Terms & Conditions

Sales Terms
Standard sales terms for consumer purchases of goods over the internet

Introduction:
This purchase is regulated by the following standard sales terms for consumer purchases of goods over the internet. The term "consumer purchase" refers to the sale of goods to a consumer who does not mainly act as part of a business and when the seller acts in a business with the sale of goods over the internet. The contract is prepared and recommended for use by the Consumer Ombudsman.
Consumer purchases over the internet are mainly regulated by the Contract Act, Consumer Purchase Act, Marketing Act, Right of Withdrawal Act, and e-commerce law, and these laws provide consumers with non-waivable rights. The terms of the contract should not be understood as any limitation on the statutory rights, but set out the parties' most important rights and obligations for the transaction. The seller may choose to offer the buyer better conditions than those stated in these sales terms.
In cases where the contract does not directly provide a solution to an issue, the contract should be supplemented with relevant statutory provisions.

1. The agreement
The agreement between the buyer and seller consists of the information the seller provides about the purchase in the ordering solution in the online store (including information about the type of goods, quantity, quality, other properties, price, and delivery conditions), any direct correspondence between the parties (such as email), and these sales terms.
In case of a conflict between the information the seller has provided about the purchase in the ordering solution in the online store, direct correspondence between the parties, and the terms of the sales terms, direct correspondence between the parties and the information given in the ordering solution take precedence over the sales terms, unless it contradicts binding legislation.

2. The parties
Seller Company Name: Flavor Bunker AS
Contact Address: P.O. Box 13, 4616 Kristiansand S
Email: info@flavorbunker.no
Phone Number: ********
Organization number: 922 363 811
The buyer is the person who places the order.

3. Prices
The prices, which are stated in the online store, include value-added tax.
Information about the total costs the buyer must pay, including all charges (value-added tax, duties, etc.) and delivery costs (shipping, postage, invoice fee, packaging, etc.) and specification of the individual elements in the total price, is provided in the ordering solution before the order is placed. (Deliveries to Svalbard or Jan Mayen shall be sold without the addition of value-added tax. (1)

4. Formation of the agreement
The agreement is binding for both parties when the buyer's order is received by the seller.
However, a party is not bound by the agreement if there has been a writing or typing error in the seller's offer 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. Order confirmation
When the seller receives the buyer's order, the seller shall without undue delay confirm the order by sending an order confirmation to the buyer.
It is recommended that the buyer checks that the order confirmation contains correct information and immediately inform the seller of any errors or inaccuracies.

6. Payment
The buyer shall pay the price of the goods at the time of ordering, unless otherwise agreed.
The seller may require payment in advance or guarantee in the form of a credit card or similar.

7. Delivery
The seller shall deliver the goods to the buyer as soon as possible after the agreement has been concluded, unless otherwise agreed.
The seller shall inform the buyer of any significant delays in delivery.

8. Transfer of risk
The risk of loss or damage to the goods shall pass to the buyer when the goods have been delivered to the buyer or to a person or carrier appointed by the buyer.

9. Right of Refusal

The buyer has the right to withdraw from the purchase of the product without giving any reason, and return the product to the seller, even if there is no defect and the product is not faulty.

The buyer must inform the seller of their intention to withdraw from the purchase within 14 days after receiving the product and the required information about the right of withdrawal. If the buyer receives the withdrawal form and the necessary information at a later time, the withdrawal period begins on the day the buyer receives the withdrawal form and information.

If the buyer has not received sufficient information or a withdrawal form, the withdrawal period is extended to three months after the product is received. If the buyer has not received any information about the right of withdrawal, the period is extended to one year.

The notification of withdrawal from the buyer to the seller should preferably be in writing, and include information on how the buyer intends to return the product to the seller. The product must be returned to the seller within a reasonable time after the buyer has exercised the right of withdrawal.

The seller is obliged to refund the full purchase price to the buyer within 14 days after receiving the product or a return receipt, or after the product has been made available to the seller. The seller cannot charge the buyer for using the right of withdrawal, but the seller may require the buyer to pay for the return shipping costs.

The buyer may examine the product before exercising the right of withdrawal, but the product must be returned to the seller in approximately the same condition and quantity as it was in when the buyer received it. The buyer should return the product to the seller in the original packaging if possible.

However, flavorings & aromas cannot be returned under the right of withdrawal, as there is a risk of contamination. Except for manufacturing defects, the buyer cannot exercise the right of withdrawal for products that deteriorate quickly, products that cannot be returned due to their nature, or flavorings where the seal has been broken, unless the seller has clearly and explicitly informed the buyer of the conditions for the withdrawal right to lapse due to the breaking of the seal.

10.Examination of the goods

When the buyer receives the goods, it is recommended that he or she examines them to a reasonable extent to determine if they correspond to the order, if they have been damaged during transport, or if they have other defects. If the goods do not correspond to the order or have defects, the buyer must notify the seller of the complaint according to section 11 of the contract.

11. Complaints for defects and deadline for reporting claims for delays

If there is a defect in the product, the buyer must notify the seller within a reasonable time after discovering it that he or she wishes to claim the defect. The deadline cannot be shorter than two months from the time the consumer discovered the defect. However, complaints must be made no later than two years after the buyer took possession of the item. If the product or parts of it are intended to last significantly longer, the complaint deadline is five years.

For delays, claims must be directed to the seller within a reasonable time after the delivery time has passed and the item has not been delivered. If the item was paid for with a credit card, the buyer may also choose to complain and send claims directly to the credit issuer (the credit card company). The message to the seller or credit issuer should be in writing (email, fax or letter).

12. Buyer's rights in case of delay

If the seller fails to 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, under the rules of Chapter 5 of the Consumer Purchase Act, in the circumstances withhold the purchase price, demand fulfillment, terminate the agreement, and claim compensation from the seller.

Fulfillment: If the seller does not deliver the goods on the delivery date, the buyer may maintain the purchase and set a reasonable additional deadline for fulfillment by the seller. However, the buyer cannot demand fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment would entail such significant inconvenience or cost to the seller that it is in significant disproportion to the buyer's interest in the seller fulfilling the agreement. If the obstacles disappear within a reasonable time, the consumer may demand fulfillment.

Termination: 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 fulfillment set by the buyer. However, the buyer cannot terminate the agreement while the additional deadline is running unless the seller has stated that he or she will not fulfill within the deadline.

Compensation: The buyer may also claim compensation for losses suffered as a result of the delay from the seller according to the Consumer Purchase Act § 24.

The buyer must report claims to the seller through a complaint according to this contract's section 11.

13: Buyer's rights in case of defects
If the item 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, under the circumstances, withhold the purchase price, choose between correction or replacement, demand a price reduction, demand the contract rescinded, and claim compensation from the seller. Correction or replacement: If the item has a defect, the buyer may demand that the seller correct the defect or replace it with an equivalent item. The seller may object to the buyer's claim if the implementation of the claim is impossible or causes the seller unreasonable costs. The seller must carry out the correction or replacement within a reasonable time. Correction or replacement shall be carried out at no cost to the buyer, without the risk of the buyer not being reimbursed for their expenses, and without significant inconvenience to the buyer. The seller cannot carry out more than two attempts at correction 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 may offer correction or replacement without delay. If the seller provides such correction or replacement, the buyer cannot demand a price reduction or rescind the contract. Price reduction: If the defect is not corrected or replaced, the buyer may demand a proportional price reduction. Rescission: Instead of a price reduction, the buyer may rescind the contract, except when the defect is insignificant. Compensation: The buyer may also claim compensation for economic loss suffered as a result of the item having a defect, in accordance with Section 33 of the Consumer Purchase Act. The buyer must notify the seller of their claim through a complaint in accordance with point 11 of this contract. 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.

14. Seller's rights in case of buyer's default

If the buyer does not pay or fulfill the other obligations under the agreement, and this is not due to the seller or circumstances on the seller's side, the seller may, under the rules of the Consumer Purchase Act Chapter 9, withhold the goods, demand fulfillment of the agreement, demand cancellation of the agreement, as well as compensation from the buyer, depending on the circumstances. The seller may also, under certain circumstances, be able to demand interest on late payment, collection fees, and fees for non-prepaid uncollected goods.

Fulfillment: If the buyer does not pay, the seller can uphold the purchase and demand that the buyer pays the purchase price (fulfillment). If the goods have not been delivered, the seller loses this right if he/she waits an unreasonably long time to make the claim.

Cancellation: In the event of substantial payment default or other substantial breach of contract by the buyer, the seller may terminate the agreement. However, the seller cannot terminate the agreement after the purchase price has been paid.

The seller may also terminate the purchase if the buyer does not pay within a reasonable additional period for fulfillment that the seller has set. However, the seller cannot terminate while the additional deadline is running unless the buyer has stated that he or she will not pay.

Compensation: The seller may claim compensation from the buyer for economic loss suffered as a result of the buyer's breach of contract pursuant to the Consumer Purchases Act §46.

Interest on delayed payment/collection fee: If the buyer does not pay the purchase price in accordance with the agreement, the seller may demand interest on the purchase price according to the Interest on Overdue Payments Act. (9) In the event of non-payment, the claim, after prior notice, may be sent for collection, and the buyer may then be held liable for fees under the Debt Collection Act and other regulations concerning the collection of overdue claims. (10)

Fee for non-collected non-prepaid goods: If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee of NOK 100 + shipping round-trip. The fee must cover the seller's actual expenses to deliver the item to the buyer. Such a fee cannot be charged to buyers under 18 years of age. (11)

15. Warranty A warranty provided by the seller or manufacturer gives the buyer additional rights in addition to the rights the buyer already has under mandatory legislation. Therefore, a warranty does not limit the buyer's right to make a complaint or claim in the case of delay or defects as described in points 12 and 13.

16. Personal Information (12)

Unless the buyer consents to something else, the seller may only collect and store the personal information necessary for the seller to fulfill its obligations under the agreement. The buyer's personal information under the age of 15 cannot be collected unless the seller has consent from the parents or guardians. The buyer's personal information should only be disclosed to others if necessary for the seller to complete the agreement with the buyer, or in cases required by law.

The seller may only collect the buyer's social security number if there is a legitimate need for secure identification and such collection is necessary.

If the seller wishes to use the buyer's personal information for other purposes, such as sending the buyer advertising or information beyond what is necessary to complete the agreement, the seller must obtain the buyer's consent at the time of agreement. The seller must provide the buyer with information on what the personal information will be used for and who will use the personal information. The buyer's consent must be voluntary and given by an active action, such as ticking a box. The buyer should be able to easily contact the seller, such as by phone or email, if they have questions about the seller's use of personal information or if they want the seller to delete or modify the personal information.

17: Conflict resolution:
The parties shall attempt to resolve any disputes amicably. The buyer may contact the Consumer Council for assistance in any dispute with the seller. If an amicable solution is not reached after mediation by the Consumer Council, the parties may submit a written request to the Consumer Dispute Board to bring the dispute before them. The decision of the Consumer Dispute Board is legally binding four weeks after it has been announced. Before the decision becomes legally binding, the parties may submit a summons to the Consumer Dispute Board to bring the decision before the district court.

18: Reference list

1. See the Value Added Tax Act of June 19, 1969, No. 66, Section 16.
2. A credit card is a payment card where the settlement for the purchase is made afterwards, by the credit issuer (credit card company) sending the cardholder an invoice with a payment request.
3. A debit card is a payment card linked to a deposit account. The use of the card results in the user's account being charged and the amount being transferred to the payment recipient's account.
4. See model agreement prepared by the Joint Contract Committee for the Savings Bank Association and the Finance Industry Association - Terms of Agreement for Credit and Billing Cards - Consumer Relationships Section 12 and model terms prepared by the Savings Bank Association and the Finance Industry Association for Payment Cards Section 11.
5. Act of June 21, 1985, No. 82, on Credit Purchases, etc.
6. Persons under 18 years of age can only pay in the mentioned ways as they cannot incur debts pursuant to the Guardianship Act for Minors (vgml.), Section 2.
7. Act of December 21, 2000, No. 105, on Obligation to Provide Information and Right of Withdrawal, etc. for Remote Sales and Sales Outside of Fixed Retail Locations (Right of Withdrawal Act).
8. Act of December 17, 1976, No. 100, on Interest on Late Payment.
9. Act of May 13, 1988, No. 26, on Debt Collection and Other Recovery of Overdue Claims.
10. Fees cannot be charged to persons under 18 years of age as they cannot incur debts pursuant to vgml. Section 2.
11. See the Act of April 14, 2000, No. 31, on the Processing of Personal Data

19: Age limit 18 years:
Concentrated flavors should only be used under adult supervision. Flavor concentrates can cause damage to the eyes and skin upon direct contact, the user takes responsibility for the use of necessary PPE and personal safety when using.