1. Agreement

The agreement consists of these sales terms, information provided in the ordering system, and any specially agreed terms. In case of any contradiction between the information, the terms specially agreed upon by the parties shall prevail, provided they do not conflict with mandatory legislation.

The agreement will also be supplemented by relevant legal provisions regulating the purchase of goods between businesses and consumers.

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2. Parties

The seller is Mathilde Myklebust, Loco-Motion, and is referred to as the seller in the following.
Business address: Vøyen terrasse 31, 1384 Akser, Norway. Email: mathilde.myklebust@gmail.com. Mobile: 45670298
Organization number: 928 790 223

The buyer is the consumer who places the order and is referred to as the buyer in the following.

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3. Price

The stated price for goods and services is the total amount the buyer must pay. This price includes all taxes and additional costs. Additional costs that the seller has not informed the buyer about before the purchase shall not be borne by the buyer.

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4. Conclusion of Agreement

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

The agreement is, however, not binding if there have been typographical or input errors in the seller’s offer in the ordering system or in the buyer’s order, and the other party realized or should have realized that there was such an error.

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To ensure smooth scheduling and allow other customers to use our private sessions, we request that any cancellations be made as early as possible. Please note that cancellations made less than 24 hours before the agreed time will be charged in full. We appreciate your understanding of the need for timely cancellations and your cooperation in maintaining an efficient schedule for our services.

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5. Payments

The seller may require payment for the goods from the moment they are sent from the seller to the buyer.

If the buyer uses a credit 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.

For payment by invoice, the invoice will be issued to the buyer upon dispatch of the goods. The payment term is stated on the invoice and is a minimum of 14 days from receipt.

Buyers under 18 years old may not pay by invoice.

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6. Delivery

Delivery is deemed to have occurred when the buyer, or their representative, has taken possession of the goods or when the service has been provided.

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

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7. Risk of the Goods

The risk for the goods passes to the buyer when they, or the buyer’s representative, have received the goods in accordance with point 6.

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8. Right of Withdrawal

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

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The buyer must notify the seller of their intention to use the right of withdrawal within 14 days from the commencement of the period. The period includes all calendar days. If the period ends on a Saturday, public holiday, or holiday, the period is extended to the nearest working day.

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

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The withdrawal period starts running: For the purchase of individual goods, the withdrawal period runs from the day after the goods are received. If a subscription is sold, or the agreement involves regular delivery of identical goods, the period runs from the day after the first shipment is received.

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If the purchase consists of multiple deliveries, the withdrawal period runs from the day after the last delivery is received.

The withdrawal period is extended to 12 months after the original period has expired if the seller did not inform about the right of withdrawal and standardized withdrawal form before the conclusion of the agreement. The same applies if the seller did not provide information about the terms, deadlines, and procedures for exercising the right of withdrawal. If the seller provides the information within these 12 months, the withdrawal period still expires 14 days after the day 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 from the notification of the right of withdrawal. The buyer bears the direct costs of returning the goods, unless otherwise agreed or the seller has failed to inform 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.

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The buyer may try or test the goods in a manner that is necessary to determine the nature, characteristics, and function of the goods, without the right of withdrawal being lost. If the testing or trial of the goods exceeds what is reasonable and necessary, the buyer may be liable for any reduction in the value of the goods.

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The seller is obliged to refund the purchase amount to the buyer without undue delay and no later than 14 days from the seller receiving the buyer's notification of the decision to use the right of withdrawal. The seller has the right to withhold the payment until they have received the goods from the buyer or until the buyer has provided proof that the goods have been returned.

 

9. Delay and Non-Delivery - Buyer’s Rights and Deadline for Claims

If the seller does not deliver the goods or delivers them late according to the agreement between the parties, and this is not due to the buyer or circumstances on the buyer’s side, the buyer may, in accordance with the rules in Chapter 5 of the Consumer Purchases Act, depending on the circumstances, withhold the purchase amount, demand performance, terminate the agreement, and/or claim compensation from the seller.

In case of claims for breach of contract, the notification should be in writing (e.g., email) for evidentiary purposes.

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Performance

The buyer can insist on 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 the seller unreasonable inconvenience or cost that is significantly disproportionate to the buyer's interest in performance. If the difficulties are removed within a reasonable time, the buyer can still demand performance.

The buyer loses their right to demand performance if they wait an unreasonable time to make the claim.

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Termination

If the seller does not deliver the goods at the time of delivery, the buyer should urge the seller to deliver within a reasonable additional period for performance. If the seller does not deliver within the additional period, the buyer can terminate the purchase.

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The buyer can, however, terminate the purchase immediately if the seller refuses to deliver the goods. The same applies if timely delivery was crucial for the conclusion of the agreement, or if the buyer has informed the seller that the delivery time is crucial.

If the goods are delivered after the additional period set by the consumer or after the delivery time that was crucial for the conclusion of the agreement, the claim for termination must be made within a reasonable time after the buyer became aware of the delivery.

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Compensation

The buyer can claim compensation for losses suffered due to the delay. However, this does not apply if the seller proves that the delay is due to an obstacle beyond the seller’s control that could not reasonably have been considered at the time of the agreement, avoided, or overcome.

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10. Defects in the Goods - Buyer’s Rights and Complaints Period

If there is a defect in the goods, the buyer must notify the seller within a reasonable time after discovering or being expected to discover the defect. The buyer is always considered to have complained in time if it is done within 2 months from when the defect was discovered or should have been discovered. Complaints can be made up to two years after the buyer took possession of the goods. If the goods or parts of them are meant 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, in accordance with Chapter 6 of the Consumer Purchases Act, depending on the circumstances, withhold the purchase amount, choose between repair and replacement, claim a price reduction, demand termination of the agreement, and/or claim compensation from the seller.

Complaints to the seller should be in writing.

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Repair or Replacement

The buyer can choose between having the defect repaired or receiving a replacement item. However, the seller may oppose the buyer’s demand if fulfilling the demand is impossible or causes unreasonable costs for the seller. Repair or replacement should be done within a reasonable time. The seller does not have the right to make more than two attempts to remedy the same defect.

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Price Reduction

The buyer can demand a suitable price reduction if the goods are not repaired or replaced. This means that the proportion between the reduced and agreed price corresponds to the proportion between the value of the goods in defective and contractually compliant condition. If special reasons justify it, the price reduction can instead reflect the significance of the defect to the buyer.

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Termination

If the goods are not repaired or replaced, the buyer can also terminate the purchase when the defect is not insignificant.

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

If the buyer fails to pay or fulfill other obligations under the agreement or by law, and this is not due to the seller or circumstances on the seller’s side, the seller may, in accordance with the rules in Chapter 9 of the Consumer Purchase Act, under the circumstances:

• Withhold the goods

• Demand performance of the agreement

• Terminate the agreement

• Seek compensation from the buyer

The seller may also, under certain circumstances, claim interest for late payment, collection fees, and a reasonable fee for unclaimed goods.

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Performance

The seller may insist on the purchase and demand that the buyer pay the purchase price. If the goods are not delivered, the seller loses the right to insist on the purchase if they wait an unreasonable amount of time to assert the claim.

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Termination

The seller may terminate the agreement if there is significant payment default or other substantial breach by the buyer. However, the seller cannot terminate the agreement if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for performance and the buyer does not pay within this period, the seller may terminate the purchase.

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Interest on Late Payment/Collection Fees

If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price according to the Late Payment Act. In case of non-payment, the claim, after prior notice, may be sent to collection. The buyer may then be held responsible for fees under the Collection Act.

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Fee for Unclaimed Non-Prepaid Goods

If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee must cover the seller’s actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years old.

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12. Warranty

Any warranty provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A warranty thus does not limit the buyer’s rights to claim for delay or defects as per sections 9 and 10.

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13. Personal Data

The data controller for collected personal data is the seller. Unless the buyer consents otherwise, the seller may, according to the Personal Data Act, only collect and store the personal data necessary for the seller to fulfill obligations under the agreement. The buyer’s personal data will only be disclosed to others if necessary for the seller to carry out the agreement with the buyer or in legally required cases.

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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 fails, the buyer may contact the Consumer Authority for mediation. The Consumer Authority can be reached at 23 400 600 or www.forbrukertilsynet.no.

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The European Commission’s Online Dispute Resolution platform can also be used if you wish to file a complaint, especially if you are a consumer residing in another EU country. The complaint can be submitted here: http://ec.europa.eu/odr.

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