TERMS OF SALE
The purchase you are about to make is governed by standard sales terms for consumer
purchases of goods over the Internet as outlined here. This contract is based on a template
provided by the Consumer Ombudsman. Consumer purchases refer to the sale of goods to
consumers who are not primarily engaged in business activities, and when the seller
conducts business activities involving the sale of goods over the internet. Consumer
purchases over the Internet are primarily regulated by the Contract Act, the Consumer
Purchase Act, the Marketing Act, the Right of Withdrawal Act, and the E-commerce Act.
These laws provide consumers with non-negotiable rights (meaning they cannot be waived).
The terms presented here outline both our and your rights and obligations as consumers in
connection with online shopping with us.
Table of Contents
1. Agreement
2. Parties
3. Prices
4. Agreement Formation
5. Order Confirmation
6. Payment
7. Delivery
8. Risk of Goods
9. Right of Withdrawal
10. Inspection Duty
11. Complaints of Deficiency and Deadline for Claims Due to Delay
12. Your Rights in Case of Delay
13. Your Rights in Case of Deficiency
14. Our Rights in Case of Buyer’s Default
15. Warranty
16. Personal Data
17. Conflict Resolution
18. Sources
1. Agreement
The agreement between you as the buyer and us as the seller is based on the information
we provide about the purchase in the payment solution on the website (including information
about the nature of the goods, quantity, quality, other characteristics, price, and delivery
terms), as well as any correspondence between you and us (e.g., email) and these terms of
sale. In case of discrepancies between the information provided by the seller in the payment
solution on the website and direct correspondence between us, as well as the terms of sale,
the direct correspondence between us takes precedence as long as it does not conflict with
binding agreements.
2. Parties
Seller is:
ProUnite Esport AS (org.nr 920 330 509)
Nydalen allé 67. 0485 Oslo
support@apeks.gg
The buyer is the person who actually places the order online.
3. Prices
For consumer purchases, the price displayed includes VAT (value-added tax). The prices
you find in our online store include VAT. The total costs you are required to pay (all fees and
delivery costs – shipping, postage, invoice fees, packaging, etc.) will be displayed in the
payment solution before the order is completed.
4. Agreement Formation
Once we have received your order, the agreement is binding for both you and us. However,
a party is not bound by the agreement if there have been typographical or clerical errors in
the seller’s offer in the payment solution on the website or in the buyer’s order, and the other
party was aware or should have been aware of such an error.
5. Order Confirmation
Upon receiving your order, we will promptly confirm the order by sending you an order
confirmation via email. It is recommended that you verify that the order confirmation matches
the order regarding quantity, type of goods, price, etc. If there is a discrepancy between the
order and the order confirmation, please contact us as soon as possible.
6. Payment
We use Nets as the provider of our checkout. This means that we may transfer your
personal data in the form of contact and order details to Nets when the checkout is loaded,
for Nets to manage your purchase. The personal data transferred will be processed in line
with Nets’ own privacy notice.
7. Delivery
Delivery of the goods from us to you will occur in the manner, at the place, and at the time
specified in the payment solution on the website.
8. Risk of Goods
The risk of the goods passes to you when the item is received by you in accordance with the
agreement. If the delivery time has arrived and you fail to accept an item made available to
you under the agreement, you still bear the risk of loss or damage resulting from the
properties of the item itself.
9. Right of Withdrawal
You can withdraw from the purchase of the item in accordance with the provisions of the
Right of Withdrawal Act. The right of withdrawal means that you can return the item to us
without reason, even if there is no defect and even if it has not been delivered. You must
notify us of your use of the right of withdrawal within 14 days of receiving the item. Your
notification to us of the use of the right of withdrawal should be in writing (use the attached
withdrawal form), and it must include information on how you intend to return the item to us.
When exercising the right of withdrawal, the item must be returned to us within a reasonable
time. We are obligated to refund the entire purchase amount to you within 14 days from the
day we receive the item or the delivery note or the item is made available to us. We cannot
impose fees for your use of the right of withdrawal, but we can require the buyer to cover the
costs of the return shipment. The item must be returned to us in approximately the same
condition and quantity as when you received it. The right of withdrawal does not apply to
items made to order, i.e., goods that are either manufactured according to the consumer’s
specifications or have been given a clear personal touch. Custom-made items may include
tailored curtains, T-shirts with personally designed prints, or custom-made wedding dresses.
10. Inspection of the Goods
When you receive the item, it is recommended that you, to a reasonable extent, examine
whether it conforms to the order, whether it has been damaged during transport, or whether
it has any other defects. If the item does not conform to the order or has defects, you must
notify us of this as a complaint in accordance with paragraph 11 of this contract.
11. Complaints of Deficiency and Deadline for Claims Due to Delay
If there is a deficiency in the item, you must notify us that you intend to invoke the deficiency
within a reasonable time after you discovered it. The deadline can never be shorter than two
months from the time you, as a consumer, discovered the deficiency. However, the complaint
must be made no later than two years after you took possession of the item. In case of
delay, claims must be directed to us within a reasonable time after the delivery time has
arrived, and the item has not been delivered. If the item was paid for by credit card, you may
also choose to make a complaint and submit a claim directly to the credit provider (credit
card company). The notification to us or the credit provider should be in writing (email, fax, or
letter).
12. Your Rights in Case of Delay
If we do not deliver the item or deliver it late in accordance with the agreement between us,
and this is not your fault or due to circumstances on your part, you may, depending on the
circumstances, withhold the purchase price, demand performance, terminate the agreement,
and claim compensation from the seller in accordance with the provisions of Chapter 5 of the
Consumer Purchase Act.
Performance:
If we do not deliver the item on the delivery date, you can insist on the purchase and set a
reasonable additional deadline for performance on our part. However, you cannot demand
performance if there is an obstacle that the seller cannot overcome or if performance would
involve such significant inconvenience or cost to us that it is disproportionate to your interest
in our performance. If the difficulties disappear within a reasonable time, you, as a
consumer, can demand performance.
Termination:
You can terminate the agreement
with us if the delay is substantial or if we do not deliver the item within the additional
deadline for performance that you have set. However, you cannot terminate the agreement
while the additional deadline is running, unless we have stated that we will not perform within
the deadline.
Compensation:
You can also claim compensation for financial losses you incur as a result of the delay on
our part in accordance with Section 24 of the Consumer Purchase Act.
You must make a claim to us as a complaint in accordance with paragraph 11 of this
contract. The rules on complaints apply in addition to, and independently of, the rules on the
right of withdrawal and any warranties provided by the seller.
13. Your Rights in Case of Deficiency
If the item has a deficiency and this is not your fault or due to circumstances on your part,
you may, depending on the circumstances, withhold the purchase price, choose between
rectification and replacement, demand a price reduction, terminate the agreement, and claim
compensation from the seller in accordance with the provisions of Chapter 6 of the
Consumer Purchase Act.
Rectification or Replacement:
If the item has a deficiency, you can demand that we rectify the deficiency or provide a
replacement item of the same kind. We can oppose your claim if fulfilling the claim is
impossible or would result in unreasonable costs to us.
We shall carry out rectification or replacement within a reasonable time. Rectification or
replacement shall be made at no cost to you, without risk of non-reimbursement of
expenses, and without significant inconvenience to you. We cannot make more than two
attempts at rectification or replacement for the same deficiency unless there are special
reasons that justify further attempts.
Even if you do not demand rectification or replacement, we may offer rectification or
replacement without delay. If we arrange for such rectification or replacement, you cannot
claim a price reduction or termination.
Price Reduction:
If the deficiency is not rectified or replaced, you can demand a proportionate price reduction.
Termination:
Instead of a price reduction, you can terminate the agreement, except when the deficiency is
minor.
Compensation:
You can also claim compensation for financial losses you incur as a result of the item having
a deficiency in accordance with Section 33 of the Consumer Purchase Act.
You must make a claim to us as a complaint in accordance with paragraph 11 of this
contract.
14. Our Rights in Case of Buyer’s Default
If you do not pay or fulfill other obligations under the agreement, and this is not your fault or
due to circumstances on your part, we may, depending on the circumstances, withhold the
item, demand performance of the agreement, terminate the agreement, and claim
compensation from you in accordance with the provisions of Chapter 9 of the Consumer
Purchase Act. We may also, depending on the circumstances, demand interest for late
payment, collection fees, and fees for unpaid, non-prepaid, undelivered items.
Performance:
If you do not pay, we can insist on the purchase and demand that you pay the purchase
price (performance). If the item has not been delivered, we lose this right if we wait an
unreasonably long time to make the claim.
Termination:
In case of significant non-payment or other substantial breach of contract on your part, we
may terminate the agreement. However, we cannot terminate the agreement after the
purchase price has been paid.
We can also terminate the purchase if you do not pay within a reasonable additional
deadline for performance that we have set. However, we cannot terminate while the
additional deadline is running unless you have stated that you will not pay.
Compensation:
We can claim compensation from you for financial losses we incur as a result of your breach
of contract in accordance with Section 46 of the Consumer Purchase Act.
You must make a claim to us as a complaint in accordance with paragraph 11 of this
contract. The rules on complaints apply in addition to, and independently of, the rules on the
right of withdrawal and any warranties provided by the seller.
15. Warranty
Warranties provided by us as the seller or manufacturer give you rights in addition to the
rights you already have under mandatory legislation. A warranty does not limit your right to
make a complaint and claim in case of delay or defects under paragraphs 12 and 13.
16. Personal Data
Unless you consent otherwise, we can only collect and store the personal data necessary for
us to fulfill our obligations under the agreement. Personal data of buyers under the age of 15
cannot be collected without the consent of parents or guardians. Your personal data will only
be disclosed to others if necessary for us to fulfill the agreement with you or in legally
mandated cases.
If we want to use your personal data for other purposes, such as sending you
advertisements or information beyond what is necessary to fulfill the agreement, we must
obtain your consent at the time of the agreement. We must provide you with information
about how the personal data will be used and by whom. Your consent must be voluntary and
given through an active action, such as checking a box.
You should be able to easily contact us, for example, by phone or email, if you have
questions about our use of personal data or if you want us to delete or change your personal
data.
17. Conflict Resolution
The parties shall attempt to resolve any disputes amicably.
You can contact the Consumer Council for assistance in case of a dispute with us. If an
amicable settlement is not reached after mediation by the Consumer Council, the parties
may, in writing, request that the Consumer Disputes Board submit the dispute to the
Consumer Disputes Board. Decisions of the Consumer Disputes Board become legally
binding four weeks after service. Before the decision becomes legally binding, the parties, by
submitting a summons to the Consumer Disputes Board, may refer the decision to the
District Court.
Please note that this translation is provided for informational purposes and may not be
legally binding. It is recommended to consult the original terms and, if necessary, seek legal
advice for any specific legal matters or disputes.