Terms of Service
Terms and Conditions for Use of TheRaveFather
Welcome to TheRaveFather! These terms and conditions ("Terms") govern your use of our website and the purchase of products through our online store. By using our website and placing an order, you agree to be bound by these Terms.
Introduction This purchase is governed by the following standard terms and conditions for consumer purchases of goods over the internet. Consumer purchases over the internet are primarily regulated by the Norwegian Contract Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Cancellation Act, and the E-commerce Act, all of which provide consumers with non-waivable rights. These laws are available at www.lovdata.no. The terms of this agreement shall not be understood as limiting the statutory rights of consumers but rather as setting out the main rights and obligations of the parties in the transaction.
The terms and conditions have been prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these terms, please refer to the Norwegian Consumer Authority's guide here.
1. The Agreement The agreement consists of these terms and conditions, the information provided in the ordering solution, and any specially agreed terms. In the event of a conflict between these, any specially agreed terms between the parties shall prevail, provided they do not contravene mandatory legal provisions.
The agreement will also be supplemented by relevant legal provisions regulating the purchase of goods between businesses and consumers.
2. The Parties The seller is TheRaveFather, Østerveien 14, 4631 Kristiansand, Norway, info@ravefather.com, +47 28 13 52, company registration number 927 217 007, referred to hereafter as the seller.
The buyer is the consumer placing the order, referred to hereafter as the buyer.
3. Price The stated price for the goods and services is the total price the buyer must pay. This price includes all taxes and additional costs. Any additional costs that the seller did not inform the buyer of before the purchase shall not be borne by the buyer.
4. Agreement Formation The agreement is binding for both parties when the buyer has sent their order to the seller.
However, the agreement is not binding if there has been a typographical or clerical error in the seller's offer in the ordering solution on the website or in the buyer's order, and the other party realized or should have realized that such an error had occurred.
5. Payment The seller may require payment for the goods from the time they are dispatched from the seller to the buyer.
If the buyer uses a credit or debit card for payment, the seller may reserve the purchase amount on the card at the time of ordering. The card will be charged on the same day the goods are dispatched.
If payment is made by invoice, the invoice will be issued to the buyer upon dispatch of the goods. The payment deadline is specified on the invoice and is a minimum of 14 days from receipt.
Buyers under the age of 18 cannot pay with a subsequent invoice.
6. Delivery Delivery occurs when the buyer, or their representative, has taken possession of the goods.
If no delivery time is stated in the ordering solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the customer's order. The goods shall be delivered to the buyer unless otherwise agreed between the parties.
7. Risk of the Goods The risk of the goods passes to the buyer when they, or their representative, have taken possession of the goods in accordance with section 6.
8. Right of Withdrawal Unless the agreement is exempt from the right of withdrawal, the buyer may cancel the purchase of the goods in accordance with the Right of Cancellation Act.
The buyer must notify the seller of their intention to use the right of withdrawal within 14 days from the start of the withdrawal period. All calendar days are included in this period. If the period ends on a Saturday, public holiday, or other non-working day, the period is extended to the nearest working day.
The withdrawal period is considered complied with if the notification is sent before the period expires. The buyer has the burden of proof that the right of withdrawal has been exercised, so the notification should preferably be made in writing (withdrawal form, email, or letter).
The withdrawal period begins to run:
- For the purchase of individual items, from the day after the item(s) are received.
- For the sale of a subscription or an agreement involving the regular delivery of identical items, from the day after the first shipment is received.
- For a purchase consisting of multiple deliveries, from the day after the last delivery is received.
The withdrawal period is extended to 12 months after the original period expires if the seller does not provide the buyer with information about the right of withdrawal and the standardized withdrawal form before the agreement is entered into. Similarly, if information about the conditions, deadlines, and procedures for exercising the right of withdrawal is not provided. If the seller provides the information within these 12 months, the withdrawal period will still expire 14 days after the buyer receives the information.
When using the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days after the notice of withdrawal has been given. The buyer covers the direct costs of returning the goods unless otherwise agreed or the seller has failed to inform the buyer that the buyer must bear the return costs. The seller may not charge a fee for the buyer's use of the right of withdrawal.
The buyer may inspect or test the goods in a responsible manner to determine the nature, properties, and functionality of the goods, without losing the right of withdrawal. If the inspection or testing of the goods exceeds what is necessary and reasonable, the buyer may be liable for any reduction in the value of the goods.
The seller is obligated to refund the purchase amount to the buyer without undue delay and no later than 14 days after the seller received notice of the buyer's decision to exercise the right of withdrawal. The seller has the right to withhold payment until they have received the goods from the buyer, or until the buyer has provided documentation that the goods have been returned.
9. Delay and Non-Delivery - Buyer’s Rights and Deadlines for Filing Claims If the seller does not 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, according to the provisions of Chapter 5 of the Norwegian Consumer Purchases Act, withhold payment, demand performance, terminate the agreement, and/or claim compensation from the seller.
In the event of a claim for breach of contract, the notification should preferably be in writing (for example, via email) for evidence purposes.
Performance The buyer may uphold the purchase and demand performance from the seller. However, the buyer cannot demand performance if there is an obstacle that the seller cannot overcome, or if performance would cause the seller such a large inconvenience or expense that it would be disproportionate to the buyer’s interest in having the seller perform. Should the difficulties disappear within a reasonable time, the buyer may still demand performance.
The buyer loses the right to demand performance if they wait unreasonably long to make the demand.
Termination If the seller does not deliver the goods by the delivery time, the buyer shall encourage the seller to deliver within a reasonable additional period of performance. If the seller does not deliver the goods within the additional period, the buyer may terminate the purchase.
However, the buyer may terminate the purchase immediately if the seller refuses to deliver the goods. The same applies if delivery at the agreed time was crucial for the conclusion of the agreement, or if the buyer has informed the seller that the delivery time is crucial.
If the goods are delivered after the additional period set by the consumer or after the delivery time that was crucial for the conclusion of the agreement, the buyer must make a claim for termination within a reasonable time after the buyer became aware of the delivery.
Compensation The buyer may claim compensation for losses suffered as a result of the delay. However, this does not apply if the seller proves that the delay was due to an obstacle beyond the seller's control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome its consequences.
10. Defective Goods - Buyer’s Rights and Deadline for Complaints If there is a defect in the goods, the buyer must notify the seller within a reasonable time after it was discovered or should have been discovered, stating that they wish to invoke the defect. The buyer has always complained in time if this occurs within 2 months of the defect being discovered or should have been discovered. Complaints may be made no later than two years after the buyer took possession of the goods. If the goods or parts of them are intended to last significantly longer than two years, the complaint period is five years.
If the goods have a defect and this is not due to the buyer or circumstances on the buyer’s side, the buyer may, according to the provisions of Chapter 6 of the Norwegian Consumer Purchases Act, withhold payment, choose between repair and replacement, demand a price reduction, demand termination of the agreement, and/or claim compensation from the seller.
Complaints to the seller should be made in writing.
Repair or Replacement The buyer may choose between demanding that the defect be rectified or that a corresponding item be delivered. However, the seller may oppose the buyer’s demand if fulfillment of the demand is impossible or would impose unreasonable costs on the seller. The repair or replacement shall be carried out within a reasonable time. The seller is generally not entitled to make more than two attempts to remedy the same defect.
Price Reduction The buyer may demand an appropriate price reduction if the goods are not repaired or replaced. This means that the ratio between the reduced and the agreed price corresponds to the ratio between the value of the goods in defective and contractual condition. If there are special reasons, the price reduction may instead be set equal to the significance of the defect for the buyer.
Termination If the goods are not repaired or replaced, the buyer may also terminate the purchase when the defect is not insignificant.
11. Seller’s Rights in the Event of Buyer’s Default If the buyer does not pay or fulfill the other obligations under the agreement or the law, and this is not due to the seller or circumstances on the seller's side, the seller may, according to the provisions of Chapter 9 of the Norwegian Consumer Purchases Act, withhold the goods, demand fulfillment of the agreement, demand termination of the agreement, and claim compensation from the buyer. The seller may also, under certain circumstances, demand interest on late payments, collection fees, and a reasonable fee for unclaimed goods.
Fulfillment The seller may uphold the purchase and demand that the buyer pay the purchase amount. If the goods have not been delivered, the seller loses the right if they wait unreasonably long to make the demand.
Termination The seller may terminate the agreement if there is significant payment default or other significant breach of contract on the part of the buyer. However, the seller may not terminate the agreement if the entire purchase amount has been paid. If the seller sets a reasonable additional period for performance and the buyer does not pay within this period, the seller may terminate the purchase.
Interest on Late Payment/Collection Fees If the buyer does not pay the purchase amount according to the agreement, the seller may charge interest on the purchase amount according to the Norwegian Act on Interest on Late Payments. In the event of non-payment, the claim may be sent to collection after prior notice. The buyer may then be held liable for fees according to the Norwegian Debt Collection Act.
Fee for Unclaimed Non-Prepaid Goods If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. 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 18 years of age.
12. Warranty A warranty provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory law. A warranty, therefore, does not limit the buyer’s right to complaint and claims for delay or defects according to sections 9 and 10.
13. Personal Data The seller is responsible for the collected personal data. Unless the buyer consents otherwise, the seller may, in accordance with the Norwegian Personal Data Act, only collect and store the personal data necessary for the seller to fulfill their obligations under the agreement. The buyer's personal data will only be disclosed to others if necessary for the seller to fulfill the agreement with the buyer, or in cases required by law.
14. Dispute Resolution Complaints should be addressed to the seller within a reasonable time, cf. sections 9 and 10. The parties shall attempt to resolve any disputes amicably. If this fails, the buyer may contact the Norwegian Consumer Authority for mediation. The Norwegian Consumer Authority can be reached by phone at 23 400 600 or at www.forbrukertilsynet.no.
The European Commission's online dispute resolution platform can also be used if you wish to file a complaint. This is particularly relevant if you are a consumer residing in another EU country. The complaint can be filed here: http://ec.europa.eu/odr.