Terms & Conditions

General

This purchase is governed by the standard terms and conditions for consumer purchases of goods over the Internet outlined below. Consumer purchases refer here to the sale of goods to a consumer who is not primarily acting as part of a business, and when the seller is engaged in business with the sale of goods over the internet.

Sales to consumers are, among other things, regulated by the Consumer Purchases Act and the Right of Withdrawal Act.


THE AGREEMENT

The agreement between the buyer and seller consists of the information the seller provides about the purchase in the ordering solution on the online store (including information about the nature of the product, quantity, quality, other characteristics, price, and delivery terms), any direct correspondence between the parties (such as email), and these terms and conditions.

In case of any conflict between the information the seller has provided about the purchase in the ordering solution on the online store, direct correspondence between the parties, and the terms of the sales conditions, direct correspondence between the parties and the information provided in the ordering solution shall take precedence over the sales conditions, provided it does not conflict with binding legislation.


PARTIES

Seller

Company Name: Dia Dia Norge AS
Contact Address: Tollbugata 70, 3044 Drammen
Email: kundeservice@missmaya.no
Phone: 40297688
Organization Number: 914833795

The buyer is the person placing the order.


PRICES

The prices listed in the online store include value-added tax (VAT) unless the buyer chooses to view prices excluding VAT or is registered as a user from a country outside Norway. Information about the total costs the buyer will pay, including all taxes (VAT, customs, etc.) and delivery costs (shipping, postage, invoice fees, packaging, etc.), as well as a breakdown of the individual elements in the total price, is provided in the ordering solution before the order is placed. (Goods delivered to foreign countries, Svalbard, or Jan Mayen are sold without the addition of value-added tax.)


CONCLUSION OF AGREEMENT

The agreement is binding for both parties when the buyer's order has been received by the seller. However, a party is not bound by the agreement if there have been typographical or clerical errors in the seller's offer in the ordering solution on the online store or in the buyer's order, and the other party was aware of or should have been aware of such an error.


ORDER CONFIRMATION

You will receive an order confirmation via email immediately after the purchase is completed. It is recommended that the buyer verifies that the order confirmation corresponds to the order in terms of quantity, type of goods, price, etc. If there is a discrepancy between the order and the order confirmation, the buyer should contact the seller as soon as possible.


PAYMENT

The seller can request payment for the goods from the moment they are dispatched from the seller to the buyer. If the buyer uses a credit card or debit card for payment, the seller may reserve the purchase amount on the card when the order is placed.

A credit card is a payment card where the settlement for the purchase occurs afterward, with the credit provider (credit card company) sending the cardholder an invoice demanding payment. A debit card is a payment card linked to a deposit account. Using the card results in a charge to the user's account, and the amount is transferred to the payee's account.

When paying with a credit card, the law on credit purchases, etc., will be applicable.


DELIVERY

The delivery of the goods from the seller to the buyer occurs in the manner, at the place, and at the time specified in the ordering solution on the online store. If the delivery time is not specified in the ordering solution or the email accompanying the order confirmation, the seller shall deliver the goods to the buyer within a reasonable time and no later than 30 days after the customer's order. If the seller is responsible for having the goods sent to the buyer, he is obligated to have the goods transported to the destination in an appropriate manner and under ordinary conditions for such transport. The destination is with the buyer unless otherwise specifically agreed between the parties.


RISK OF THE GOODS

The risk of the goods passes to the buyer when the item is taken over by the buyer in accordance with the agreement. If the delivery time has come, and the buyer fails to take over an item made available to them according to the agreement, the buyer still bears the risk of loss or damage resulting from the characteristics of the item itself.


RIGHT OF WITHDRAWAL

The buyer has the right to withdraw from the purchase of the goods in accordance with the provisions of the right of withdrawal. The right of withdrawal means that the buyer can return the goods to the seller without reason, even if there is no defect in the item, and even if it has not been delivered. The buyer must notify the seller of the use of the right of withdrawal within 14 days after receiving the goods, the prescribed information about the right of withdrawal, and the withdrawal form.

If the buyer receives the withdrawal form and the necessary information at a later time than the delivery of the goods, the withdrawal period begins on the day the buyer receives the withdrawal form and information. If the buyer has not received sufficient information or the withdrawal form, the withdrawal period will still expire 3 months after receiving the goods. If the buyer has not received any information about the right of withdrawal at all, the deadline will be 1 year.

The message from the buyer to the seller about the use of the right of withdrawal should, for evidential purposes, be in writing (withdrawal form, email, fax, or letter), and it must contain information on how the buyer will return the goods to the seller.

The buyer must, without undue delay and no later than 14 days from the notification of the right of withdrawal, return the goods or hand them over to the seller if the seller has not offered to collect the goods.

If the buyer has expressly chosen a different type of delivery than the standard delivery offered by the seller, the seller shall not pay the additional costs associated with this.

Repayment shall be made without undue delay and no later than 14 days from when the seller received notification of the buyer's decision to use the right of withdrawal. Unless expressly agreed otherwise with the buyer, the repayment shall be made using the same payment method that the buyer used. The buyer shall not pay any fees as a result of the repayment.

The seller may withhold repayment until the goods are received or until the buyer has provided documentation that the goods have been returned. This does not apply when the seller has offered to collect the goods.

The buyer must bear the cost of returning the goods if the right of withdrawal is used.

The buyer can examine the product before deciding to withdraw the purchase. However, the item must still be returned to the seller in approximately the same condition and quantity as when the buyer received it. The seller may demand that the consumer compensate for the decrease in value resulting from the buyer's handling of the goods, which was not necessary to determine the nature, characteristics, and function of the goods.

The buyer should return the goods to the seller in the original packaging if possible. The buyer cannot withdraw from the purchase of goods that deteriorate rapidly, goods that, for reasons of health or hygiene, are not suitable for return, or audio and video recordings (including CDs, DVDs) or computer programs where the seal has been broken.


EXAMINATION OF THE GOODS

Upon receiving the goods, it is recommended that the buyer, to a reasonable extent, examines whether it conforms to the order, has been damaged during transportation, or otherwise has defects. If the goods do not conform to the order or have defects, the buyer must notify the seller of the complaint according to the contract's section on "Complaints for Deficiency and Deadline for Reporting Claims for Delay."


COMPLAINTS FOR DEFICIENCY AND DEADLINE FOR REPORTING CLAIMS FOR DELAY

If there is a deficiency in the goods, the buyer must notify the seller within a reasonable time after discovering it that they will invoke the deficiency. The deadline can never be shorter than two months from the time when the consumer discovered the deficiency.

However, a complaint must 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, the complaint deadline is five years. In the case of delay, claims must be directed to the seller within a reasonable time after the delivery time has come and the goods have not been delivered. If the goods are paid for with a credit card, the buyer can also choose to complain and send the claim directly to the credit provider (credit card company). The message to the seller or credit provider should be in writing (email, fax, or letter).


BUYER'S RIGHTS IN CASE OF DELAY

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, in accordance with the rules in Chapter 5 of the Consumer Purchase Act, may, under the circumstances, withhold the purchase amount, demand performance, cancel the agreement, and claim compensation from the seller.

Performance: If the seller does not deliver the goods on the delivery date, the buyer can uphold the purchase and set a reasonable additional deadline for performance from the seller. However, the buyer cannot demand performance if there is an obstacle that the seller cannot overcome, or if performance would result in such a significant inconvenience or cost for the seller that it is in substantial disproportion to the buyer's interest in the seller fulfilling the agreement. If the obstacles disappear within a reasonable time, the consumer can demand performance.

Cancellation: The buyer can cancel the agreement with the seller if the delay is substantial or if the seller does not deliver the goods within the additional deadline for performance set by the buyer. However, the buyer cannot cancel the agreement while the additional deadline is running unless the seller has stated that they will not fulfill within the deadline.

Compensation: The buyer can also claim compensation for the loss they suffer due to the delay on the part of the seller, according to § 24 of the Consumer Purchase Act.

The buyer must report claims to the seller through a complaint, as outlined in this contract's section on "Complaints for Deficiency and Deadline for Reporting Claims for Delay."


BUYER'S RIGHTS IN CASE OF DEFICIENCY

If the goods have a deficiency, and this is not due to the buyer or circumstances on the buyer's side, the buyer, in accordance with the rules in Chapter 6 of the Consumer Purchase Act, may, under the circumstances, withhold the purchase amount, choose between rectification and redelivery, demand a price reduction, cancel the agreement, and claim compensation from the seller.

Rectification or Redelivery: If the goods have a deficiency, the buyer can demand that the seller rectify the deficiency or deliver a corresponding item. The seller can oppose the buyer's demand if the implementation of the demand is impossible or causes the seller unreasonable costs.

The seller must carry out rectification or redelivery within a reasonable time. Rectification or redelivery must be made at no cost to the buyer, without the risk of the buyer not being reimbursed for their expenses, and without significant inconvenience to the buyer. The seller cannot attempt rectification or redelivery for the same deficiency more than twice, unless there are special reasons that make further attempts reasonable.

Even if the buyer does not demand rectification or redelivery, the seller can offer rectification or redelivery if this occurs without delay. If the seller provides such rectification or redelivery, the buyer cannot demand a price reduction or cancellation.

Price Reduction: If the deficiency is not rectified or redelivered, the buyer can demand a proportionate price reduction.

Cancellation: Instead of a price reduction, the buyer can cancel the agreement, except when the deficiency is insignificant.

Compensation: The buyer can also claim compensation for economic loss suffered as a result of the goods having a deficiency, according to § 33 of the Consumer Purchase Act.

The buyer must report claims to the seller through a complaint, as outlined in this contract's section on "Complaints for Deficiency and Deadline for Reporting Claims for Delay." The rules about complaints apply in addition to, and independently of, the rules about the right of withdrawal and any warranties provided by the seller.


SELLER'S RIGHTS IN CASE OF BUYER'S BREACH OF CONTRACT

If the buyer does not pay or fulfill the other obligations under the agreement, and this is not due to the seller or circumstances on the seller's side, the seller, in accordance with the rules in Chapter 9 of the Consumer Purchase Act, may, under the circumstances, withhold the goods, demand performance of the agreement, cancel the agreement, and claim compensation from the buyer. The seller may also, under the circumstances, be able to demand interest for delayed payment, collection fees, and fees for non-prepaid uncollected goods.

Performance: If the buyer does not pay, the seller can uphold the purchase and demand that the buyer pays the purchase amount (performance). If the goods have not been delivered, the seller loses this right if they wait unreasonably long to assert the claim.

Cancellation: In the case of substantial payment default or other substantial breach of contract by the buyer, the seller can cancel the agreement. However, the seller cannot cancel after the purchase amount has been paid.

The seller can also cancel the purchase if the buyer does not pay within a reasonable additional deadline for performance set by the seller. However, the seller cannot cancel while the additional deadline is running unless the buyer has stated that they will not pay.

Compensation: The seller can claim compensation from the buyer for economic loss suffered as a result of the buyer's breach of contract, according to § 46 of the Consumer Purchase Act.

Interest for delayed payment/Collection fees: If the buyer does not pay the purchase amount according to the agreement, the seller can demand interest on the purchase amount according to the Act on Interest on Late Payments. In the case of non-payment, the claim, after prior notice, may be sent to collection, and the buyer may then be held responsible for fees according to the Debt Collection Act.

Fee for non-prepaid uncollected goods: If the buyer fails to collect unpaid goods, the seller can charge the buyer a fee of NOK 500 + shipping round trip. The fee should cover the seller's actual expenses for delivering the goods to the buyer at most. Such a fee cannot be charged to buyers under 18 years old.


WARRANTY

Any warranty provided by the seller or manufacturer grants the buyer additional rights beyond those the buyer already has according to mandatory legislation. A warranty, therefore, does not limit the buyer's rights to complaints and claims for delay or deficiencies as outlined in the sections "Buyer's Rights in Case of Delay" and "Buyer's Rights in Case of Deficiency."

PERSONAL INFORMATION

Unless the buyer consents to something else, the seller can only collect and store the personal information necessary for the seller to fulfill their obligations under the agreement. The personal information of a buyer under 15 years old cannot be collected unless the seller has consent from parents or legal guardians. The buyer's personal information should only be disclosed to others if it is necessary for the seller to fulfill the agreement with the buyer or in cases mandated by law. The seller can only collect the buyer's social security number if there is a legitimate need for secure identification, and such collection is necessary.

If the seller wishes to use the buyer's personal information for other purposes, such as sending the buyer advertisements or information beyond what is necessary to fulfill the agreement, the seller must obtain the buyer's consent at the time of the agreement. The seller must provide the buyer with information about how the personal information will be used and who will use it. The buyer's consent must be voluntary and given through an active action, such as checking a box.

The buyer should be able to easily contact the seller, for example, by phone or email if they have questions about the seller's use of personal information or if they want the seller to delete or modify their personal information.


COOKIES

Our online store contains so-called cookies. You can browse the online store without cookies, but you cannot make purchases. We use cookies to manage the contents of your shopping cart. It is a text file that is stored on your computer. We also store information about whether you have chosen to view category pages with or without images. If your web browser or firewall is set to prevent the storage of cookies, the website may cease to function, or you may experience difficulties in completing a purchase.


KONFLICT RESOLUTION

The parties shall attempt to resolve any disputes amicably. The buyer can contact the Consumer Council for assistance in any dispute with the seller. If an amicable resolution is not achieved after mediation by the Consumer Council, the parties may, in writing, request that the Consumer Council submit the dispute to the Consumer Dispute Board. The decision of the Consumer Dispute Board is legally binding four weeks after being served. Before the decision becomes legally binding, the parties can, by submitting a summons to the Consumer Dispute Board, bring the decision before the district court.

Note: Refers to the Consumer Dispute Act of March 1, 2017 (Lov om Forbrukerklageutvalget).

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