Terms and conditions
Applies to customers who order food and drink in the restaurant, catering, takeaway or online store items.
Our terms and conditions follow and are in accordance with current legislation i
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1 The Agreement
The agreement between buyer and seller consists of the information the seller provides about the purchase in the ordering solution in the online store (including, among other things, information about the nature, quantity, quality, other properties, price and delivery conditions of the goods), any direct correspondence between the parties (e.g. e-mail) as well as these conditions of sale. In the event of a conflict between the information the seller has provided about the purchase in the order solution in the online store, direct correspondence between the parties and the conditions in the sales conditions, direct correspondence between the parties and the information provided in the order solution takes precedence over the sales conditions, as long as it does not conflict with binding legislation.
2 The parties
Seller:
Mr & Mrs AS
Organization number:
997097777
Contact Information:
Contact person: Christian Wernersen
Telephone number: +47 40 00 99 60
Email address: post @ herrogfru . no
Address: Ørsnesalleen 31 - 3120 Nøtterøy - Norway
Buyer:
the person who makes the order
3 Prices
The prices stated in the online shop include VAT. Information about the total costs the buyer must pay, including all taxes (value added tax, customs, etc.) and delivery costs (freight, postage, invoice fees, packaging etc.) as well as specifying the individual elements in the total price, is given in the order solution before the order is placed and carried out.
4 Conclusion of agreement
The agreement is binding for both parties when the buyer's order has been received by . A party is nevertheless not bound by the agreement if there has been a writing or typing error in the offer from the seller in the ordering solution in the online store or in the buyer's order, and the other party realized or should have realized that there was such an error.
5 Order confirmation
Once the buyer's order has been received, the buyer must confirm the order without undue delay by sending an order confirmation to the buyer. It is recommended that the buyer checks that the order confirmation agrees with the order with regard to quantity, product type, price, etc. If there is a discrepancy between the order and the order confirmation, the buyer should contact as soon as possible.
6 Payment
can demand payment for the item from the time it is sent from the warehouse to the buyer. When paying by credit card, the Act on credit purchases etc. come into use. If you offer invoicing, the invoice must be issued to the buyer when the goods are dispatched. Has a special need to demand advance payment from the buyer, can demand this.
7 Delivery
Delivery of the goods from to the buyer takes place in the manner, at the place and at the time specified in the order solution in the online store or in other correspondence between the parties. If the delivery time is not stated in the order solution, the goods must be delivered to the buyer within a reasonable time. In order to ensure that the goods are sent to the buyer, he is obliged to have the goods transported to the destination in a suitable manner and under normal conditions for such transport. The place of destination is with the buyer, unless otherwise separately agreed between the parties
8 Risk for the item(s)
The risk for the item passes to the buyer when the item has been taken over by the buyer in accordance with the agreement. If the delivery time has arrived and the buyer fails to take over an item that has been placed at his or her disposal according to the agreement, the buyer still bears the risk of loss or damage due to the characteristics of the item itself.
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9 Right of withdrawal when buying online, by phone, by e-mail, at a fair or outside the seller's permanent premises
The right of withdrawal means that the buyer can return the goods to the seller without reason, even if there is no defect in it and even if it has not been delivered. The buyer must notify the seller of the use of the right of withdrawal within 14 days after the goods, the prescribed information on the right of withdrawal and the right of withdrawal form have been received.
The notification from the buyer to the seller about the use of the right of withdrawal should, for reasons of proof, be in writing (right of withdrawal form, e-mail, fax or letter), and it must contain information on how the buyer will return the goods to the seller.
When using the right of withdrawal, the goods must be returned to the seller within a reasonable time. The seller is obliged to repay the entire purchase price to the buyer within 14 days from the day the seller receives the item or collection note or the item is placed at the seller's disposal. The seller cannot set fees for the buyer's use of the right of withdrawal, but the seller can require the buyer to pay the costs of the return shipment. The buyer should return the item to the seller in the original packaging. The buyer cannot regret the purchase of goods that deteriorate quickly, goods that by their nature cannot be returned, or sound and image recordings (including CDs, DVDs) or computer programs where the seal has been broken.
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10 Examination of the item(s)
When the buyer receives the item, it is recommended that he or she examines to a reasonable extent whether it is in accordance with the order, whether it has been damaged during transport or whether it otherwise has defects. If the item does not match the order or has defects, the buyer must notify the seller in the event of a complaint.
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11 Complaints in the event of a deficiency and deadline for reporting a claim in the event of a delay
If there is a defect in the goods, the buyer must, within a reasonable time after he or she discovered it, notify the seller that he or she wants to claim the defect. The deadline can never be shorter than two months from the time when the consumer discovered the defect. Complaints must still be made no later than two years after the buyer took over the item. If the product or parts of it are intended to last significantly longer, the complaint deadline is five years. In the event of a delay, claims must be made to the seller within a reasonable time after the delivery time has arrived and the item has not been delivered.
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12 Buyer's rights in case of delay
If the seller does not deliver the goods or delivers them late in accordance with 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 rules in Chapter 5 of the Consumer Purchase Act, withhold the purchase price, demand performance, cancel the agreement and demand compensation from the seller.
Fulfillment: If the seller does not deliver the goods at the time of delivery, the buyer can maintain the purchase and set a reasonable additional deadline for fulfillment from the seller. However, the buyer cannot demand fulfillment if there is an obstacle that the seller cannot overcome or if fulfillment will cause such a great inconvenience or cost to the seller that it is significantly out of proportion to the buyer's interest in the seller fulfilling. If the difficulties disappear within a reasonable time, the consumer can demand fulfillment.
Termination: The buyer can 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 that the buyer has set. The buyer cannot nevertheless cancel the agreement while the additional deadline is running, unless the seller has said that he or she will not fulfill within the deadline.
Compensation: The buyer can also claim compensation for losses he or she suffers as a result of the delay on the part of the seller, cf. § 24 of the Consumer Purchase Act.
The buyer must report a claim to the seller in the event of a claim, cf. this contract's section on "Complaints in the event of a defect and deadline for reporting a claim in the event of a delay".
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13 Buyer's rights in the event of a defect
If the item has a defect and this is not due to the buyer or circumstances on the buyer's side, the buyer can, in accordance with the rules of the Consumer Purchase Act, chapter 6, withhold the purchase price, choose between rectification and redelivery, demand a price reduction, the demand agreement terminated and compensation from the seller.
Correction or redelivering: If the item has a defect, the buyer can demand that the seller correct the defect or redeliver the corresponding item. The seller can 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 redelivery within a reasonable time. Correction or delivery must be made without cost to the buyer, without the risk that the buyer will not be able to cover his expenses and without significant inconvenience for the buyer. The seller cannot make more than two attempts at correction or redelivery for the same defect, unless there are special reasons that make further attempts reasonable.
Even if the buyer neither requires correction nor redelivery, the seller can offer correction or redelivery if this happens without delay. If the seller arranges for such rectification or redelivery, the buyer cannot demand a price reduction or cancellation.
Price discount: If the defect is not corrected or re-delivered, the buyer can demand a proportionate price discount.
Cancellation: Instead of a price reduction, the buyer can cancel the agreement, except when the defect is immaterial.
Compensation: The buyer can also claim compensation for financial loss he or she suffers as a result of the product having a defect, cf. § 33 of the Consumer Purchase Act.
The buyer must report a claim to the seller in the event of a claim, cf. this contract's clause "Complaint in the event of a defect and deadline for reporting a claim in the event of a delay". 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.
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14 Seller's rights in the event 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 conditions on the seller's side, the seller may, in accordance with the rules in the Consumer Purchase Act, Chapter 9, depending on the circumstances, withhold the goods, demand fulfillment of the agreement, demand the agreement be canceled and compensation from the buyer. The seller may also, depending on the circumstances, be able to demand interest for late payment, debt collection fees and fees for non-prepaid uncollected goods.
Fulfillment: If the buyer does not pay, the seller can maintain the purchase and demand that the buyer pays the purchase price (fulfillment). If the goods are not delivered, the seller loses his right if he waits an unreasonably long time to make the claim. • Termination: In the event of significant payment default or other significant default by the buyer, the seller can terminate the agreement. The seller cannot withdraw after the purchase price has been paid.
The seller can also cancel the purchase if the buyer does not pay within a reasonable additional deadline for fulfillment that the seller has set. However, the seller cannot cancel while the additional period is running, unless the buyer has said that he or she does not want to pay.
Compensation: The seller can claim compensation from the buyer for financial loss he or she suffers as a result of the buyer's breach of contract, cf. Section 46 of the Consumer Purchase Act.
Interest for late payment/collection fee: If the buyer does not pay the purchase price in accordance with the agreement, the seller can claim interest on the purchase price in accordance with the Act on interest for late payment. In the event of non-payment, the claim may, after prior notice, be sent to debt collection, and the buyer may then be held liable for fees in accordance with the law on debt collection activities and other collection of overdue monetary claims.
Fee for uncollected, non-prepaid goods: If the buyer fails to collect unpaid goods, the seller can charge the buyer a fee of NOK 500 + return shipping. The fee shall at most cover the seller's actual outlay for delivering the goods to the buyer. Such a fee cannot be charged to buyers under the age of 18.
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15 Personal information
See separate terms and conditions on our website «Privacy statement»
16 Cookies
See separate terms and conditions on our website «Cookies»
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17 Conflict resolution
The parties shall attempt to resolve any disputes amicably. The buyer can contact the Consumer Council to get assistance in any dispute with the seller. If an amicable solution is not reached after mediation in the Consumer Council, the parties can request in writing that the Consumer Council refer the dispute to the Consumer Dispute Committee. ** Decisions of the Consumer Disputes Committee are legally binding four weeks after notification. Before the decision is legally binding, the parties can, by submitting a summons to the Consumer Disputes Committee, bring the decision before the district court.
** See Act of 01 March 2017 Act on the Consumer Complaint Committee (Consumer Complaints Act).
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