1.Agreement

The agreement consists of these terms of sale, information provided in the ordering solution, and any separately agreed terms. In the event of any inconsistency between the information, what is specifically agreed between the parties shall prevail, provided it does not conflict with mandatory legislation.

Additionally, the agreement will be supplemented by relevant legal provisions regulating the purchase of goods between businesses and consumers.

1. Parties The seller is;

SMARTi (registered as SMARTi AS)

Org. no: 933 234 649

Sjekteveien 34B

4624 Kristiansand

contact@smarti.dev

and is referred to as the seller in the following text.

The buyer is the consumer placing the order, and is referred to as the buyer in the following.

1. Price The stated price for the goods and services is the total price the buyer shall pay. This price includes all taxes and additional costs. Additional costs that the seller has not informed the buyer about before the purchase shall not be borne by the buyer.

2. Conclusion of Agreement The agreement is binding on both parties when the buyer has submitted their order to the seller.

However, the agreement is not binding if there have been typographical or clerical errors in the seller's offer in the ordering solution on the online store or in the buyer's order, and the other party was aware of or should have been aware of such an error.

1. Payment The seller may demand payment for the goods from the time they are dispatched by 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 at the time of ordering. The card will be charged on the same day the goods are dispatched.

In the case of payment by invoice, the invoice will be issued to the buyer upon dispatch of the goods. The payment deadline is specified on the invoice and is at least 14 days from receipt.

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

1. Delivery Delivery is considered complete when the buyer or their representative has taken possession of the goods.

If the delivery time is not specified in the ordering solution, the seller shall deliver the goods to the buyer without undue delay and no later than 45 days after the order from the customer. The goods shall be delivered to the buyer unless otherwise agreed between the parties.

1. Risk of the Goods The risk of the goods passes to the buyer when they, or their representative, have received the goods in accordance with point 6.

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

The buyer must notify the seller of the exercise 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, holiday, or public holiday, the deadline is extended to the nearest working day.

The withdrawal period is considered observed if the notice is sent before the deadline expires. The buyer bears the burden of proof that the right of withdrawal has been exercised, and the notice should therefore be sent in writing (email or letter).

You can find our withdrawal form as a form or downloadable PDF here.

The withdrawal period begins to run:

For the purchase of individual items, the withdrawal period runs from the day after the item(s) is 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 multiple deliveries, the withdrawal period runs from the day after the last delivery is received.

The withdrawal period is extended to 12 months after the expiry of the original deadline if the seller does not inform before the conclusion of the agreement that there is a right of withdrawal and a standardized withdrawal form. The same applies if there is no information about conditions, deadlines, and procedures for using the right of withdrawal. If the business provides the information during these 12 months, the withdrawal period still expires 14 days after 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 from the notification of the exercise of the right of withdrawal. The buyer covers the direct costs of returning the goods unless otherwise agreed or the seller has failed to inform that the buyer shall bear the return costs. The seller cannot set a fee for the buyer's use of the right of withdrawal.

The buyer may try or test the goods in a proper manner to determine the nature, characteristics, and functionality of the goods, without losing the right of withdrawal. If testing or examining the goods goes beyond what is reasonable and necessary, the buyer may be liable for any diminished value of the goods.

Goods must be returned in the same condition and quantity as they were delivered and received. The goods must be 100% undamaged and returned in undamaged packaging. Goods must be returned in the original packaging and packaged in the same way as when they were received. User manuals and other accessories must be included.

The right of withdrawal does not apply to goods that have been customized or cut according to the customer's wishes.

All returns must be sent by traceable parcel post to prevent disputes over lost shipments.

When exercising the right of withdrawal, the goods must be returned to:

Nedrehagen Smarti John Tanke Svilands vei 23 4337 Sandnes

The seller is obliged to refund the purchase price to the buyer without undue delay, and no later than 14 days from the seller received notice of the buyer's decision to use the right of withdrawal. The seller has the right to withhold the payment until they have received the goods from the buyer, or until the buyer has provided documentation that the goods have been returned.

1. Delay and Non-delivery - Buyer's Rights and Deadline for Claims If the seller fails to 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 rules in Chapter 5 of the Consumer Purchase Act, under the circumstances withhold the purchase amount, demand performance, terminate the agreement, and/or claim compensation from the seller.

In claims for breach of contract, the notification should be in writing (e.g., email) for evidentiary purposes.

Performance

The buyer may insist on 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 entail such inconvenience or cost to the seller that it is significantly disproportionate to the buyer's interest in the seller fulfilling the contract. If the obstacles cease within a reasonable time, the buyer may still demand performance.

The buyer forfeits their right to demand performance if they unreasonably delay asserting the claim.

Termination

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 performance. If the seller does not deliver the goods within the additional period, the buyer may terminate the purchase.

However, the buyer may immediately terminate the purchase if the seller refuses to deliver the goods. The same applies if delivery at the agreed time was crucial for the conclusion of the contract, 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 the conclusion of the contract, claims for termination must be made within a reasonable time after the buyer learned 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 circumstances beyond the seller's control that could not reasonably have been taken into account at the time of the contract, avoided, or overcome the consequences of.

1. Defects in the Goods - Buyer's Rights and Complaint Deadline 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. The buyer has always complained in time if it occurs within 2 months from when the defect was discovered or should have been discovered. A complaint can be made no later than two years after the buyer took over the goods.

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 Purchase Act, under the circumstances withhold the purchase amount, choose between rectification and replacement, claim a price reduction, terminate the agreement, and/or claim compensation from the seller.

Complaints to the seller should be made in writing.

Rectification or Replacement

The buyer can choose between demanding that the defect be rectified or the delivery of an equivalent item. However, the seller may object to the buyer's claim if implementing the claim is impossible or would cause the seller unreasonable costs. Rectification or replacement shall be made within a reasonable time. In principle, the seller is not entitled to make more than two attempts at remedying the same defect.

Price Reduction

The buyer may claim an appropriate price reduction if the goods are not rectified or replaced. This means that the relationship between the reduced and the agreed price corresponds to the relationship between the value of the defective and the contractual condition. If special reasons speak for it, the price reduction may instead be equal to the significance of the defect to the buyer.

Termination

If the goods are not rectified or replaced, the buyer may also terminate the purchase when the defect is not immaterial.

1. Seller's Rights in the Event of 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 Chapter 9 of the Consumer Purchase Act, under the circumstances withhold the goods, demand performance of the agreement, terminate the agreement, and/or claim compensation from the buyer. The seller may also, under the circumstances, demand interest on late payment, collection fees, and a reasonable fee for uncollected goods.

Performance

The seller can maintain the purchase and demand that the buyer pays the purchase price. However, if the goods are not delivered, the seller loses their right if they unreasonably delay asserting the claim.

Termination

The seller may terminate the agreement if there is a material breach of payment or other material breach on the buyer's part. However, the seller cannot terminate if the entire purchase price has been paid. If the seller sets a reasonable additional period for performance and the buyer does not pay within this period, the seller may terminate the purchase.

Interest on Late Payment/Collection Fee

If the buyer does not pay the purchase price according to the agreement, the seller may demand interest on the purchase price in accordance with the Late Payment of Debts Act. In the event of non-payment, the claim, after prior notice, may be sent to the buyer may then be held responsible for a fee according to 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 must 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.

1. Warranty 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 therefore does not limit the buyer's right to claim for defects, delays, or other deficiencies under points 9 and 10.

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

3. Conflict Resolution Complaints should be directed to the seller within a reasonable time (e.g., via email), see points 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 by phone at 23 400 500 or www.forbrukerradet.no.