B2C GENERAL SALES TERMS & CONDITIONS OF NON-STOP DOGWEAR AS
- Version: 01.01, 2023 -
Please, read through our General Terms of Purchase before making a purchase. When you place an order, you accept the terms set out below and a binding agreement between you and Non-stop dogwear AS.Non-stop dogwear AS
Tel.: +47 6234 1000
VAT registration number: 994 194 151
- hereinafter referred to as "NSD" and/or "we/us" -
1. SCOPE OF APPLICATION, DEFINITIONS, LIMITATIONS
1.1 The following general terms and conditions of purchase ("General Terms") shall apply to all online sales and deliveries made by NSD for sales to Consumers (and also to Companies with the limitations as defined and set forth in Clause 1.3 below) via the diverse web site and/or instant browser communication tools, as the case may be, from now on collectively referred to as "Communication Tools".
1.2 "Consumers" are, in a legal sense, natural persons of legal age with a minimum age of 18 years entering into an online purchase transaction which, to an overwhelming extent, cannot be attributed to either his or her commercial or independent professional activities.
1.3 "Companies" are, in a legal sense, natural or legal persons/ commercial entities entering into an online purchase transaction acting in their role as a commercial or independent business entity but purchasing NSD products for their own personal purposes and usages only.
1.4 "Customer(s)" and/or "you" as collectively referred to herein are Consumers and Companies in terms of Clauses 1.2 and 1.3 above.
1.5 "Products" are those products manufactured and/or distributed by NSD, which are shown in the respective actual online presentation of our online store, and which, at our sole discretion, may be changed and/or amended at any time.
1.6 Excluded from the application of these General Terms and the corresponding online sales on this basis are all commercial resellers of NSD products.
1.7 The Communication Tools and their content are provided free of charge and 'as is' without any warranties of any kind. The information provided is for general purposes only and does not constitute advice.
1.8 We neither represent nor warrant that the information in our diverse Communication Tools is accurate, complete, or current or that the Communication Tools are free of viruses or any other harmful components. Further, we will not provide specific IT infrastructure or connectivity. Thus, we cannot represent or warrant that the usage of the Communication Tools will be uninterrupted or error-free. Moreover, we do not make any warranties or representations regarding the use of the content on the Communication Tools in terms of adequacy, usefulness, correctness, accuracy, timeliness, reliability, or otherwise, in each case to the fullest extent permitted by applicable laws.
1.9 Any use of the Communication Tools is at the Customer's own risk. Neither NSD, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Website and/or the App will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use the content on the Communication Tools, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website and/or the App or the performance of the Products or otherwise arising out of or in connection with these General Terms and Conditions. Customers are strictly prohibited from using the Communication Tools to post or transmit any information and content which infringes or may infringe third party intellectual property rights or any mandatory applicable laws or regulations, including yet without limitation any information and content which is threatening, defamatory, false, discriminating, illegal, offensive and the like and which could be viewed as violating the rights of any third party. NSD reserves the right to deny a visitor, including any Customer, access to the Communication Tools at any time in its sole reasonable discretion when it considers any use thereof as a breach of these General Terms.
1.10 Online sales and deliveries to Companies will only be accepted by us if the articles ordered are for the Customer's personal use only and are limited to the quantities set forth in Clause 4.1 below of these General Terms.
1.11 Your order is binding once it is placed in our online store. You will nevertheless still have a revocation right as set out in Clause 5. below. When placing an order via the Communication Tools, you can access the General Terms via the links provided in the Online Store, download and save them on your electronic device, and/or print them out. When your order is registered in our online store, an email will be automatically sent to the email address you provided us with, also containing these General Terms e.g. as a link attached, hereinafter "the Order Confirmation Mail". Please read carefully through the Order Confirmation Mail when you receive it and control that all relevant details, such as the delivery address and the specification of the ordered products, are correct. If not, or you wish to cancel or change your order details on short notice prior to delivery, please contact us immediately at email email@example.com, yet since such window of cancellation/modification is very narrow, we cannot promise that we will be able to cancel/modify your order details before your respective order is processed.
1.12 If no such Order Confirmation Mail is received by you within a time frame of seventy-two (72) hours at maximum, this shall be deemed as rejection of your order by us. If several items are included in an order, a purchase contract is only created in respect of the items expressly referenced in our subsequent Order Confirmation Mail. If you do not have an officially registered address on the address you provided us with, the Postal Service may send us the package in return. In this case, any additional costs we may incur in this context are to be borne by you. If you have a temporary address, you can provide a person registered at that address in the C/O field of your order. If you need to make changes to your delivery address on short notice after receipt of our order confirmation mail, please contact us directly. If any of the Products you purchased should not be available, we will deduct the respective price from the total order in your payment, and the available remainder of the Products will be shipped to you. If other equivalent Products are available, we will contact you on the phone/email to offer you these products as a replacement. Sold-out Products will not be subsequently delivered if they are not in stock.
1.13 By accessing and using the Communication Tools, you grant your consent to the applicability of these General Terms in their entirety in addition to any other law or regulation that applies to the Communication Tools and the respective sales transaction (s). If you do not agree to the applicability of the General Terms, you are required to leave the respective Communication Media immediately.
1.14 We follow current Norwegian laws and regulations for consumer purchases. For your information, these laws are, among others, regulated by the Act Relating to Consumer Purchases, the Cancellation Act, the Marketing Control Act, the Personal Data Act, the E-Commerce Act, and the Financial Contracts Act.
2. CONTRACT PARTNER
Your contract partner with respect to all B2C Online Sales is:Non-stop dogwear AS
Tel.: +47 6234 1000
VAT registration number 994194151
COO: Fredrik Skjøld
3. SALES CONTRACT CONCLUSION, PRICES, PAYMENT METHODS
3.1 When you found the Product/(s) you are seeking to purchase online, you can place it/them without commitment in your basket by clicking on the 'Add to cart' button. You are free to remove the chosen article from the cart by clicking on the 'x' button. If you wish to purchase the item(s) in the cart, click on the 'Buy Now' button. Compulsory fields will get red borders around the field. Once you have entered your data, select your preferred dispatch method and payment method if options are available in your market. You will then see a detailed summary of your order, the total cost, and a breakdown thereof. The details you have entered can be modified and/or amended before you complete the purchase. You are then required to finalize your online purchase by clicking on the 'Place order' button. Until this point, the online purchase can be discontinued at any time by simply closing any of the Communication Tools you are using.
3.2 All prices in our online store include local VAT and - if applicable - customs duties, taxes, and fees. The total cost will be displayed before purchase and cover all expenses associated with your respective Purchase of our Products, such as delivery.
3.3 We are offering the following payment methods depending on the respective country, where the Customer resides:
4. REJECTIONS AND CANCELLATIONS OF ORDERS BY NSD
4.1 If we are unable to accept the Customer's order in whole or in part for any reason (including any of the reasons described in this Clause 4 or otherwise set forth herein, we will inform you thereof by email.
4.2 We are entitled to reject/cancel the order of a Customer out of substantial reasons, in particular yet without limitation in the following circumstances:
4.2.1 we are unable to obtain authorization for the Customer's payment and/or have reasons to believe that the respective intended online purchase could be an illegal or fraudulent activity, which includes orders by a Customer where the quantity or ordered articles is higher than the usual quantities for private households or own personal usages, or where identical subsequent orders are placed, respectively orders in unusual quantities to be sent to identical delivery addresses or the like;
4.2.2 the Customer does not meet the qualifications and criteria set forth in these General Terms;
4.2.3 we detect an obvious unmistakable error relating to the description and/or the price of an ordered article. Further, no rights of a Customer can be derived from typing errors, product descriptions, or manifest errors in general on any of the Communication Tools.
4.2.4 an article ordered by the Customer is unforeseeably out of stock or otherwise non-available;
4.2.5 where we know or reasonably suspect the respective order was made with the assistance or involvement of any software, robot, crawler, spider, or by applying other automated methods.
4.3 We ship to every country in the world except Belarus, Kazakhstan, Russia, North Korea, Ukraine, Venezuela, and Armenia, yet reserve the right to modify and/or to amend the foregoing listing at our sole discretion.
4.4 In the event of cancellation by NSD, we will inform the respective Customer without delay. In the event it has already received articles from us, which are subject to cancellation, the Customer is obliged to return these articles to us in accordance with our return policy as set forth in Clause 5 below against refund of payment for the said articles already received by us and reimbursement of delivery cost if already incurred on the part of the Customer. Any additional claims of the Customer are excluded, e.g., if the Customer is not able to start a planned skijoring trip due the non-execution of its order, or the like.
5. CANCELLATION POLICY, REVOCATION RIGHTS AND PROCEDURE FOR OUR CONSUMER CUSTOMERS
5.1 Our Consumer Customers have the right to cancel an order and the respective purchase contract within sixty (60) days (or within any other cancellation period as prescribed by applicable mandatory laws) from the date where the Consumer, or a third party is not the carrier, have taken receipt of the last item of the order concerned.
5.2 To exercise your revocation right, please visit our return page, which will guide you and provide you with the necessary details in this respect.
6. DELIVERY MODALITIES, RESERVATION OF TITLE, PRICES
6.1 All Products shown on the Communication Tools are subject to availability. This means that, although we strive to ensure that our Communication Tools constantly reflect the availability of stock, an article shown on the Communication Tools may no longer or temporarily not be available for purchase. Minor differences in color and other minor variations in articles are possible as a result of different image acquisition, display technologies, or other technical reasons, and we shall not be liable for any of these variations and deviations.
6.2 We shall dispatch your ordered Products within three (3) working days of the respective order being received and confirmed by us at the latest, if the given address, phone number and e-mail is correct. Unless unforeseeable problems are incurred, such as strikes or other force majeure cases and the like, the ordered Products should reach you usually within eight (8) working days from the respective order and confirmation date, yet such time period may be exceeded in the event of cross border shipments outside Norway.
6.3 If, in single cases, the delivery of products confirmed by us to reach the Customer within the foregoing eight-workday period is delayed, the Customer is at its choice, entitled to decide whether it will cancel the respective order or keep it pending. In any event, after the elapse of four (4) weeks from the date of our order confirmation without any delivery made to the Customer, the respective order will be automatically canceled, and any payments already received from the Customer will be promptly refunded by us automatically.
6.4 We are entitled to the extent reasonably possible to execute an order by making split deliveries without charging the additional cost to the Customer unless the Customer made the request to be delivered in parts. Each split order shall constitute a separate contract of sale. If we are late delivering or one split order is faulty, the Customer shall not have the right to cancel any other part of the split order.
6.5 Delivery charges will be borne by the Customer unless otherwise set forth herein.
6.6 The Products ordered online by a Consumer via our Webstore shall remain our property until payment is received in full. The Customer is not entitled to sell, dispose of or encumber any Product before the title thereof has passed to the Customer. For Companies, the ordered articles shall remain our property until all our claims arising from our commercial relationship (including those of our Web shop Partners) are settled in full.
6.7 Delivery shall be carried at our own risk in accordance with the statutory law provisions for the online purchase of consumer goods applicable in the respective country the Customer resides. In the event of deliveries made to a Company, the transportation risk shall pass to the Company upon handing over the ordered articles to the respective carrier.
6.8 If failure to deliver the respective order is attributable to you, you shall be responsible for the resulting additional costs. Deliveries shall be deemed to be undeliverable if no person authorized to receive the delivery is available to take delivery and the collection deadline passes without the package being collected or if the recipient or the recipient's authorized representative designated by you refuses the acceptance of the package, or if you or your representative cannot be reached at the address provided. This shall also apply for deliveries made to certain designated reception facilities such as to post or letter boxes.
6.9 Prices, as stated on our Communication Tools, could be shown in, but not limited to, EURO, USD, NOK, SEK, DKK, CZK, CHF and GBP currency and contain statutory sales taxes and other pricing elements, which will be shown separately on the Customer's invoice received from us. The respective VAT rate - if applicable - for any B2C online sale will be the one charged in the country in which the respective Products will be delivered.
7. PRODUCT WARRANTY
7.1 For B2C online sales transactions of Consumer Customers, a statutory warranty period of two (2) years shall apply from the date of the receipt of the ordered Products, while for Companies, the warranty period shall be one (1) year. The latter limitation shall not apply in those events, where a Company claim is based on physical injury, loss of life or gross negligence on our part, or where longer warranty periods are prescribed by mandatory applicable laws. Out of sustainability and environmental considerations, you agree that it shall be our first preference and choice to repair a Product where repairable.
7.2 Any warranty claim shall be addressed to us as specified in Clause 2 above for all deliveries of online-ordered Products received from us. For any other deliveries received from an authorized NSD Webstore Distribution Partner, we shall forward the respective warranty claim to the said Partner.
7.3 Under this warranty policy pertaining to B2C online sales, we do not honor warranty claims for Products.
7.3.1 obtained from a source other than the Communication Tools;
7.3.2 that have been damaged by negligence or abuse (such as unusually high or low temperatures and heat, exposure to damaging chemicals such as caustic substances and the like);
7.3.3 damaged by substantial misuse or activities outside the scope of the intended purpose for such Product (such as using a harness as a rope);
7.3.4 damaged by normal wear and tear or exceeded the reasonable lifespan for such kind of Product.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 We are and remain the owner of all copyright and content in and on the Communication tools. You are only entitled to view, play, print and/or download any content in whole or in part existing now and in the future on the Communication Tools for your strict personal and non-commercial use and informational purposes only (hereinafter "the Permitted Use"). Any user of the Communication Tools including any Customer have no right to modify in any manner whatsoever its contents, copy, publish, create derivative works, license, reproduce, transfer or sell any of the Communication Tools' content or use it on any other website or media, unless we have provided our express written consent to any specific modification or other use requested by the visitor of our Communication Tools in writing beyond the Permitted Use.
8.2 The Customer undertakes not to remove or otherwise suppress or modify any copyright, trademark, or any other intellectual property rights pertaining to any content of the Communication Tools.
8.3 The same as set forth in Clauses 8.1 and 8.2 above shall apply for any trademarks, logos, and other intellectual property rights of NSD (hereinafter "the Intellectual Property Rights"), which shall remain our exclusive property (including those of our affiliated companies and of our licensors).
8.4 Any usages beyond the Permitted Use by any user of the Communication Tools, including Customers of any of the Intellectual Property Rights, shall equally require our express prior written approval. This shall also apply to any use of our Intellectual Property Rights in the context of the creation of links, hypertext, deep links, and the like between any of our Communication Tools and other third-party online media.
9. DATA PROTECTION
9.2 Our Privacy Statement forms an integral part of these General Terms. By accessing our Communication Tools, you agree and accept that we may use, collect, store and process your personal data in accordance with our Privacy Statement.
10. LIMITATION OF LIABILITY
10.1 We do not in any circumstances exclude our liability for fraud, death, or personal injury caused by our negligence or that of our employees and/or agents or any other loss which is not permitted to be excluded and/or limited by applicable mandatory laws and regulations. These limitations of liability set forth in this Clause 10. do also extend to our webstore partners, but do not apply, where we have fraudulently concealed a defect or have substantially incorrectly described a Product on the Communication Tools.
10.2 We are not responsible for any loss or damage that a Customer and/or a user of the Communication Tools suffers, which are
10.2.1 not caused by our breach of these General Terms or are caused by any incorrect use or misuse on part of a Customer of our Products, in particular, but not limited to any non-compliance with any of our user instructions or guidelines provided pertaining to the respective Product(s) as also set out in Clause 7.3 above;
10.2.2 a result of our temporary failure to provide access to the Communication Tools (or any part thereof), or the result of a removal of certain articles from the Communication Tools;
10.2.3 a result of our right to cancel orders in accordance with the terms set forth in Clause 4. above;
10.2.4 caused by a distributed denial-of-service attack, Internet virus, or other technologically harmful data or material that may negatively affect your computer equipment, data, software, or other materials and information due to your use of the Communication Tools (including but not limited hereto any downloads of content from the Communication Tools or any other online medium linked thereto);
10.2.5 the result or consequence of the non-fulfilment of any obligations on our part, which can be attributed to events beyond our control (such as fires, war, riots, pandemics, civil disturbances, major accidents, floodings, storm, strikes, lockouts and/or any other major catastrophes).
10.3 Unless otherwise prescribed by applicable mandatory laws, our total liability to Customers for any loss or damages arising in connection to any B2C online purchase of NSD products is limited to a maximum of onehundredandfifty percent (150%) of the value of the Customer's respective order concerned.
11. GOVERNING LAW, JURISDICTION, ONLINE-DISPUTE SETTLEMENT
11.1 Unless otherwise set forth in the area of applicable mandatory laws and regulations applicable for Consumer Customers, these General Terms shall be exclusively governed by substantive Norwegian laws without regard to international conflict law principles. For cross-border online sales transactions between Companies and us, the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
11.2 If the Customer is a Company, the exclusive venue for any disputes arising from or pertaining to these General Terms and/or any online sale which cannot be settled amicably shall be Oslo/Norway with the exclusive jurisdiction of the courts of Oslo.
11.3 The EU Commission provides on its website the following link to the ODR platform.This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders. NSD is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
12. FINAL PROVISIONS, OTHER INFORMATION
12.1 Any B2C online sale transaction, same as any use of the Communication Tools, will be exclusively subject to this version of the General Terms, including any future subsequent changes or amendments hereof, which are in force at the time when you will place the respective order through the Communication Tools, or the day you visit the Communication Tools, whatever is applicable. We reserve the right to make changes and/or amendments to these General Terms at any time.
12.2 Each provision of these General Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void, or otherwise unenforceable, that provision shall be deemed severable from the other terms and shall not affect the validity and/or enforceability of any of the other provisions of these General Terms.
12.3 These General Terms are made out in a bilingual English and German language version. In any case of discrepancy, inconsistency or conflict between the two versions, the English language version shall prevail.