Terms of sales
Term 1 – Definitions
- Cooling off period: the period of time in which the consumer can exercise the right of withdrawal;
- Consumer: a natural person who is acting for purposes which are outside his or her business or profession, and who entered into an distance selling contract with the trader;
- Day: calendar day
- Extended transaction: a distant selling contract concerning a range of products of which the obligation to supply and/or to purchase is spread over time;
- Sustainable medium: any means that enables the consumer or business to store personal addressed information in a way that enables future consultation and unaltered reproduction of the stored information;
- Right of withdrawal: the ability of the consumer to cancel the distance selling contract for the purchase of any item within the cooling off period.
- Trader: the natural or legal person who offers consumers products and/or services at a distance;
- Distance contract: an agreement concerning goods or services between a supplier and a consumer under a, by the trader organised, distance sales or service provision scheme that makes exclusive use of distance communication up to and including the moment at which the contract is made;
- Technology for distance communication: means that can be used to conclude a contract, without the assembly of trader and consumer in the same room.
Term 2 – Identity of the trader
Name of trader: BioActive Foods AS
acting also in the name(s) of: www.1life63.com
Visiting and business address:
Telephone number: +47 400 04 443
From Monday to Friday from 9:00 o’ clock (9 AM) until 16:00 o’ clock (4 PM).
E-Mail address: firstname.lastname@example.org
Organisation number: NO 996 740 498
Term 3 – Applicability
These general conditions apply to every offer of the trader and to all concluded distance agreements between trader and consumer.
Term 4 – The offer
In case an offer is for a limited time or is subject to conditions, this will be explicitly stated in the offer. The offer includes a complete and accurate description of the products offered. The description is sufficiently detailed in order for the consumer to review the product properly. If the trader uses images, these images are true representations of the products and/or services. Obvious mistakes or obvious errors in the offer do not oblige the trader.
Each offer contains such information, that it is clear to the consumer what rights and obligations are interdependent to the acceptance of the offer. In particular, this concerns:
- the price, including taxes;
- if applicable: all delivery costs;
- the way the contract will be concluded and which actions are required to do so;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery and exertion of the agreement;
- the deadline for accepting the offer, or the period of time the trader guarantees the price;
- the rate of communication at distance, in case the costs of technique used for communication at distance differs from the basic rate for the communication source used;
- whether the contract is filed after conclusion, and if so, in which way the consumer can have access to it;
- the way the consumer can check and, if needed, change the data provided in the context of the contract, before concluding the contract;
- any other languages, apart from Norwegian, the contract can be concluded in;
- the codes of conduct to which the trader is subject and the way the consumer can electronically consult these codes;
- the minimum duration of the distance selling contract in the event of an extended transaction.
Term 5 – The contract
The contract is concluded, subject to what is stated in term 4, at the moment the consumer accepts of the offer and meets the corresponding conditions.
If the consumer accepted the offer by electronical means, the trader will immediately confirm the acceptance of the offer by electronical means. Until receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the contract.
If the contract is created electronically, the trader will take appropriate technical and organisational measures to protect the electronical transfer of data and the trader will ensure a secure web environment. If the consumer prefers to pay electronically, the trader will take appropriate safety precautions.
The trader can – within legal frameworks – ensure himself whether the consumer can meet the payment obligation or not, as well as all the facts and factors that are important to a sound conclusion of the distance selling contract. If the trader has legit reasons, based on the results of the investigation, to not conclude the contract, the trader will be entitled to refuse an order or a request or to imply specific conditions to the exertion of the contract.
Along with the product or service, the trader will send the consumer the following information, written or in such a way that the consumer can store it on a durable medium:
- the trader’s visiting address where the consumer can make a complain;
- the conditions under which and the way a consumer can exercise the right of withdrawal, or a clear statement regarding the conditions of exclusion of the right of withdrawal;
- the information on guarantees and after sales service;
- the data contained in term 4, paragraph 3 of these conditions, unless the trader has already provided the data to the consumer before exertion of the contract;
- the requirements for termination of the contract, when the agreement has a duration of more than one year or is of indefinite duration;
- In the event of an extended transaction, the provision in the preceding paragraph shall only apply to the first delivery.
Term 6 – Right of withdrawal
When delivering products:
When purchasing products, the consumer has 14 days to cancel the purchase without providing any reason. The cooling off period starts on the day after receipt of the product by the consumer or a representative, designated by the consumer and announced to the trader on forehand.
During the cooling off period the consumer will treat the product and packaging carefully. He will only unpack the product to the extent he can assess whether or not he wishes to keep the product. In the event of exercising his right to withdraw, he will return the product and all accessories, and – if reasonably possible – in the original condition and packaging, to the trader, in accordance to the reasonable and clear instructions provided by the trader.
When providing services:
When providing services, the consumer has at least 14 days to cancel the contract without providing any reason, starting on the day of entering the agreement.
To exercise the right of withdrawal, the consumer will operate according to the reasonable and clear instructions, provided by the trader in the offer and/or at the latest at the time of delivery.
Term 7 – Costs in case of withdrawal
In the event the consumer exercises his right of withdrawal, the consumer will pay the cost of the return shipping at the utmost.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, and, in any event, within 30 days of the return shipping or the withdrawal.
Term 8 - Exclusion of the right of withdrawal
The trader may exclude the right of withdrawal to the extent stated in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the trader refers to it in the offer, or at latest before concluding the contract. Exclusion of the right of withdrawal is only possible for products:
- that are established by the trader in accordance to specifications of the consumer;
- which are clearly personal in nature;
- which cannot be returned due to their nature;
- that age or go bad quickly;
- whose price depends on fluctuations on the financial market, which the trader has no influence on;
- for individual newspapers and magazines;
- for audio and video recording and computer software, of which the seal has been broken;
Exclusion of the right of withdrawal is only possible for services:
- relating to accommodation, transport, catering or leisure, to be accomplished during a certain date or a certain period of time;
- of which the supply started before the cooling off period has expired, with the explicit consent of the consumer;
- concerning bets or lotteries.
Term 9 – The price
During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the preceding paragraph, the trader can offer products and/or services at variable prices, when those products and/or services are subjects to fluctuations in the financial market, on which the trader has no influence. The link to these fluctuations and the fact that the stated prices are suggested retail prices, are stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted when they are the result of statutory regulations or stipulations.
Price increases from 3 months after the conclusion are only permitted when the trader has accomplished them and they are the result of statutory regulations or stipulations; or the consumer has the power to withdraw from contract as of the date the increase takes effect.
The prices indicated in the product or service offers include VAT.
Term 10 – Compliance and Warranty
The trader guarantees that the products and/or services meet the specifications stated in the offer, as well as the reasonable requirements of reliability and/or usability and legal provisions and/or government regulations, existing on the date the contract is concluded. If agreed upon, the trader also ensures that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer or importer will not affect the legal rights and claims the consumer can assert based on the contract.
Term 11 – Delivery and Execution
The trader will take the utmost care, when receiving and implementing product orders and when assessing applications for the provision of services.
The address the consumer indicated to the company will be used as the delivery address.
Subject to what is stated in term 4 of these terms and conditions, the company will execute accepted orders as soon as possible and, in any event, within 30 days after placing the order, unless there was agreed upon an extended period of delivery. In case the delivery is delayed, or an order can only be partially or cannot be executed, the consumer will be informed about this within 30 days after placing the order. In this case, the consumer has the right to terminate the contract without any costs and, will possibly be entitled to compensation.
In case of dissolution in accordance to the preceding paragraph, the trader will refund the amount paid by the consumer as soon as possible and, in any event, within 30 days after dissolution.
If delivery of an ordered product appears to be impossible, the trader will endeavour to put a replacement item disposable. No later than delivery, the consumer will be informed on a clear and comprehensible manner, that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment shall be paid by the trader.
The risk of damage and/or loss of products lies with the trader, up to the moment of delivery to the consumer or a representative, designated by the consumer and announced to the trader on forehand, unless explicitly agreed upon otherwise.