach or any other significant breach by the buyer, the seller may terminate the contract. However, the seller may not terminate the contract after the payment has been made.

The seller may also terminate the purchase if the buyer does not pay within a reasonable additional due date for fulfillment set by the seller. However, the seller may not terminate the purchase before the additional due date, unless the buyer has stated that he/she will not pay.

Compensation: The seller may demand compensation from the buyer for financial losses incurred as a result of a contractual breach from the buyer’s side; cf. Consumer Purchases Act section 46.

Interest relating to delayed payment/collection fee: If the buyer does not pay the amount specified in the contract, the seller may charge interest on the amount, according to the 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 buyer may then be held responsible for fees according to the Act relating to Debt Collection and Other Debt Recovery.

Fees for uncollected, non-prepaid items: If the buyer fails to collect unpaid items, the seller may charge the buyer a fee plus return shipping. The fee shall at maximum cover the seller’s actual expenses in delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age.

13. WARRANTY

Warranties given by the seller or producer gives the buyer additional rights beyond those mandatory rights he/she has by law. Thus, a warranty does not imply any limitation on the buyer’s right to make claims or demands in case of delay or defects according to Points 10 and 11.

14. PERSONAL INFORMATION

Unless the buyer consents otherwise, the seller may only obtain and save whatever personal data is necessary for the seller to complete his/her duties according to the contract. Personal data of buyers under 15 years of age may not be obtained unless the seller has obtained consent from parents or guardians. The buyer’s personal data shall be given to others only if this is necessary for the seller to fulfill the contract with the buyer, or in cases where this is required by law.

The seller may only obtain the buyer’s national identification number if there is an actual need for secure identification and such obtainment is necessary.

If the seller wishes to use the buyer’s personal data for other purposes, such as sending advertisements or information to the buyer beyond what is necessary to fulfill the contract, the seller must obtain consent from the buyer upon the conclusion of the contract. The seller must inform the buyer of how the personal data will be used and who will use it. The buyer’s consent must be voluntary and given actively, e.g. by ticking a box.

It shall be simple for the buyer to contact the seller, for instance by telephone or email, if he/she has questions concerning the seller’s use of personal data or if he/she wishes the seller to delete or change the personal data.

15. CONFLICT RESOLUTION

The parties shall attempt to resolve any disputes amicably. The buyer may contact the Consumer Council of Norway for assistance in cases of dispute with the seller. If an amicable resolution is not attained after mediation by the Consumer Council, the parties may request in writing that the Consumer Council present the dispute to the Consumer Disputes Commission. 

Decisions made by the Consumer Disputes Commission are legally valid for four weeks after pronouncement. Before the decision becomes legally valid, the parties may, by sending a writ of summons to the Consumer Disputes Commission, bring the decision before the District Court.

Last updated 14.12.2020