TERMS AND CONDITIONS
TERMS AND CONDITIONS OF SALE FOR PURCHASE OF GOODS OVER THE INTERNET
GENERAL
This document contains standard sales and delivery terms ("Standard Terms") to be applicable to any delivery between Epilot AS, org. no. 918 816 380 ("Supplier") and a purchaser ("Customer"). The Supplier and the Customer are also referred to individually as a "Party" and collectively as the "Parties".
The Standard Terms apply to any delivery from the Supplier to the Customer in addition to the terms specified in each order confirmation/ordering solution. A delivery from the Supplier will consist of products.
The Customer is deemed to have accepted the Standard Terms upon submission of the order and subsequent receipt of the order confirmation. ("Delivery").
The Standard Terms may be changed by the Supplier without notice, with effect for all sales concluded after the change.
ORDER
The Customer shall:
Provide correct contact information (name, address, telephone number, email) to the Supplier.
Approve the Supplier's privacy policy:
PRICES AND PAYMENT TERMS
The stated price for the goods and services is the total price the Customer shall pay. All prices are stated including VAT and other relevant taxes.
The entire purchase amount must be paid before the Delivery is placed with the Supplier.
If the Customer uses a credit card or debit card for payment, the Supplier may reserve the purchase amount on the payment card upon ordering. The timing of the charge to the Customer will vary depending on the payment method. As a general rule, the purchase amount will be reserved on the payment card upon ordering and will be charged on the same day the Delivery is dispatched.
If, after the conclusion of the agreement, changes are decided in public taxes and charges or price changes from the Supplier's subcontractors (purchases, shipping, customs, etc.) that affect the Supplier's costs, the Supplier may, without prior notice, pass on such costs from the same period as such cost affects the Supplier's costs. The Supplier shall notify the Customer in writing of the supplement. The Customer may then choose to terminate the agreement. If the Customer does not terminate within 14 days from the written notification of a price increase sent by the Supplier, the Customer is deemed to have accepted the price increase.
After the Delivery has been placed, no changes can be made to the Delivery.
DELIVERY
The Delivery is carried out by the Supplier's shipping partner. The Delivery must have arrived at the Supplier's warehouse and the Delivery and shipping must be fully paid by the Customer before shipping is initiated.
The order confirmation indicates when the Delivery is expected to be ready for delivery.
If the delivery time is not specified in the ordering solution, the Supplier shall deliver the Delivery to the Customer without undue delay and no later than 30 days after the order from the Customer. The Delivery shall be delivered to the Customer unless otherwise agreed between the Parties.
The Delivery is deemed to have been made when the Customer, or its representative, has taken possession of the Delivery.
The Customer assumes responsibility for the Delivery when it has been transported to and made available to the Customer at the agreed location. The Supplier bears all risks associated with shipping until the Delivery is delivered to the agreed location.
The Customer is responsible for inspecting the Delivery upon delivery. Any damages and/or deficiencies must be noted and reported to the Supplier immediately.
If the Supplier has to postpone delivery due to reasons beyond the Supplier's control, the Customer will not be entitled to compensation for such delay. This includes, for example, transport damage, missing or incorrectly produced goods from subcontractors, illness, etc.
RIGHT OF WITHDRAWAL
Unless the agreement is exempt from the right of withdrawal, the Customer may withdraw from the purchase from the Supplier in accordance with the Consumer Purchase Act.
The Customer must notify the Supplier of the use of the right of withdrawal within 14 days from the start of the deadline. The deadline includes all calendar days. If the deadline falls on a Saturday, holiday or public holiday, the deadline is extended to the nearest working day.
The withdrawal period is considered complied with if the notification is sent before the expiry of the deadline. The Customer bears the burden of proving that the right of withdrawal has been exercised, and the notification should therefore be made in writing (withdrawal form, email or letter).
The withdrawal period starts from the day after the Delivery is received.
The withdrawal period is extended to 12 months after the expiry of the original deadline if the Supplier does not inform before the conclusion of the agreement that there is a right of withdrawal. The same applies if there is no information about conditions, deadlines, and procedure for using the right of withdrawal. If the Supplier provides the information during these 12 months, the withdrawal period expires nevertheless 14 days after the day the Customer received the information.
When exercising the right of withdrawal, the Delivery must be returned to the Supplier without undue delay and no later than 14 days after notification of the exercise of the right of withdrawal is given. The Customer covers the direct costs of returning the Delivery.
The Customer may try or test the Delivery in a proper manner to determine the nature, characteristics, and function of the item, without the right of withdrawal being forfeited. If testing or examination of the Delivery goes beyond what is reasonable and necessary, the Customer may be liable for any diminished value of the Delivery.
The Supplier is obliged to refund the purchase amount to the Customer without undue delay, and no later than 14 days from the Supplier receiving notice of the Customer's decision to exercise the right of withdrawal. The Supplier is entitled to withhold payment until the Delivery is returned from the Customer.
DELAY AND NON-DELIVERY - CUSTOMER'S RIGHTS AND DEADLINE FOR CLAIMS
If the Supplier does not deliver the Delivery or delivers the Delivery late according to the agreement between the Parties, and this is not due to the Customer or circumstances on the Customer's side, the Customer may, according to the rules in the Consumer Purchase Act Chapter 5, under the circumstances withhold the purchase amount, demand performance, terminate the agreement, and/or claim compensation from the Supplier.
For claims for default rights, the notice for evidential purposes should be in writing (for example, email).
Performance
The Customer may maintain the purchase and demand performance from the Supplier. However, the Customer cannot demand performance if there is an obstacle that the Supplier cannot overcome, or if performance would entail such a significant inconvenience or cost to the Supplier that it is in significant disproportion to the Customer's interest in the Supplier's performance. If the difficulties disappear within a reasonable time, the Customer may still demand performance.
The Customer forfeits the right to demand performance if the claim is not made within a reasonable time.
Termination
If the Supplier does not deliver the Delivery at the time of delivery, the Customer shall request the Supplier to deliver within a reasonable additional period for performance. If the Supplier does not deliver the Delivery within the additional period, the Customer may terminate the purchase.
However, the Customer may terminate the purchase immediately if the Supplier refuses to deliver the Delivery. The same applies if delivery at the agreed time was crucial for the conclusion of the agreement, or if the Customer has informed the seller that the delivery time is crucial.
If the item is delivered after the additional period set by the Customer or after the delivery time that was crucial for the conclusion of the agreement, claims for termination must be made within a reasonable time after the Customer became aware of the delivery.
Compensation
The Customer may claim compensation for economic loss directly resulting from the delay up to the purchase amount. However, this does not apply if the Supplier proves that the delay is due to an obstacle beyond the Supplier's control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome the consequences of.
DEFECTS IN THE GOODS - CUSTOMER'S RIGHTS AND COMPLAINT DEADLINE
If there is a defect in the Delivery, the Customer must, within a reasonable time after it was discovered or should have been discovered, notify the Supplier that the Customer will invoke the defect. The Customer has always complained in time if it occurs within 2 months from when the defect was discovered or should have been discovered. Complaint can be made no later than two years after the Customer took over the Delivery. If the Delivery or parts of it are intended to last significantly longer than two years, the complaint period is five years.
If the Delivery has a defect and this is not due to the Customer or circumstances on the Customer's side, the Customer may, according to the rules in the Consumer Purchase Act Chapter 6, under the circumstances withhold the purchase amount, choose between correction and redelivery, demand a price reduction, demand termination of the agreement, and/or claim compensation from the seller.
Complaints to the Supplier should be made in writing to contact@tnyeys.com
Correction or redelivery
The Customer may choose between demanding the defect corrected or delivery of equivalent items. However, the Supplier may oppose the Customer's claim if the implementation of the claim is impossible or causes the Supplier unreasonable costs. Correction or redelivery shall be made within a reasonable time. In principle, the Supplier is not entitled to carry out more than two attempts to remedy the same defect.
Price reduction
The Customer may demand an appropriate price reduction if the Delivery is not corrected or replaced. This means that the relationship between the reduced and agreed price corresponds to the relationship between the value of the Delivery in defective and contractual condition.
Termination
If the Delivery is not corrected or replaced, the Customer may also terminate the purchase when the defect is not insignificant.
SELLER'S RIGHTS IN CASE OF CUSTOMER DEFAULT
If the Customer does not pay or fulfill the other obligations under the agreement or the law, and this is not due to the Supplier or circumstances on the Supplier's side, the Supplier may, according to the rules in the Consumer Purchase Act Chapter 9, under the circumstances withhold the Delivery, demand performance of the agreement, demand termination of the agreement, and claim compensation from the Customer. The Supplier may also, under the circumstances, demand interest on overdue payment, collection fee, and a reasonable fee for unclaimed Delivery.
PRIVACY
The Supplier will need to process the Customer's personal data in order to carry out the Delivery, for example, in connection with delivery. The basis for this processing is the agreement between the Parties, including the Standard Terms. The Supplier's processing of personal data follows the Personal Data Act and the EU General Data Protection Regulation (GDPR). More information about the Supplier's processing of personal data is available here:
FORCE MAJEURE
Should an extraordinary situation occur beyond the control of the Parties, making it impossible to fulfill obligations under the agreement and which must be considered force majeure under Norwegian law, the obligations of the affected party are suspended for the duration of the extraordinary situation. The consideration of the other party is suspended for the same period. The other party shall be notified as soon as possible when a force majeure situation occurs.
Force majeure includes hurricane, tsunami, outbreak of war, terrorist attack, epidemic, pandemic, fire, societal threats, natural disasters, storm, strike or any traffic difficulties, labor disputes, military mobilization, seizures or export and import restrictions or similar.
Upon the occurrence of force majeure, the Supplier may demand an extension of the delivery time. Both Parties may terminate the agreement if the force majeure situation lasts longer than 360 days.
Neither Party may claim compensation for the expenses incurred due to the force majeure situation.
DISPUTES
The Standard Terms are subject to Norwegian law. In the event of a dispute between the Parties relating to the agreement, the dispute shall be settled by ordinary Norwegian courts. Lawsuits in such disputes are brought to the Supplier's jurisdiction.
HOW TO RETURN AND EXCHANGE GOODS
If the item(s) you have ordered do not fit, or you simply do not want the item(s), you always have a 14-day right of withdrawal.
If the item is not collected at the post office or in the store and it is returned to our warehouse, a fee of 100 NOK will be incurred. This fee will be deducted before the order is refunded. If the item is returned to us due to incorrect shipping information, a fee of 100 NOK will also be incurred.
These rules apply to returning and exchanging goods:
To be eligible for return, the item must be unused. If the items have been used, they cannot be returned or exchanged.
Include or bring a receipt and/or order confirmation for the purchase. If a proof of purchase cannot be presented, the item cannot be exchanged.
The item and any accessories must be intact and included in the return, and labels must be attached to the products.