Terms of Sale

The terms of sale and details of your order will be sent to you by email as an order confirmation. Together, this constitutes the contractual basis for the purchase. These terms of sale and other information on https://safedrive.no are only available in Norwegian.

To be able to shop on https://safedrive.no you must be 18 years of age or older.

Where these terms and conditions of sale require written form, this is fulfilled through the use of e-mail, SMS, letter or similar.

The agreement consists of these terms of sale, information provided in the ordering solution and any separately agreed-upon terms. In the event of any contradiction between the information, what has been specifically agreed between the parties takes precedence, provided that it does not conflict with mandatory legislation.

The agreement will also be supplemented by relevant legal provisions governing the purchase of goods between traders and consumers.

The seller is Safedrive AS,

• Havnegata 1
• 7800 Namsos
• e-mail: [email protected]
• tel: 902 69 141
• org. no: NO917086885MVA

Safedrive AS is hereinafter referred to as the seller/seller. The buyer is the consumer who places the order, and is referred to below as the buyer/buyer.

The stated price for the goods and services is the total price the Buyer will pay for the product purchased in the Online Store. This price does not include the license required to use Safedrive's alert service and/or Fine Guarantee. Additional costs that the Seller has not informed the Buyer of prior to the purchase shall not be borne by the Buyer.

The agreement is binding on 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 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.

The Seller may demand payment for the goods from the time the order is confirmed by the Seller.

If the buyer uses a credit card or debit card for payment, the seller can reserve the purchase price on the card when ordering. The card will be charged on the same day as the order is confirmed.

When paying by invoice, the invoice is issued to the buyer upon shipment of the goods. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt.

Buyers under the age of 18 cannot pay with a subsequent invoice.

Delivery is deemed to have taken place when the buyer, or his representative, has taken possession of the goods.

If the time of delivery is not 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 order from the customer. The goods shall be delivered to the buyer unless otherwise specifically agreed between the parties.

Product risk is assumed by the buyer as soon as the item is taken over by the buyer or his/ her representative in accordance with clause 6.

Unless the contract is exempt from the right to cancel, the buyer may cancel the order in accordance with the Cancellation Act.

The buyer must notify the seller of the use of the right of withdrawal within 14 days from the start of the deadline. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday or holiday, the deadline is extended to the next working day.

The cancellation period deadline is considered to have been met if notification is sent before the expiry of the deadline. The buyer has the burden of proof that the right to cancel has been exercised, and the notification should therefore be made in writing (cancellation form, e-mail or letter)

The cancellation period deadline begins to run:

• For purchases of individual items, the cancellation period will run from the day after the item(s) are received.
• If a license is sold, or if the agreement involves regular delivery of identical goods, the deadline runs from the day after the first shipment is received.
• If the purchase consists of several deliveries, the cancellation period will run from the day after the last delivery is received.
• The cancellation period is extended to 12 months after the expiry of the original deadline if the seller does not inform the buyer of the existence of a right to cancel and a standardized cancellation form prior to the conclusion of the contract. The same applies if the terms, deadlines and procedures for exercising the right to cancel are not provided. If the trader provides the information during these 12 months, the cancellation period expires 14 days after the day the buyer receives the information.

When exercising the right to cancel, the goods must be returned to the seller without undue delay and no later than 14 days from the notification of use of the right of cancellation.

The Buyer covers the direct costs of returning the goods, unless otherwise agreed or the Seller has failed to state that the Buyer shall cover the return costs. The seller cannot set a fee for the buyer's use of the right to cancel.

The buyer may try or test the goods in a proper manner to determine the nature, properties and function of the goods, without the right to cancel lapsing. If the trial or test of the goods goes beyond what is reasonable and necessary, the buyer may be liable for any reduced value of the goods.

The seller is obliged to repay the purchase price to the buyer without undue delay, and no later than 14 days from the seller being notified of the buyer's decision to exercise the right to cancel. The seller is entitled to withhold payment until he has received the goods from the buyer, or until the buyer has presented documentation that the goods have been returned.

If the seller does not deliver the goods or delivers them too late in accordance with the agreement between the parties, and this is not due to the buyer or circumstances on the buyer's part, the buyer may, depending on the circumstances, withhold the purchase price, demand performance, terminate the agreement and/or claim compensation from the seller in accordance with the rules in Chapter 5 of the Consumer Purchase Act.

In the event of a claim for remedies for breach of contract, the notification should be in writing (e.g. e-mail) for evidentiary reasons.

Fulfillment

The Buyer may maintain the purchase and demand fulfilment from the Seller. However, the Buyer may not demand fulfilment if there is an obstacle that the Seller cannot overcome, or if fulfilment would cause such great inconvenience or cost to the Seller that it is significantly disproportionate to the Buyer's interest in having the seller fulfill the agreement. Should the difficulties disappear within a reasonable time, the buyer may nevertheless demand fulfilment.

The buyer loses his or her right to demand fulfilment if he or she waits unreasonably long to make the claim.

Cancellation

If the seller does not deliver the goods at the time of delivery, the buyer shall encourage the seller to deliver within a reasonable additional period for fulfillment. If the seller does not deliver the goods 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 goods. The same applies if delivery at the agreed time was decisive for the conclusion of the agreement, or if the buyer has informed the seller that the time of delivery is decisive.

If the item is delivered after the additional deadline set by the consumer or after the time of delivery that was decisive for the conclusion of the agreement, a claim for rescission must be asserted within a reasonable time after the buyer became aware of the delivery.

Compensation

The Buyer may claim compensation for any loss suffered as a result of the delay. However, this does not apply if the Seller proves that the delay is 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 the consequences of.

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 that he or she intends to invoke the defect. The buyer has always made a timely complaint if it is made within 2 months of the defect being discovered or should have been discovered. Complaints can 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 deadline is five years.

If the goods have a defect and this is not due to the buyer or circumstances on the buyer's part, the buyer may, according to the rules in Chapter 6 of the Consumer Purchases Act, withhold the purchase price, choose between rectification and replacement, claim a price reduction, cancellation of the agreement and/or claim compensation from the seller.

Complaints to the seller should be made in writing.

Rectification or replacement delivery
The Buyer may choose between demanding that the defect be rectified or delivery of equivalent goods. The Seller may nevertheless oppose the Buyer's claim if the implementation of the claim is impossible or causes the Seller unreasonable costs. Correction or replacement shall be made within a reasonable time. In principle, the Seller is 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 rectified or replaced. This means that the ratio between the reduced and agreed price corresponds to the ratio between the value of the item in its defective and contractual condition. If there are special reasons for doing so, the price reduction may instead be set equal to the significance of the defect for the buyer.

Cancellation

If the goods have not been corrected or replaced, the buyer may also cancel the purchase if the defect is not insignificant.

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 part, the seller may, in accordance with the rules in Chapter 9 of the Consumer Purchases Act, retain the goods, demand performance of the agreement, demand termination of the agreement and claim compensation from the buyer. The seller may also, depending on the circumstances, claim interest in the event of late payment, collection fees and a reasonable fee for unclaimed goods.

Fulfillment

The seller can maintain the purchase and demand that the buyer pays the purchase price. If the goods have not been delivered, the seller loses his right if he waits unreasonably long to make the claim.

Cancellation

The Seller may terminate the agreement if there is a material default of payment or other material breach on the part of the Buyer. However, the Seller may not terminate the contract if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for fulfillment 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 charge interest on the purchase price in accordance with the Late Payment Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to the Buyer may then be held liable for fees under the Debt Collection Act.

Fees for uncollected, non-prepaid items

If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee shall cover a maximum of the seller's actual expenses for delivering the goods to the buyer. Such a fee cannot be charged to buyers under the age of 18.

A warranty provided by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A warranty thus does not entail any restrictions on the buyer's right to complaints and claims in the event of delay or defects under sections 9 and 10.

The data controller for the personal data collected is the seller. Unless the buyer consents otherwise, the seller may, in accordance with the Personal Data Act, only collect and store the personal data that is 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 perform the agreement with the buyer, or in statutory cases.

Complaints shall be addressed to the Seller within a reasonable time, cf. clauses 9 and 10. The parties shall attempt to resolve any disputes amicably. If this does not succeed, the buyer may contact the Consumer Council for mediation. The Consumer Council is available by telephone on 23 400 500 or www.forbrukerradet.no.