Terms and conditions for Businesses:
1. General
These sales and delivery terms regulate the relationship between Proffteiner AS (“Proffteiner”) and the Customer. The Customer has understood and accepted these terms before submitting an order. Unless otherwise specified in these sales and delivery terms, the provisions of the Sale of Goods Act apply.
2. Ordering and Agreement Binding
Ordering of crab pots (hereafter “the Product”) occurs when the Customer submits an order form to Proffteiner. The order is binding for the Customer once it has been received by Proffteiner. Any changes to the order require a separate agreement. After the Customer submits an order form, Proffteiner will issue an order confirmation.
The Customer is responsible for checking the order confirmation. If there are discrepancies between the Customer’s order and Proffteiner’s order confirmation, the Customer must immediately after receipt, and no later than within two business days, report the discrepancy to Proffteiner. Proffteiner is not liable if the delivery conforms to an order confirmation that deviates from the order, if the Customer has not reported the discrepancy within the aforementioned deadline.
3. Delivery
3.1 Delivery Terms – Transfer of Risk Delivery occurs DAP, according to Incoterms 2020. This means that Proffteiner bears the risk for the Product until it is delivered to the delivery address as specified in the order form. However, the Customer bears all costs associated with the shipment of the Product (such as freight costs, possible customs duties, etc.), which are in addition to the purchase price. The Customer assumes the risk for the Product from the time of delivery at the specified delivery location.
3.2 Delayed Delivery If Proffteiner cannot deliver the Product at the agreed time, the Customer will be immediately informed about the delay and the new delivery time. If the Customer accepts the delay, the new delivery time will apply.
Proffteiner is not liable for delays caused by force majeure or other circumstances beyond Proffteiner’s control, including delays due to sub-suppliers.
4. Defects
4.1 Basis for Defects There is a defect if the Product does not conform to what has been agreed between the parties.
4.2 Receipt Inspection and Complaint The Customer is obligated to inspect the Product immediately upon delivery, see section 3.1. If the Customer discovers defects in the Product, the Customer must immediately file a written complaint to Proffteiner.
For defects that become apparent after the receipt inspection, the Customer must file a written complaint to Proffteiner within two (2) weeks after the Customer discovered or should have discovered the defect. The message must contain a description of the defect or how it appears. If such notice is not sent within the mentioned deadline, the Customer loses their right to make a claim.
Proffteiner is not responsible for defects caused by materials provided by the Customer, or for constructions and technical solutions prescribed or specified by the Customer. Proffteiner is not responsible for defects due to incorrect use and assembly or errors due to insufficient maintenance of the Product.
Proffteiner’s liability for defects ceases if the Customer has made adjustments to the Product, or carried out repairs incorrectly. The liability for defects does not cover normal wear and tear, or damage and wear caused by extreme loads on the Product. Proffteiner’s liability for the Product or elements in the Product supplied by Proffteiner’s sub-suppliers is limited to the liability Proffteiner can enforce against its sub-suppliers.
Proffteiner’s liability only covers defects that are claimed within one (1) year from the day the Product was delivered to the Customer. If the Product has been used more intensively than normal, the one-year period is shortened accordingly to the increased usage.
If a complaint correction has been made, a new one (1) year warranty period applies for the part of the Product that has been corrected. For the rest of the Product, the one (1) year period is extended by the time the Customer could not use the Product due to the complaint work.
If the Customer has complained, and it turns out during the complaint work that the Product is not defective, Proffteiner has the right to compensation for the costs Proffteiner has incurred due to the incorrect complaint.
4.3 Defect Rights Proffteiner’s liability for defects is limited to re-delivery, price reduction, and repair. Proffteiner may choose to perform re-delivery or offer a price reduction in cases where the Customer desires repair. Defects do not give the right to cancellation or compensation.
5. Liability for Damages
Proffteiner’s financial liability to the Customer for losses that may arise from errors and defects in the Product is, without exception, limited upwards to 7.5% of the agreed purchase sum.
6. Payment
6.1 Prices The Product is delivered according to Proffteiner’s current price list at anytime. The purchase price in the order form is stated excluding VAT and shipping costs, see section 3.1.
6.2 Late Payment Payment is made in advance. An invoice is issued simultaneously with the order confirmation and is due for payment after eight (8) days. If the payment deadline is exceeded, the Customer is obliged to pay the applicable late payment interest from the due date until payment is made. Proffteiner has the right to withhold the Product until payment is made.
7. Retention of Title
Proffteiner retains title to the delivered Products until the purchase sum, including interest and costs, is fully paid. The Customer is not entitled to resell Products encumbered with a retention of title.
8. Use
The Customer is responsible for complying with all relevant laws and regulations related to crab fishing in the area where the Product will be used. Proffteiner is not liable for damage or loss resulting from the Customer’s use of the Product. Proffteiner is also not liable in cases where the Customer does not achieve the results presented in the marketing of the Product.
9. Disputes
All disputes arising from this agreement shall be settled according to Norwegian law. Disputes shall be attempted resolved amicably before a party takes legal steps. The parties have agreed that Trøndelag District Court, with legal venue in Namsos, shall be the legal venue.
Terms and Conditions of Sale for Private Consumers
Generally
This purchase is governed by the below standard terms and conditions of sale for consumer purchases of goods over the Internet. In this context, consumer purchases refer to the sale of goods to consumers who are not primarily acting as part of a commercial activity, and when the seller is engaged in commercial activity with the sale of goods over the internet.
Sales to consumers are regulated in the Consumer Purchase Act and the Right of Withdrawal Act, among other things.
Agreement
The agreement between the buyer and the seller consists of the information the seller provides about the purchase in the ordering solution in the online store (including, among other things, information about the nature, quantity, quality, other characteristics, price and delivery terms of the product), any direct correspondence between the parties (e.g. e-mail) and these terms and conditions of sale.
In the event of a conflict between the information provided by the Seller about the purchase in the Ordering Solution in the Webshop, direct correspondence between the parties and the terms of the Terms of Sale, direct correspondence between the Parties and the information provided in the Ordering Solution takes precedence over the Terms of Sale, unless it conflicts with binding legislation.
Parties
Salesman
Company name: Proffteiner AS
Contact address: Fjordgata 8, 7900 Rørvik
E-mail: post@proffteiner.no
Phone: 74 39 39
39 Organization no.: 828881922MVA
The buyer is the person who makes the order.
Prices
The prices, which are stated in the online store, include VAT unless the buyer chooses to display prices without VAT or is registered as a user from a country outside Norway. Information about the total costs the buyer must pay, including all taxes (VAT, customs, etc.) and delivery costs (freight, postage, invoice fees, packaging, etc.) as well as specification of the individual elements of the total price, is provided in the ordering solution before the order is placed. (Deliveries of goods abroad, Svalbard or Jan Mayen must be sold without the addition of VAT.)
Entering into a contract
The Agreement is binding on both parties once the Buyer’s order has been received by the Seller. However, a party is not bound by the agreement if there has been a date error, typing or typing error 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.
Order confirmation
You will receive an order confirmation by e-mail immediately after the purchase has been completed. It is recommended that the buyer checks that the order confirmation matches the order with regard to quantity, type of goods, price, etc. If there is a mismatch between the order and the order confirmation, the buyer should contact the seller as soon as possible.
Payment
The seller charges payment for the item from the time it is ordered from the buyer. If the buyer uses Vipps, credit card or debit card for payment, the amount will be deducted/invoiced already within 1 week due to the payment issuer’s credit time. When pre-ordering seasonal goods for later delivery using the payment method Vipps or payment card, the amount will always be deducted before dispatch due to the credit period with the payment provider is shorter than the time for delivery. By paying with Klarna invoice, the buyer will be charged when the order is confirmed sent from the seller.
A credit card is a payment card where settlement for the purchase is made afterwards by the creditor (credit card company) sending the cardholder an invoice with a demand for payment. A debit card is a payment card linked to a deposit account. Use of the card will result in the user’s account being debited and the amount transferred to the payee’s account.
When paying by credit card, the Act on Credit Purchases, etc. will apply.
Delivery, etc.
Delivery of the item from the seller to the buyer takes place in the manner, at the place and at the time specified in the order solution in the online store. If the time of delivery is not stated in the order solution in the checkout information or e-mail that accompanies the order confirmation, the seller must deliver the item to the buyer within a reasonable time and no later than 30 days after the order from the customer, unless other information is provided on the product. Pre-orders must be delivered within the specified period stated at the time of purchase and no later than 10 days after the specified period. If the seller is to ensure that the goods are sent to the buyer, he is obliged to have the goods transported to the destination in an appropriate manner and under the usual conditions for such transport. The destination is with the buyer unless otherwise specifically agreed between the parties.
If the customer is not at home/present, the item can be shelved without the customer signing for receipt. A photo is taken of delivered goods at the delivery point. The recipient then takes over responsibility for the goods. This is done to avoid unnecessary transport.
Some items/orders will be of such a large volume/weight that they are delivered on pallets. This will be deposited with the customer. If you do not want to keep the pallet, it must be returned with the same driver who delivers the goods.
In the event of a breach of contract by the buyer on, for example, unclaimed goods, and the goods are returned, the customer will be contacted upon receipt of the return. In the event of an unanswered inquiry, the professional will then stock the item after 10 days, and the customer will be charged return costs. In the case of any specially ordered goods that cannot be resold, Proffteiner can claim coverage of the costs incurred.
The risk of the commodity
The risk for the item passes to the buyer when the item is placed at the buyer’s disposal (ref. Section 14 paragraph 2 of the Consumer Purchase Act), i.e. when the item is ready for collection at the nearest post office or other agreed collection or delivery point. If the delivery time has arrived and the buyer fails to take over a product that has been made available to him or her under the agreement, the buyer still bears the risk of loss or damage due to the characteristics of the product itself. The buyer is responsible for ensuring that the correct email and phone number are provided when ordering, so that notification of collection can be sent to the correct recipient.
Right of withdrawal
The buyer can cancel the purchase of the item according to the provisions of the Right of Withdrawal Act. The right of withdrawal means that the buyer can return the item to the seller without reason even if there is no defect in it 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 of receipt of 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 date than when the goods were delivered, the withdrawal period begins to run from the day the buyer receives the withdrawal form and the information. If the buyer has not received sufficient information or a withdrawal form, the withdrawal period will still expire 3 months after the goods have been received. If the buyer has not received information about the right of withdrawal at all, the deadline will be 1 year.
For evidentiary reasons, the notification from the buyer to the seller about the use of the right of withdrawal should be in writing (withdrawal form, e-mail, or letter), and it must contain information about how the buyer will return the item to the seller.
The buyer shall, without undue delay, and no later than 14 days from the date of notification after the right of withdrawal was given, send the goods back, or hand them over to the seller if the seller has not offered to collect the goods. The buyer is responsible for the return shipping costs.
Repayment must be made 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. Unless otherwise expressly agreed with the buyer, the refund shall be made using the same means of payment as the buyer used. The buyer shall not pay any form of fee as a result of the refund.
The seller can withhold the refund until the goods have been received, or until the buyer has presented documentation that the goods have been sent back. This does not apply when the seller has offered to pick up the goods.
The buyer must bear the costs of returning the goods if the right of withdrawal is exercised.
The buyer can research the product before regretting the purchase. However, it must be possible to return the item to the seller in approximately the same condition as it was in when the buyer received it. The seller may require the consumer to compensate for any reduction in value resulting from the buyer’s handling of the goods that has not been necessary to establish the nature, characteristics and function of the goods.
The buyer should send the item back to the seller in its original packaging if possible. The buyer cannot cancel the purchase of goods that deteriorate quickly, goods that are not suitable for return for reasons of health or hygiene, or of audio and video recordings (including CDs, DVDs) or computer programs where the seal has been broken.
Examination of the item
When the buyer receives the item, it is recommended that he or she reasonably checks whether it conforms to the order, whether it has been damaged in transit or whether it has any other defects. If the item does not correspond to the order or has defects, the buyer must notify the seller in the event of a complaint, cf. the clause in the contract on “Complaints in the event of defects and deadline for filing a claim in the event of delay”.
Complaints in case of defects and deadline for filing a claim in the event of delay
If there is a defect in the goods, the buyer must, within a reasonable time after he or she discovered it, notify the seller that he or she will invoke the defect. The time limit can never be shorter than two months from the time when the consumer discovered the defect.
However, a complaint must be made no later than two years after the buyer took possession of the goods. If the product or parts of it are intended to last significantly longer, the complaint period is five years. In the event of delay, claims must be made to the seller within a reasonable time after the delivery time has arrived and the goods have not been delivered. If the item has been paid for by credit card, the buyer can also choose to complain and send a claim directly to the credit provider (the credit card company). The notification to the seller or credit provider should be in writing (e-mail, fax or letter).
Buyer’s rights in the event of delay
If the seller does not deliver the goods or delivers them too 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, in accordance with the rules in Chapter 5 of the Consumer Purchases Act, withhold the purchase price, demand performance, terminate the agreement and claim compensation from the seller.
Fulfillment: If the seller does not deliver the item at the agreed time of delivery, the buyer can maintain the purchase and set a reasonable additional deadline for fulfillment from the seller. However, the buyer may not demand performance if there is an obstacle that the seller cannot overcome, or if performance will result in such a great inconvenience or cost to the seller that it is significantly disproportionate to the buyer’s interest in the seller complying. If the difficulties disappear within a reasonable time, the consumer can demand compliance.
Cancellation: The buyer may terminate the agreement with the seller if the delay is significant or if the seller does not deliver the goods within the additional deadline for fulfilment set by the buyer. However, the buyer cannot cancel the agreement while the additional deadline runs, unless the seller has said that he or she will not comply with the deadline.
Compensation: The buyer may also claim compensation for losses he or she suffers as a result of the delay on the part of the seller, cf. Section 24 of the Consumer Purchases Act.
The buyer must report a claim to the seller in the event of a complaint, cf. this contract’s section on “Complaints in the event of defect and deadline for filing a claim in the event of delay”.
Buyer’s rights in the event of a defect
If the product has a defect 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 6 of the Consumer Purchase Act, withhold the purchase price, choose between correction and replacement, demand a price reduction, the claim agreement be terminated and compensation from the seller.
Correction or replacement: If the item has a defect, the buyer can demand that the seller correct the defect or deliver the corresponding item. The seller may oppose the buyer’s claim if the execution of the claim is impossible or causes the seller unreasonable costs.
The seller must make the correction or replacement within a reasonable time. Correction or delivery shall be made at no cost to the buyer, without the risk of the buyer not being reimbursed for his expenses and without significant inconvenience to the buyer. The seller may not make more than two attempts at rectification or replacement for the same defect, unless there are special reasons that make further attempts reasonable.
Even if the buyer does not demand correction or replacement, the seller can offer correction or replacement if this is done without delay. If the seller arranges for such correction or replacement, the buyer cannot demand a price reduction or increase.
Price reduction: If the defect is not corrected 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 defect is immaterial.
Compensation: The buyer can also claim compensation for financial loss he or she suffers as a result of the product having a defect, cf. Section 33 of the Consumer Purchase Act. The seller is only liable for damages up to the amount of the purchase price, including shipping.
The buyer must report a claim to the seller in the event of a complaint, cf. this contract’s section “Complaint in case of defect and deadline for filing a claim in the event of delay”. The rules on complaints apply in addition to, and independently of, the rules on the right of withdrawal and any guarantees provided by the seller.
The seller’s rights in the event of the buyer’s default
If the buyer does not pay or fulfil the other obligations under the agreement, 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 Purchases Act, withhold the goods, demand fulfilment of the agreement, demand cancellation of the agreement and compensation from the buyer. Depending on the circumstances, the seller may also be able to claim interest on late payment, debt collection fees and fees for non-prepaid unclaimed goods.
Fulfillment: If the buyer does not pay, the seller can maintain the purchase and require the buyer to pay the purchase price (fulfillment). If the goods have not been delivered, the seller loses his right if he waits an unreasonably long time to submit the claim.
Cancellation: In the event of a significant payment default or other significant default by the buyer, the seller can terminate the agreement. However, the seller cannot cancel after the purchase price has been paid.
The seller may also cancel the purchase if the buyer does not pay within a reasonable additional period for fulfillment set by the seller. However, the seller cannot cancel during the additional period, unless the buyer has said that he or she does not want to pay.
Compensation: The seller can claim compensation from the buyer for financial loss he or she suffers as a result of a breach of contract on the part of the buyer, cf. section 46 of the Consumer Purchase Act.
Interest on late payment/debt collection fee: If the buyer does not pay the purchase price in accordance with the agreement, the seller can claim interest on the purchase price according to the Act on Interest on Late Payment. In the event of non-payment, the claim may, after prior notice, be sent to debt collection, and the buyer may then be held liable for fees pursuant to the Act on Debt Collection and Other Collection of Overdue Monetary Claims.
Fee for unclaimed non-prepaid goods: If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee of NOK 250 + return shipping. The fee shall not exceed 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. Pick-up deadline for ordinary packages is 2 weeks. In the case of unclaimed postal packages, return costs will be charged, as well as any postage for a new shipment.
Warranty
A warranty given by the seller or manufacturer gives the buyer rights in addition to the rights the buyer already has under mandatory legislation. A warranty thus does not entail any limitations on the buyer’s right to complain and claims in the event of delay or defects according to sections “The buyer’s rights in the event of delay” and “The buyer’s rights in the event of defects”.
Substitute
The seller is only liable for damages up to the amount of the purchase price, including shipping.
Personal data
Unless the buyer agrees otherwise, the seller may only collect and store the personal data that is necessary for the seller to be able to carry out the obligations under the agreement. The personal data of the buyer under the age of 15 cannot be collected unless the seller has the consent of parents or guardians. The buyer’s personal data shall only be disclosed to others if it is necessary for the seller to carry out the agreement with the buyer, or in statutory cases. The seller can only obtain the buyer’s personal identity number if there is a factual need for secure identification and such collection is necessary.
If the seller wants to use the buyer’s personal data for other purposes, for example to send the buyer advertising or information beyond what is necessary for the execution of the agreement, the seller must obtain the buyer’s consent when entering into the agreement. The seller must provide the buyer with information about what the personal data will be used for and about who will use the personal data. The buyer’s consent must be voluntary and given by an active action, for example by ticking.
The buyer should be able to easily contact the seller, for example by phone or e-mail if he or she has questions about the seller’s use of personal data or if he or she wants the seller to delete or change the personal data.
Cookies
Our online store contains so-called cookies. You can browse the online store without cookies, but you cannot shop. 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 if you have chosen to view the category pages with or without images. If your browser or firewall is set to prevent the storage of cookies, the website may stop working or you may have problems completing a sale.
Conflict resolution
The parties shall attempt to resolve any disputes amicably. The buyer can contact the Consumer Council for assistance in a possible dispute with the seller. If an amicable solution is not reached after mediation by the Consumer Council, the parties may request in writing that the Consumer Council submit the dispute to the Consumer Disputes Committee. 13) A decision by the Consumer Disputes Committee is legally enforceable four weeks after notification. Before the decision is legally enforceable, the parties may, by submitting a summons to the Consumer Disputes Committee, bring the decision before the district court.
13) See Act of 01 March 2017 Act on the Consumer Complaints Committee (Consumer Complaints Act).