1. The Agreement
The agreement consists of these terms of sale, the information provided in the order system, and any specially agreed terms. In the event of a conflict between the information, what has been specially agreed between the parties will take precedence, provided it does not violate mandatory legislation.
The agreement will also be supplemented by relevant legal provisions regulating the purchase of goods between businesses and consumers.
2. The Parties
The seller is The LCHF Academy, and is referred to hereafter as the seller.
The buyer is the consumer who places the order and is referred to hereafter as the buyer.
3. Price
The price listed for the goods and services is the total price the buyer will pay. This price includes all taxes and additional costs. Any additional costs that the seller has not informed the buyer of before the purchase will not be borne by the buyer.
4. Conclusion of the Agreement
The agreement is binding for both parties once the buyer has sent their order to the seller.
However, the agreement is not binding if there has been a typographical or clerical error in the offer from the seller in the ordering system 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 require payment for the goods from the time 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 at the time of ordering. The card will be charged on the same day the goods are shipped.
6. Delivery
Delivery is considered to have taken place when the buyer, or their representative, has taken possession of the item.
If no delivery time is specified in the ordering system, the seller must deliver the goods to the buyer without undue delay and no later than 30 days after the customer’s order. The goods must be delivered to the buyer unless otherwise specifically agreed between the parties.
7. Risk for 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 cancel the purchase of the goods in accordance with the Right of Withdrawal Act.
The buyer must notify the seller of their intention to use the right of withdrawal within 14 days from the start of the withdrawal period. The period includes all calendar days. If the deadline falls on a Saturday, public holiday, or other non-working day, it is extended to the next working day.
The withdrawal deadline is considered met if the notice is sent before the expiration of the deadline. The buyer bears the burden of proof that the right of withdrawal has been exercised, so the notice should preferably be in writing (withdrawal form, email, or letter).
The withdrawal period starts:
– For a single purchase, the withdrawal period begins the day after the item(s) is received.
– For a subscription or agreement involving regular deliveries of identical items, the period starts the day after the first shipment is received.
– For purchases consisting of multiple deliveries, the withdrawal period starts the day after the last delivery is received.
The withdrawal period is extended to 12 months after the expiration of the original period if the seller did not inform the buyer about the right of withdrawal and the standardized withdrawal form before the agreement was concluded. The same applies if the seller fails to provide information about the conditions, time limits, and procedure for exercising the right of withdrawal. If the business provides the required information within these 12 months, the withdrawal period expires 14 days after the buyer received the information.
When exercising the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days after notice of withdrawal has been given. The buyer covers the direct costs of returning the goods unless otherwise agreed or unless the seller has failed to inform the buyer that the buyer must cover the return costs. The seller may not charge a fee for the buyer’s use of the right of withdrawal.
The buyer may inspect or test the goods in a responsible manner to determine their nature, properties, and functionality without losing the right of withdrawal. If the inspection or testing of the goods exceeds what is necessary, the buyer may be liable for any reduction in the value of the goods.
The seller is obligated to refund the purchase price to the buyer without undue delay, and no later than 14 days from when the seller received notice of the buyer’s decision to exercise the right of withdrawal. The seller has the right to withhold the refund until the goods are received from the buyer, or until the buyer has provided proof that the goods have been returned.
9. Delays and Non-Delivery – Buyer’s Rights and Deadlines for Claims
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 may, according to the rules in Chapter 5 of the Consumer Purchases Act, withhold payment, demand fulfillment, cancel the agreement, and/or claim compensation from the seller.
For claims regarding breaches, the notice should, for evidentiary purposes, be in writing (e.g., email).
Fulfillment
The buyer may insist on completing the purchase and demand that the seller fulfill the agreement. However, the buyer cannot demand fulfillment if there is an obstacle the seller cannot overcome, or if fulfillment would cause such a significant inconvenience or cost to the seller that it would be disproportionately burdensome compared to the buyer’s interest in the seller fulfilling the agreement. If the difficulties disappear within a reasonable time, the buyer may still demand fulfillment.
The buyer loses the right to demand fulfillment if they wait an unreasonable amount of time to make the claim.
Cancellation
If the seller does not deliver the goods by the delivery date, the buyer must encourage the seller to deliver within a reasonable additional period. If the seller does not deliver the goods within the additional period, the buyer may cancel the purchase.
The buyer may, however, cancel the purchase immediately if the seller refuses to deliver the goods. The same applies if delivery at the agreed time was crucial for the agreement, or if the buyer informed the seller that the delivery date was crucial.
If the goods are delivered after the additional period set by the consumer or after the delivery date that was crucial for the agreement, a claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.
Compensation
The buyer may claim compensation for losses resulting from the delay. However, this does not apply if the seller can prove that the delay was due to circumstances beyond the seller’s control, which could not reasonably have been anticipated at the time of the agreement, avoided, or overcome.
10. Defects in the Goods – Buyer’s Rights and Complaint Deadlines
If there is a defect in the goods, the buyer must, within a reasonable time after discovering or should have discovered the defect, notify the seller that they wish to invoke the defect. The buyer has always acted in time if the notice is given within 2 months of discovering or should have discovered the defect. The complaint must be made no later than two years after the buyer took possession of the goods. If the goods or parts of them are intended to last significantly longer than two years, the complaint period is five years.
If the goods have a defect and this is not due to the buyer or circumstances on the buyer’s side, the buyer may, according to the rules in Chapter 6 of the Consumer Purchases Act, withhold payment, choose between repair and replacement, demand a price reduction, cancel the agreement, and/or claim compensation from the seller.
Complaints to the seller should be made in writing.
Repair or Replacement
The buyer may choose to demand the defect to be repaired or demand the delivery of an equivalent item. However, the seller may oppose the buyer’s claim if fulfilling the claim is impossible or would result in unreasonable costs for the seller. Repairs or replacements must be carried out within a reasonable time. The seller is generally not entitled to make more than two attempts at rectification for the same defect.
Price Reduction
The buyer may demand an appropriate price reduction if the goods are not repaired or replaced. This means that the relationship between the reduced and agreed price corresponds to the relationship between the item’s value in defective and contractual condition. If there are special reasons, the price reduction may instead be set equal to the significance of the defect for the buyer.
Cancellation
If the goods are not repaired or replaced, the buyer may also cancel the purchase when the defect is not insignificant.
11. Seller’s Rights in the Event of Buyer’s Breach
If the buyer does not pay or fulfill the other obligations under the agreement or the law, and this is not due to the seller or circumstances on the seller’s side, the seller may, according to the rules in Chapter 9 of the Consumer Purchases Act, withhold the goods, demand fulfillment of the agreement, cancel the agreement, and claim compensation from the buyer. Depending on the circumstances, the seller may also claim interest on late payment, collection fees, and a reasonable fee for uncollected goods.
Fulfillment
The seller may uphold the purchase and demand that the buyer pay the purchase price. If the goods have not been delivered, the seller loses the right if they wait an unreasonable amount of time to make the claim.
Cancellation
The seller may cancel the agreement if there is significant non-payment or other substantial breach by the buyer. However, the seller cannot cancel if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for fulfillment and the buyer does not pay within this period, the seller may cancel the purchase.
Interest on Late Payment/Collection Fees
If the buyer does not pay the purchase price according to the agreement, the seller may charge interest on the purchase price according to the Late Payment Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to collection. The buyer may then be held responsible for fees under the Debt Collection Act.
Fee for Uncollected Non-Prepaid Goods
If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee shall only cover the seller’s actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under the age of 18.
12. Guarantee
Any guarantee provided by the seller or the manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A guarantee does not limit the buyer’s right to complain and make claims for delay or defects according to sections 9 and 10.
13. Personal Data
The seller is responsible for processing the personal data collected. Unless the buyer consents to something else, the seller may, in accordance with the Personal Data Act, only collect and store the personal data necessary for the seller to fulfill the obligations under the agreement. The buyer’s personal data will only be disclosed to others if it is necessary for the seller to fulfill the agreement with the buyer, or if required by law.
14. Dispute Resolution
Complaints should be directed to the seller within a reasonable time, cf. sections 9 and 10. The parties should attempt to resolve any disputes amicably. If this is unsuccessful, the buyer may contact the Consumer Council for mediation. The Consumer Council is available by phone at 23 400 500 or www.forbrukerradet.no.
The European Commission’s complaint portal may also be used if you wish to file a complaint. This is particularly relevant if you are a consumer residing in another EU country. The complaint can be filed here: http://ec.europa.eu/odr