1. The Agreement

The agreement consists of these sales terms, information provided in the ordering solution, and any specially agreed terms. In the event of any conflict between the information, what has been specially agreed between the parties shall take precedence, provided it does not conflict with mandatory legislation.

The agreement will additionally be supplemented by relevant statutory provisions governing the purchase of goods between commercial entities and consumers.

2. The Parties

The supplier/seller is ESPORT FOR ALLE, Storgata 26 – 1607 Fredrikstad, post@esport4alle.no, Mobile: 97677184 | Web: esport4alle.no, Org. No. 916246013, and is hereinafter referred to as the supplier/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 price the buyer must pay. This price includes all taxes and additional costs. Any additional costs that the seller has not informed the buyer of prior to the purchase shall not be borne by the buyer.

4. Conclusion of the Agreement

The agreement is binding on both parties once the buyer has sent their order to the seller.

However, the agreement is not binding if there have been typing or clerical errors in the offer from the seller in the ordering solution in the online store 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 time it is shipped 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 upon ordering. The card is charged on the same day the item is shipped.

When paying by invoice, the invoice to the buyer is issued upon shipment of the item. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt.

Buyers under the age of 18 cannot pay by subsequent invoice.

6. Delivery

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

If the delivery time is not specified in the ordering solution, the seller shall deliver the item to the buyer without undue delay and no later than 30 days after the order from the customer. The item shall be delivered to the buyer unless otherwise specially agreed between the parties.

7. Risk of the Goods

The risk of the goods passes to the buyer when he, or the buyer's representative, has had the goods delivered in accordance with section 6.

8. Right of Withdrawal

Unless the agreement is exempt from the right of withdrawal, the buyer may cancel the purchase of the item in accordance with the Right of Withdrawal Act.

The buyer must notify the seller of the exercise of the right of withdrawal within 14 days from when the deadline begins to run. All calendar days are included in the deadline. If the deadline ends on a Saturday, Sunday, or public holiday, the deadline is extended to the nearest working day.

The cancellation period is considered observed if the notification is sent before the expiry of the deadline. The buyer bears the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be made in writing (withdrawal form, email, or letter).

The cancellation period begins to run:

  • When purchasing individual items, the cancellation period will run from the day after the item(s) are received.
  • If a subscription is sold, or if the agreement involves regular delivery of identical goods, the deadline runs from the day after the first shipment is received.
  • If the purchase consists of multiple deliveries, the cancellation period will run from the day after the last delivery is received.

The cancellation period is extended to 12 months after the expiry of the original deadline if the seller does not provide information before the conclusion of the agreement that a right of withdrawal and a standardized withdrawal form exist. The same applies in the event of missing information about terms, deadlines, and procedures for exercising the right of withdrawal. If the trader ensures that the information is provided during these 12 months, the cancellation period nevertheless expires 14 days after the day the buyer received 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 from the date notification of the exercise of the right of withdrawal was given. The buyer covers the direct costs of returning the item, unless otherwise agreed or the seller has failed to state that the buyer must cover the return costs. The seller cannot impose a fee for the buyer's use of the right of withdrawal.

The buyer may examine or test the item in a proper manner to establish the nature, characteristics, and function of the item, without forfeiting the right of withdrawal. If examination or testing of the item goes beyond what is reasonable and necessary, the buyer may be held responsible for any diminished value of the item.

The seller is obligated to reimburse the purchase price to the buyer without undue delay, and no later than 14 days from when the seller was notified of the buyer's decision to exercise the right of withdrawal. The seller has the right to withhold payment until he/she has received the goods from the buyer, or until the buyer has provided documentation that the goods have been sent back.

9. Delay and Non-Delivery – Buyers' Rights and Deadline for Submitting Claims

If the seller does not deliver the item or delivers it too late in accordance with the agreement between the parties, and this is not due to the buyer or circumstances on the buyer's part, the buyer may, in accordance with the rules in Chapter 5 of the Consumer Purchases Act, depending on the circumstances, withhold the purchase price, demand performance, cancel the agreement, and/or demand compensation from the seller.

In the event of claims regarding remedies for breach of contract, the notification should be in writing (for example, by email) for evidential reasons.

Performance

The buyer may maintain the purchase and demand performance from the seller. However, the buyer cannot demand performance if there is an obstacle that the seller cannot overcome, or if performance would cause such a great inconvenience or cost to the seller that it is significantly disproportionate to the buyer's interest in the seller's performance. Should the difficulties cease within a reasonable time, the buyer may still demand performance.

The buyer loses their right to demand performance if he or she waits an unreasonably long time to make the claim.

Cancellation

If the seller does not deliver the item at the time of delivery, the buyer shall urge the seller to deliver within a reasonable additional deadline for performance. If the seller does not deliver the item within the additional deadline, the buyer may cancel the purchase.

However, the buyer may cancel the purchase immediately if the seller refuses to deliver the item. The same applies if delivery at the agreed time was decisive for the conclusion of the agreement, or if the buyer has notified the seller that the time of delivery is decisive.

If the item is delivered after the additional deadline set by the consumer or after the delivery time that was decisive for the conclusion of the agreement, any claim for cancellation must be asserted within a reasonable time after the buyer became aware of the delivery.

Compensation

The buyer may claim compensation for any loss suffered as a result of the delay. However, this does not apply if the seller proves that the delay is due to an obstacle beyond the seller's control which could not reasonably have been taken into account at the time of the agreement, avoided, or the consequences of which could not have been overcome.

10. Defect in the Item – Buyer's Rights and Complaint Deadline

If there is a defect in the item, the buyer must notify the seller within a reasonable time after it was discovered or should have been discovered that he or she wishes to invoke the defect. The buyer has always lodged a complaint in time if it is done within 2 months of when the defect was discovered or should have been discovered. Complaints can be made no later than two years after the buyer took possession of the item. If the item or parts of it are intended to last significantly longer than two years, the complaint deadline is five years.

If the item has a defect and this is not due to the buyer or circumstances on the buyer's part, the buyer may, in accordance with the rules in Chapter 6 of the Consumer Purchases Act, depending on the circumstances, withhold the purchase price, choose between repair and replacement, demand a price reduction, demand cancellation of the agreement, and/or demand compensation from the seller.

Complaints to the seller should be made in writing.

Repair or replacement

The buyer may choose between having the defect repaired or receiving a replacement with a corresponding item. The seller may nevertheless object to the buyer's claim if executing the claim is impossible or causes the seller unreasonable costs. Repair or replacement shall be carried out within a reasonable time. As a general rule, the seller is not entitled to make more than two remediation attempts for the same defect.

Price reduction

The buyer may claim an appropriate price reduction if the item is not repaired or replaced. This means that the ratio between the reduced and agreed price corresponds to the ratio between the value of the item in defective and contractually agreed condition. If particular reasons warrant it, the price reduction may instead be set equal to the significance of the defect to the buyer.

Cancellation

If the item is not repaired or replaced, the buyer may also cancel the purchase when the defect is not immaterial.

11. Seller's rights in the event of buyer's default

If the buyer fails to pay or fulfill other obligations under the agreement or law, and this is not due to the seller or circumstances on the seller's part, the seller may, according to the rules in the Norwegian Consumer Purchases Act Chapter 9, depending on the circumstances, withhold the item, demand fulfillment of the agreement, demand the agreement be canceled, and claim compensation from the buyer. Depending on the circumstances, the seller may also claim interest on overdue payment, debt collection fees, and a reasonable fee for uncollected goods.

Performance

The seller may maintain the purchase and demand that the buyer pay the purchase price. If the item has not been delivered, the seller loses this right if they wait an unreasonably long time before submitting the claim.

Cancellation

The seller may cancel the agreement if there is a material payment default or other material breach of contract by the buyer. The seller cannot cancel if the full purchase price has been paid. If the seller sets a reasonable supplementary deadline for fulfillment and the buyer does not pay within this deadline, the seller may cancel the purchase.

Interest on overdue payment / debt collection fee

If the buyer does not pay the purchase price according to the agreement, the seller may claim interest on the purchase price pursuant to the Interest on Overdue Payments Act. In the event of non-payment, the claim may, after prior notification, be sent to debt collection. The buyer may then be held liable 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 at most cover the seller's actual out-of-pocket expenses to deliver the item to the buyer. Such a fee cannot be charged to buyers under 18 years of age.

12. Warranty

A warranty provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory law. A warranty thus implies no limitations on the buyer's right to complain and make claims in the event of delays or defects under sections 9 and 10.

13. Personal data

The data controller for collected personal data is the seller. Unless the buyer consents to something else, the seller may, in accordance with the Personal Data Act, only collect and store personal data that is necessary for the seller to fulfill obligations under the agreement. The buyer's personal data will only be disclosed to others if it is necessary for the seller to carry out the agreement with the buyer, or in statutory cases.

14. Dispute resolution

Complaints should be addressed to the seller within a reasonable time, cf. sections 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is not successful, the buyer may contact the Norwegian Consumer Authority (Forbrukertilsynet) for mediation. The Norwegian Consumer Authority is available by phone at 23 400 600 or at www.forbrukertilsynet.no.

The European Commission's dispute resolution portal can 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 submitted here: http://ec.europa.eu/odr.