Terms and conditions

Introduction

This purchase is governed by the following standard terms and conditions of sale for consumer purchases of goods over the Internet. Consumer purchases over the Internet are primarily regulated by the Contract Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act, and the E-Commerce Act, which provide the consumer with non-waivable rights. These laws are available at www.lovdata.no. The terms of this agreement shall not be understood as limiting the statutory rights, but rather as setting out the parties' main rights and obligations for the transaction.

1. The Agreement

The agreement consists of these terms of sale, the information provided in the ordering solution, and any specifically agreed conditions. In the event of a conflict between the information, the specifically agreed conditions between the parties shall prevail, provided this does not conflict 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 pomart.no, Øvre Krabbedalen 43, 5178 Loddefjord, info@pomart.no, +47 400 20 916, 936172830, hereinafter referred to as the "seller."

The buyer is the consumer who places the order, hereinafter referred to as the "buyer."

3. 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. Any additional costs not informed by the seller prior to purchase shall not be borne by the buyer.

4. Conclusion of the Agreement

The agreement is binding for both parties once the buyer has submitted their order to the seller.

However, the agreement is not binding if there are typographical or input errors in the seller's offer in the ordering solution in the webshop or in the buyer's order, and the other party realized or should have realized that such an error existed.

If your order was incorrectly rejected or cancelled, please contact info@pomart.no.

5. Product Availability

Pomart.no reserves the right to update product information, including prices, descriptions, and availability, at any time and without notice. Once your order has been accepted, no changes to price, availability, or description will be made for the ordered product.

6. Prices and Payment

Product prices include VAT (if applicable) and are displayed as stated at checkout.

Payment must be made in full upon ordering. Available payment methods are shown at checkout. Online payments may be handled by third-party providers.

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 the same day the item is shipped.

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

Buyers under the age of 18 cannot pay by subsequent invoice.

7. Delivery

Delivery is deemed to have occurred when the buyer, or their representative, has taken possession of the item.

Some products may not be available in all countries. Any territorial restrictions will be disclosed before purchase.

Shipping costs depend on order value and destination. Customs duties, taxes, and fees are paid by the buyer. Pomart.no may deliver the order in separate shipments.

Ownership of physical products transfers to you upon delivery and full payment. You are responsible for the product after delivery.

For digital products (e.g., downloads or digital artworks), access is provided once payment has been completed, and you are responsible for maintaining your own digital devices and data.

Delivery dates are estimates and cannot be guaranteed. Unless otherwise 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 customer's order. Delivery shall be made to the buyer's address unless otherwise specifically agreed between the parties.

8. Risk of the Goods

The risk of the goods passes to the buyer once the buyer, or their representative, has received the goods in accordance with section 7.

9. Right of Withdrawal

Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw from the purchase in accordance with the Right of Withdrawal Act.

The buyer must notify the seller of the use of the right of withdrawal within 14 days from the start of the withdrawal period. All calendar days are included in the period. If the period ends on a Saturday, public holiday, or holiday, it is extended to the nearest working day.

The withdrawal period is considered observed if notice is sent before the expiry of the period. The buyer has 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 the purchase of individual goods, from the day after the item(s) are received.

• For a subscription or an agreement involving regular delivery of identical goods, from the day after the first delivery is received.

• For a purchase consisting of several deliveries, from the day after the last delivery is received.

The withdrawal period is extended to 12 months after the original period expires if the seller does not inform the buyer of the right of withdrawal and provide a standardized withdrawal form before the agreement is concluded. The same applies if the seller fails to provide information about conditions, deadlines, and procedures for exercising the right of withdrawal. If the seller provides this information within the 12 months, the withdrawal period nevertheless expires 14 days after the day the buyer received the information.

When exercising the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days after notice of withdrawal is given. The buyer covers the direct costs of returning the goods unless otherwise agreed or the seller has failed to inform the buyer that return costs must be covered. The seller may not impose a fee for the buyer's use of the right of withdrawal.

The buyer may examine or test the goods in a reasonable manner to determine their nature, properties, and function, without the right of withdrawal being lost. If examination or testing goes beyond what is reasonable and necessary, the buyer may be held liable for any diminished value of the goods.

The seller is obliged to refund the purchase amount to the buyer without undue delay, and no later than 14 days after being informed of the buyer's decision to exercise the right of withdrawal. The seller may withhold repayment until the goods have been returned, or until the buyer has provided documentation that the goods have been sent back.

10. Delay and Non-Delivery – Buyer's Rights and Deadline for Claims

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, in accordance with the Consumer Purchases Act, chapter 5, as applicable, withhold payment, demand performance, terminate the agreement, and/or claim compensation from the seller.

For evidentiary reasons, such claims should be made in writing (e.g., email).

Performance
The buyer may uphold the purchase and demand performance from the seller. However, the buyer may not demand performance if there is an obstacle the seller cannot overcome, or if performance would cause such great inconvenience or cost to the seller that it would be disproportionate to the buyer's interest. If the obstacles disappear within a reasonable time, the buyer may nevertheless demand performance.

The buyer loses the right to demand performance if they wait an unreasonably long time to make the claim.

Termination
If the seller does not deliver the goods at the agreed time, the buyer shall request that the seller deliver within a reasonable additional period. If the seller does not deliver within this period, the buyer may terminate the purchase.

The buyer may nevertheless terminate immediately if the seller refuses to deliver. The same applies if delivery at the agreed time was decisive for entering into the agreement, or if the buyer informed the seller that the delivery time was essential.

If the goods are delivered after the additional period set by the buyer, or after the delivery time that was decisive for entering into the agreement, a claim for termination must be made within a reasonable time after the buyer became aware of the delivery.

Compensation
The buyer may claim compensation for losses caused by the delay. 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 foreseen at the time of the agreement, avoided, or overcome.

11. Defects in the Goods – Buyer's Rights and Complaint Deadline

If the goods have a defect, the buyer must notify the seller within a reasonable time after the defect was discovered or should have been discovered, that they wish to invoke the defect. A complaint is always deemed timely if made within 2 months of the defect being discovered or should have been discovered. Complaints may 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 period is five years.

If the goods have a defect not attributable to the buyer or circumstances on the buyer's side, the buyer may, in accordance with the Consumer Purchases Act, chapter 6, as applicable, withhold payment, choose between repair and replacement, demand a price reduction, terminate the agreement, and/or claim compensation from the seller.

Complaints to the seller should be made in writing.

Repair or Replacement
The buyer may choose whether to demand repair of the defect or delivery of equivalent goods. The seller may nevertheless object if fulfilling the demand is impossible or causes unreasonable costs. Repair or replacement shall be carried out within a reasonable time. As a general rule, the seller is not entitled to more than two attempts at remedying the same defect.

Price Reduction
The buyer may demand a suitable price reduction if the goods are not repaired or replaced. The reduction shall reflect the ratio between the value of the goods in defective condition and their value in contractual condition. If special circumstances apply, the reduction may instead be set equal to the significance of the defect for the buyer.

Termination
If the goods are not repaired or replaced, the buyer may also terminate the purchase if the defect is not insignificant.

12. Seller's Rights in Case of Buyer's Default

If the buyer does not pay or otherwise fulfill their 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 Consumer Purchases Act, chapter 9, as applicable, withhold the goods, demand performance of the agreement, terminate the agreement, and/or claim compensation from the buyer. The seller may also, as applicable, claim interest on late payment, collection fees, and a reasonable fee for uncollected goods.

Performance
The seller may uphold the purchase and demand that the buyer pay the purchase price. If the goods have not been delivered, the seller loses this right if they wait unreasonably long to make the claim.

Termination
The seller may terminate the agreement if there is material default in payment or other material breach by the buyer. However, the seller may not terminate if the full purchase price has been paid. If the seller sets a reasonable additional deadline for payment and the buyer does not pay within this period, the seller may terminate 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 according to the Late Payment Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to debt collection. The buyer 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 may charge the buyer a fee. The fee shall at most cover the seller's actual costs of delivering the goods to the buyer. Such a fee cannot be charged to buyers under 18 years of age.

13. Warranty

Any warranty provided by the seller or manufacturer grants the buyer rights in addition to those the buyer already has under mandatory legislation. A warranty does not limit the buyer's right to complain or make claims for delay or defects under sections 9 and 10.

14. Intellectual Property Rights

All content, images, artworks, and products from POMART remain the property of pomart.no unless otherwise expressly stated.

You may not copy, distribute, or use the content commercially without written permission.

15. Personal Data

The seller is the controller of personal data collected. Unless the buyer consents otherwise, the seller may, in accordance with the Personal Data Act, only collect and store the personal data necessary for fulfilling the seller's obligations under the agreement. The buyer's personal data will only be disclosed to others if necessary for the seller to fulfill the agreement with the buyer, or in cases required by law.

16. Liability

Nothing in these terms excludes or limits liability for fraud, death, personal injury, or any other liability that cannot lawfully be excluded. Pomart.no is not liable for:

• Loss of profit, revenue, or business.

• Loss or corruption of data.

• Indirect or consequential damages.

17. Dispute Resolution

Complaints must be addressed to the seller within a reasonable time, cf. sections 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is not successful, the buyer may contact the Consumer Council for mediation. The Consumer Council is available at +47 23 400 500 or www.forbrukerradet.no.