Terms and Conditions
This purchase is regulated by the standard terms and conditions for consumer purchases of goods over the Internet listed below. Consumer purchases over the Internet are primarily regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Right of Withdrawal Act, and the E-commerce Act, and these laws provide the consumer with inalienable rights. The laws are available at www.lovdata.no. The terms of this agreement shall not be construed as a limitation of statutory rights but set out the parties' most important rights and obligations for the transaction.
The terms and conditions of sale have been prepared and recommended by the Norwegian Consumer Authority. For a better understanding of these terms and conditions of sale, see the Norwegian Consumer Authority's guide here.
1. The Agreement
The agreement consists of these terms and conditions of sale, information provided in the ordering solution, and any separately agreed terms. In case of any conflict between the information, what has been specifically agreed between the parties takes precedence, unless it conflicts with mandatory legislation.
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 Mooz AS,
c/o Account Group AS, Loe bruk 9, 3300 Hokksund
(PS: This is not a return address)
Organization number: 935 571 049
Email: kundeservice@mooz.no
In the following, the company is referred to as "seller" or "the seller."
3. Price
The stated price for the goods and services is the total price the buyer must pay. This price includes all fees and additional costs. The buyer shall not bear additional costs that the seller has not informed about before the purchase.
4. Conclusion of the Agreement
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 typing or typographical error in the offer from the seller in the online store's ordering solution or in the buyer's order, and the other party realized or should have realized that such an error existed.
5. Payment
The seller may require payment for the item from the time it is dispatched from the seller to the buyer.
If the buyer uses a credit card or debit card for payment, the seller may reserve the purchase amount on the card upon ordering. The card will be charged on the same day the item is dispatched.
For invoice payments, the buyer's invoice will be issued upon dispatch of the item. The payment due date is stated on the invoice and is a minimum of 14 days from receipt.
Buyers under 18 years of age cannot pay by subsequent invoice.
6. Delivery
Delivery has taken place when the buyer, or their representative, has taken possession of the item.
Unless a delivery time is specified in the ordering solution, the seller shall deliver the item to the buyer without undue delay and no later than 30 days after the customer's order. The item shall be delivered to the buyer unless otherwise specifically agreed between the parties.
7. Risk of the Goods
The risk of the goods passes to the buyer when they, or the buyer's representative, have received the goods in accordance with point 6.
8. Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may cancel the purchase of the item in accordance with the Right of Withdrawal Act.
The buyer must notify the seller of the exercise of the right of withdrawal within 14 days from the date the period begins. All calendar days are included in the period. If the period ends on a Saturday, public holiday, or national holiday, the period is extended to the next business day.
The withdrawal period is considered observed if the notification is sent before the expiry of the period. The buyer bears the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be in writing (withdrawal form, email, or letter).
The withdrawal period begins to run:
For purchases of individual items, the withdrawal period will run from the day after the item(s) are received.
If a subscription is sold, or if the agreement involves regular delivery of identical items, the period runs from the day after the first shipment is received.
If the purchase consists of multiple deliveries, the withdrawal period will run from the day after the last delivery is received.
The withdrawal period is extended to 12 months after the expiry of the original period if the seller has not, before the agreement was entered into, informed about the right of withdrawal and provided a standardized withdrawal form. If the seller provides this information within 12 months, the period will still expire 14 days after the buyer received the information.
Hygiene Exception
For goods that, for reasons of health protection or hygiene, are not suitable for return, the right of withdrawal lapses if the seal is broken after delivery, cf. section 22, letter g of the Right of Withdrawal Act.
Returns upon exercising the right of withdrawal
When exercising the right of withdrawal, the item must be returned to the seller without undue delay and no later than 14 days after notification of the exercise of the right of withdrawal has been given.
The buyer covers the direct costs of returning the item.
The seller cannot demand other fees for exercising the right of withdrawal.
9. Subscription without commitment and purchase obligation
Shopping with us should be easy and straightforward. Mooz offers products on an ongoing subscription basis, so you receive deliveries directly to your mailbox, ensuring you never run out of the product.
Upon ordering, you will receive the first package at the current price, currently 499 NOK. Thereafter, you will receive a delivery every 30 days at 499 NOK per delivery. Introductory discounts may occur periodically.
We have no binding period, and you can cancel your subscription at any time. Cancellation can be done by logging into your account or by contacting customer service. Upon cancellation, the subscription will be stopped immediately, and you will not be charged further.
10. Delay and non-delivery - buyer's rights and deadline for making claims
If the seller does not deliver the item or delivers it too 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, in accordance with the rules in Chapter 5 of the Consumer Purchases Act, depending on the circumstances, withhold the purchase price, demand performance, cancel the agreement, and/or demand compensation from the seller.
In case of claims for breach of contract remedies, the notification should be in writing (e.g., email) for evidentiary purposes.
Performance
The buyer can 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 such a significant inconvenience or cost to the seller that it is disproportionate to the buyer's interest in the seller's performance. Should the difficulties cease within a reasonable time, the buyer can still demand performance.
The buyer loses their right to demand performance if they wait an unreasonably long time to make the claim.
Cancellation
If the seller does not deliver the item at the time of delivery, the buyer shall urge the seller to deliver within a reasonable additional deadline for performance. If the seller does not deliver the item within the additional deadline, the buyer may cancel the purchase.
However, the buyer may cancel the purchase immediately if the seller refuses to deliver the item. The same applies if delivery at the agreed time was crucial for entering into the agreement, or if the buyer has informed the seller that the delivery time is crucial.
If the item is delivered after the additional deadline set by the consumer or after the delivery time that was crucial for entering into the agreement, a claim for cancellation must be made 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.
11. Defect in the Goods - Buyer's Rights and Claim Deadline
If there is a defect in the goods, the buyer must notify the seller that they wish to claim the defect within a reasonable time after it was discovered or should have been discovered. A claim is always made in time if it occurs within 2 months from when the defect was discovered or should have been discovered. A claim can be made no later than two years after the buyer took over the goods. If the goods or parts of them are intended to last significantly longer than two years, the claim 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, in accordance with the rules in Chapter 6 of the Consumer Purchases Act, depending on the circumstances, withhold the purchase price, choose between rectification and redelivery, demand a price reduction, demand the agreement be cancelled, and/or demand compensation from the seller.
Complaints to the seller should be made in writing.
Rectification or Redelivery
The buyer can choose between demanding that the defect be rectified or that a corresponding item be delivered. However, the seller may object to the buyer's demand if carrying out the demand is impossible or causes the seller unreasonable costs. Rectification or redelivery must 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 item is not rectified or redelivered. This means that the ratio between the reduced and agreed price corresponds to the ratio between the item's value in a defective and contractual state. If special reasons warrant it, the price reduction may instead be set equal to the significance of the defect for the buyer.
Cancellation
If the item is not rectified or redelivered, the buyer may also cancel the purchase when the defect is not insignificant.
12. Seller's Rights in Case of Buyer's Default
If the buyer fails to pay or fulfill other obligations under the agreement or law, and this is not due to the seller or circumstances on the seller's side, the seller may, in accordance with the rules in Chapter 9 of the Consumer Purchases Act, depending on the circumstances, withhold the goods, demand performance of the agreement, demand the agreement be cancelled as well as demand compensation from the buyer. The seller may also, depending on the circumstances, demand interest on late payment, collection fees and a reasonable fee for unclaimed goods.
Performance
The seller can uphold the purchase and demand that the buyer pays the purchase price. If the item has not been delivered, the seller loses their right if they wait an unreasonably long time to make the claim.
Cancellation
The seller may cancel the agreement if there is a substantial payment default or other substantial breach of contract by the buyer. However, the seller cannot cancel if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for performance and the buyer does not pay within this deadline, the seller may cancel the purchase.
Interest on Late Payment/Collection Fees
If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price in accordance with the Late Payment Interest Act. In case of non-payment, the claim may, after prior warning, be sent for collection. The buyer may then be held responsible for fees in accordance with the 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 at most cover 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.
13. Warranty
A warranty given by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A warranty therefore does not imply any limitation on the buyer's right to claim for delay or defects under clauses 9 and 10.
14. Personal Data
The data controller for collected personal data is the seller. Unless the buyer consents to something else, the seller may, in accordance with the Personal Data Act, only collect and store the personal data necessary for the seller to fulfill its obligations under the agreement. The buyer's personal data will only be disclosed to others if it is necessary for the seller to fulfill the agreement with the buyer, or in cases stipulated by law.
14. Dispute Resolution
Complaints should be directed to the seller within a reasonable time, cf. points 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is unsuccessful, the buyer may contact the Norwegian Consumer Authority for mediation. The Norwegian Consumer Authority is available by phone at 23 400 600 or www.forbrukertilsynet.no.
The European Commission's complaints portal can also be used if you wish to submit a complaint. This is particularly relevant if you are a consumer residing in another EU country. The complaint can be submitted here: http://ec.europa.eu/odr.
