Terms of sale for consumer purchases of goods over the internet

Introduction:

This purchase is regulated by the below standard sales conditions for consumer purchases of goods over the internet. Consumer purchases over the internet are mainly regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Cancellation Act and the E-Commerce Act, these laws give the consumer inalienable rights. The laws are available at www.lovdata.no. The terms of this agreement are not to be understood as any limitation in the statutory rights, but set out the parties' most important rights and obligations for the trade.

Agreement:

The agreement consists of these terms and conditions of sale, information provided in the ordering solution and any separately agreed terms. In the event of any conflict between the information, what is separately agreed between the parties takes precedence, as long as it does not conflict with non-derogable legislation.

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

The parties:
Click on the link for sales conditions for each individual company

The seller is Rapida Trening AS registration number 911 821 087 or a subsidiary;
Rapida Balanse AS organization no 992 242 795
Rapida Alstad AS organization no 923 018 727
Rapida Meierikvartalet AS organization no 923 018 484
Rapida Sports Center AS organization no 914 769 264 
Rapida Sales AS registration number 829 395 282
Rapida Sumo Sulitjelma registration number 922432840

Contact information
Notveien 17, 8013 Bodø
post@rapida.no, 75580000.

Buyer is the consumer who makes the order, and is referred to hereafter as the buyer/buyer.

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. Additional costs that the seller has not informed about before the purchase shall not be borne by the buyer.

Agreement conclusion:

The agreement is binding for both parties when the buyer has confirmed the order/payment in Vipps.

The agreement is nevertheless not binding if there has been a typing or typing error in the offer from the seller in the ordering solution in the application or in the buyer's order, and the other party realized or should have realized that there was such an error.

The payment:

The seller can demand payment for the item at the time the order is confirmed by the buyer in Vipps. When paying with Vipps, the customer is responsible for the correct amount. The account entered on Vipps will be debited on the same day that the order is reserved.  

Delivery:

Delivery has taken place when the buyer, or the buyer's representative, has received confirmation of purchase.

The buyer is responsible for checking that the item has been delivered in the Application, and that the buyer has access to this item.

Right of withdrawal:

Unless the agreement is exempt from the right of cancellation, the buyer can cancel the purchase of the goods in accordance with the Right of Cancellation Act.

Purchases of group lessons, PT lessons and other timed purchases are exempt from the right of withdrawal. Cf. Law of Appeal Section 2, letter g and cf. Law of Appeal Section 22, letter m.

The buyer must notify the seller of using the right of withdrawal within 14 days of the deadline starting to run. The deadline includes all calendar days. If the deadline ends on a Saturday, holiday or bank holiday, the deadline is extended to the nearest working day.

The withdrawal period is deemed to have been complied with if the notification is sent before the end of the period. The buyer has the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be made in writing (right of withdrawal form, e-mail or letter).

The cancellation period starts to run:

• When purchasing individual items, the cancellation period will run from the day after the item(s) have been received.
• If a subscription is sold, or 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 has been received.

The withdrawal period is extended to 12 months after the end of the original period if the seller does not inform the seller before the conclusion of the agreement that there is a right of withdrawal and a standardized withdrawal form. The same applies to a lack of information about terms, deadlines and procedures for using the right of withdrawal. If the trader makes sure to provide the information during these 12 months, the cancellation period still expires 14 days after the day the buyer received the information.

The seller is obliged to repay the purchase price to the buyer without undue delay, and no later than 14 days from the seller receiving notification of the buyer's decision to exercise the right of withdrawal.

Delays and non-delivery - the buyer's rights and deadline for reporting 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 of the Consumer Purchase Act, chapter 5, depending on the circumstances, withhold the purchase price, demand performance, terminate the agreement and/or demand compensation from the seller.

In the case of claims for default powers, the notification should be in writing (for example e-mail) for reasons of evidence.

Fulfillment

The buyer can maintain the purchase and demand 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. Should the difficulties disappear within a reasonable time, the buyer can still demand fulfillment.

The buyer loses his right to demand fulfillment if he or she waits an unreasonably long time to make the claim.

Elevation

If the seller does not deliver the goods at the time of delivery, the buyer must call on the seller to deliver within a reasonable additional deadline for fulfillment. If the seller does not deliver the goods within the additional deadline, the buyer can cancel the purchase.

However, the buyer can cancel the purchase immediately if the seller refuses to deliver the item. The same applies if delivery at the agreed time was decisive for the conclusion of the agreement, or if the buyer has notified the seller that the time of delivery is decisive.

If the thing is delivered after the additional deadline the consumer has set or after the time of delivery which was decisive for the conclusion of the agreement, a claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.

Replacement

The buyer can claim compensation for a slight loss 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.

Defects in the product - the buyer's rights and complaint deadline:

If there is a defect in the goods, the buyer must, within a reasonable time after it was discovered or should have been discovered, notify the seller that he or she wants to claim the defect. The buyer has always complained in sufficient time if it happens within 2 months of the defect being discovered or should have been discovered.

If the item has a defect and this is not due to the buyer or conditions on the buyer's side, the buyer may, in accordance with the rules in the Consumer Purchase Act, chapter 6, depending on the circumstances, withhold the purchase price, choose between rectification and redelivery, demand a price reduction, demand the contract terminated and/or demand compensation from the seller.

Correction or redelivery

The buyer can choose between demanding that the defect be rectified or delivery of similar items. The seller can nevertheless object to the buyer's claim if the implementation of the claim is impossible or causes the seller unreasonable costs. Correction or redelivery must be made within a reasonable time. In principle, the seller does not have the right to make more than two remedial attempts for the same defect.

Price reduction

The buyer can claim an appropriate price reduction if the item is not corrected or re-delivered. This means that the ratio between the reduced and agreed price corresponds to the ratio between the item's value in defective and contractual condition. If there are special reasons for this, the price discount can instead be set equal to the significance of the defect for the buyer.

Elevation

If the item has not been corrected or re-delivered, the buyer can also cancel the purchase if the defect is not insignificant.

The seller's rights in the event of the 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, 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 as well as claim compensation from the buyer. The seller will also be able, depending on the circumstances, to demand interest for late payment, debt collection fees and a reasonable fee for uncollected 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 an unreasonably long time to make the claim.

Elevation

The seller can terminate the agreement if there is a significant payment default or other significant default on the part of the buyer. The seller cannot withdraw 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 can cancel the purchase.

Interest in case of 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 Late Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to the Buyer, who may then be held liable for fees in accordance with the Debt Collection Act.

Fee for uncollected, non-prepaid goods

If the buyer fails to collect unpaid goods, the seller can charge the buyer a fee. 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.

Warranty:

A warranty given by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under non-derogable legislation. A guarantee thus implies no restrictions on the buyer's right to complaint and claim in the event of delay or defects according to points 9 and 10.

Personal data:

The controller for collected personal data is the seller. Unless the buyer agrees to something else, the seller, in line with the Personal Data Act, can only obtain and store the personal data that is necessary for the seller to be able to carry out the obligations under the agreement. The buyer's personal data will only be disclosed to others if it is necessary for the seller to complete the agreement with the buyer, or in statutory cases.

Conflict resolution:

Complaints must be addressed to the seller within a reasonable time, cf. points 9 and 10. The parties must try to resolve any disputes amicably. If this is not successful, the buyer can contact the Norwegian Consumer Protection Authority for mediation. The Norwegian Consumer Protection Agency is available on 23 40 06 00.

The European Commission's complaints portal can also be used if you wish to lodge a complaint. It is particularly relevant if you are a consumer living in another EU country. The complaint is filed here: http://ec.europa.eu/odr.