Terms of sale and delivery

In general

This document contains standard terms and conditions of sale and delivery (the“Standard Terms and Conditions”) that shall apply to any delivery between Garderobemekka AS, reg. no. 925 050 520 (the “Supplier”) and an orderer (the “Customer”). The Supplier and the Customer are also referred to individually as the “Party” and jointly as the “Parties”.

The standard terms and conditions apply to any delivery from the Supplier to the Customer in addition to the terms stated in the individual supply agreement. A delivery from the Supplier may consist of products and/or services to the Customer, and a supply agreement may be a separate purchase agreement, a framework agreement or other written document between the Parties stating that the Supplier shall deliver products and/or services to the Customer. The Customer is deemed to have accepted the Standard Terms and Conditions by signing the offer/order confirmation (the “Delivery“).

The standard terms and conditions may be amended by the Supplier without notice, with effect for all sales entered into after the amendment.

Delivery offer

The Supplier’s delivery offer (the “Offer”) is valid for 30 days after the Offer has been sent by the Supplier, unless otherwise specified in the Offer. If the Offer is part of a campaign, the Offer will only be valid until the day following the announcement of the Offer. After the validity date of the Offer has expired, the prices stated in the Offer may change.

The Customer is obliged to provide correct contact information (name, address, telephone number and e-mail) to the Supplier.

The Customer is obliged to approve the Supplier’s privacy policy: https://garderobemekka.no/personvern.

The Customer understands that drawings prepared by the Supplier for the Customer, without prior written approval, may not be copied or made available to third parties.

Prices and payment terms

The prices in the Offer are based on the prices on the day of the offer. In addition, the Customer shall cover all of the Supplier’s expenses, as well as any taxes, customs duties, fees and charges incurred as a result of the Delivery.

All prices are based on the Supplier’s current price list and are stated including VAT and other relevant taxes.

If it is agreed that the Supplier will carry out measurements at the Customer’s premises, this is non-binding for the Customer, unless otherwise agreed. Measurements made by the Supplier are the property of the company and will only be stated on the final order. This also applies if the Customer pays an amount for the measurement. Deviations/bias in the room will be noted by the Supplier during the measurement, but it should be noted that further deviations/bias may be discovered by the fitter afterwards. Costs associated with adjusting such deviations/skew will be invoiced to the Customer in accordance with the Supplier’s hourly rates for such work.

A minimum of 30% of the purchase price must be paid before the Delivery is placed on order with the Supplier.

The remaining purchase price (70%) is payable upon collection of the Delivery. In the event of shipping and/or installation, the remaining purchase price must be paid in advance of such shipping and/or installation.

In the event of late payment, the Supplier is entitled to interest on the amount due for payment in accordance with Act no. 100 of 17 December 1976 relating to interest on late payment etc.

If, after the Agreement has been entered into, changes in public taxes and duties or price changes from the Supplier’s subcontractors (purchasing, freight, customs, etc.) are adopted that affect the Supplier’s costs, the Supplier may, without prior notice, pass on such costs from the same period as such costs affect the Supplier’s costs. In addition, the Supplier may, without prior notice, carry out an annual price adjustment with effect from 1 January of the following year by the higher of 2% or the last year’s change in the consumer price index (CPI). The Seller must notify the Buyer in writing of the supplement. If the price supplement amounts to more than 5% of the invoice amount, the Buyer may choose to terminate the agreement. If the Buyer does not cancel the agreement within 14 days of written notification of the price increase being sent by the Seller, the Buyer is deemed to have approved the price increase.

Ordering and changes

Final confirmation of the Delivery and its content is set out in the order confirmation, and the Customer is encouraged to carefully review this before confirmation and signing.

The order confirmation is confirmed by signing by the Customer. The order confirmation can be signed in store, by e-mail, or by paying 30% of the purchase price to the Supplier. Once such confirmation has been received, the Delivery will be added to the order.

After the Delivery has been added to the order, no changes can be made to the Delivery.

Installation by the supplier’s fitters

Installation of the Delivery is carried out by the Supplier’s partner for installation. The Delivery and freight must be paid in full by the Customer before assembly is initiated.

The time of installation is agreed directly between the Customer and the fitter.

Unless otherwise agreed, only normal installation is included in the installation. Costs associated with installation work over and above normal installation, such as minor or unusual distortions in the room that have not been discovered by the Supplier during measurement etc. will be invoiced to the Customer.

Shipping of the delivery

Shipping of the Delivery can be carried out either by the Customer ordering shipping through the Supplier or by the Customer collecting the Delivery from the Supplier. Incoterms 2020, which is part of the Standard Terms and Conditions, describes who bears the responsibility, risk and costs in connection with the shipping of the Delivery and when the responsibility is transferred from the Supplier to the Customer.

The customer orders shipping:

Shipping of the Delivery is carried out by the Supplier’s partner for shipping. The Delivery must have arrived at the Supplier’s warehouse and the Delivery and freight must be paid in full by the Customer before shipping is initiated.

The order confirmation states when the Delivery is expected to be ready for delivery. The Supplier will contact the Customer to agree on the delivery time. The Supplier recommends that the Customer receives the Delivery a few days before installation is intended to take place.

The Delivery is considered delivered when the Delivery has been transported to the agreed location. Unless otherwise stated, the agreed location is delivery to the exit door at ground level. If it is not possible to drive all the way to the agreed location with a large van, the costs associated with such transport (e.g. tolls, long distances, a lot of mud or ice/snow) will be invoiced to the Customer. Any delivery to the Customer’s home and the costs associated with this will be stated in the order confirmation.

In all cases, the Customer assumes responsibility for the Delivery when it has been transported to and made available to the Customer at the agreed location, irrespective of whether extra services are provided in connection with the shipping, such as shipping the Delivery beyond what has been agreed. The Supplier bears all risk associated with shipping to the named destination.

If the Customer wants delivery beyond the address (e.g. carrying in and over several floors, etc.), the Customer must specify this and be agreed separately. Additional costs may be incurred in the event of requests for changes to the Delivery.

Costs will be incurred for all delivery attempts if the Customer is not at home at the time of the agreed delivery. In addition, a handling fee of NOK 500 will be charged. If the driver for the Delivery has to wait for the Customer, NOK 200 will be charged per quarter of an hour, which will be invoiced to the Customer.

The Customer is responsible for checking the Delivery for damage and/or defects upon delivery. Any damage and/or defects must be noted on the delivery form. The Customer assumes responsibility for the Delivery after it has been handed over to the Customer.

If the Supplier has to postpone delivery due to reasons beyond the Supplier’s control, the Customer will not be entitled to compensation for such postponement. This applies, for example, to transport damage, missing or incorrectly produced goods from subcontractors, missing standard goods, illness, etc.

The customer is responsible for their own shipping and installation:

If the Customer is to arrange for the shipping and installation of the Delivery, the Customer is responsible for the installation and adaptation of side walls, shelves, linings, wardrobe bars, etc.

The order confirmation states when the Delivery is expected to be ready for collection. The Supplier will contact the Customer when the entire Delivery has arrived at the Supplier’s warehouse, but standard items may be sold out in the meantime. The Delivery must be paid for in full by the Customer before collection can take place.

If the Customer has ordered special adaptations, this will be stated in the order confirmation. The Customer must provide the desired measurements, and deviations of +/- 3 mm must be accepted. The Customer bears all risk for any errors in the measurements.

The Supplier gives the Customer access to the Delivery in the Supplier’s warehouse premises completed in accordance with the Agreement. When collecting the Delivery, the Customer is responsible for loading and packing the Delivery on a vehicle/trailer, as well as carrying out additional packaging. The Supplier bears all risks and costs associated with bringing the Delivery to the Supplier’s warehouse gate.

The Customer is responsible for checking the Delivery for damage and/or defects upon collection.

If the Delivery is not collected from the Supplier’s warehouse within 10 days after the Supplier has contacted the Customer about collection, the Supplier will send an invoice for the remaining purchase price with an immediate payment deadline.

If the Customer has not paid for and collected the Delivery 10 days after the agreed collection date, the Supplier will invoice the Customer NOK. 100,- per order. After 1 month, the Delivery will be sold and settled against any outstanding amount. Any outstanding amount after settlement will be collected.

Cancellation

In the event of cancellation of a Delivery that has been added to the order, a cancellation fee of NOK. 1.000 ,-.

After the Delivery has been put into production or manufactured, no changes can be made to the Delivery, including cancellation.

Complaints

If the Customer wishes to make a complaint, this must be submitted to the Supplier in writing within a reasonable period of time in accordance with the Sale of Goods Act/Consumer Purchase Act.

The supplier provides an extended warranty on the following moving parts on sliding door fronts: Doors are warranted for 10 years and baskets, shoe baskets, trouser hangers and rails for such baskets and hangers are warranted for 25 years.

If damage and/or deficiencies can be rectified, the Supplier shall have the opportunity to carry out such rectification. Rectification shall take place within a reasonable period of time that is customary for the industry. If the Customer rectifies damage and/or defects itself or by a third party, the Supplier will not cover costs in connection with this, unless otherwise agreed.

Installation errors must be reported to the Customer’s contact person at the Supplier, and a separate agreement must be made between the Customer and the fitter regarding correction and time of correction.

Return of the delivery

There is no return or right of withdrawal. Any return of the Delivery can only take place by agreement with the Supplier. In the event of an agreed return, the Delivery must be returned in its original packaging and without damage and/or defects if the Supplier is to refund the purchase price in full. If the Customer uses different packaging or returns the Delivery with damage and/or defects, the purchase price will not be refunded in full. In such cases, the Supplier will decide how much of the purchase price is to be refunded.

Sales collateral

The Supplier reserves a vendor’s lien on the Deliveries and retains title to them until the entire purchase price plus any interest and costs have been paid in full.

Defaults and sanctions

The Supplier’s liability and the Customer’s remedies in the event of breach by the Supplier shall be as follows:

The Supplier’s liability for damage or loss, irrespective of cause and cause of action and irrespective of whether it is a breach of contract or a tortious act, shall be limited to the Customer’s direct loss. The total compensation shall not exceed the amount the Customer has paid the Supplier under the Agreement. Under no circumstances shall the Supplier be liable to pay compensation (for pain and suffering) or to cover indirect losses.

The limitation against indirect loss also applies where the Supplier has been made aware that such loss or damage may occur. A concluded Agreement may be terminated in the event of material breach if the other Party has not managed to rectify the situation within thirty days after a written notice of possible termination has been sent, specifying the grounds for termination.

The Customer may not assert any liability/authorizations other than those stated in the previous paragraph. The Customer loses its right to assert liability/sanctions against the Supplier under a concluded Agreement if a written, specified complaint is not received by the Supplier within thirty days after the Customer discovered or should have discovered the breach of contract.

Force majeure

Should an extraordinary situation arise that is beyond the control of the Parties and that makes it impossible to fulfill obligations under the Agreement and that must be considered force majeure under Norwegian law, the affected party’s obligations are suspended for the duration of the extraordinary situation. The other Party’s counter-performance is suspended for the same period. The other Party shall be notified as soon as possible when a force majeure situation arises.

Force majeure is defined as hurricane, tsunami, outbreak of war, terrorist attack, epidemic, pandemic, fire, societal threats, natural disasters, storm, strike or any traffic difficulty, labor conflict, military mobilization, seizure or export and import restrictions or similar.

In the event of force majeure, both Parties may demand that the delivery time be postponed. Both Parties may terminate the agreement if the force majeure situation lasts longer than 360 days.

Neither Party may claim compensation for the expenses they have incurred due to the force majeure situation.

Especially about covid-19

If the delivery is affected by the outbreak of the covid-19 virus (or mutations of the virus), or measures and recommendations implemented to limit the spread of the virus, in such a way that the Supplier chooses to cancel the delivery, the Supplier shall be entitled to terminate the agreement. Otherwise, the Parties shall have no claim against each other. The same applies in the event that the Supplier is able to carry out the delivery, but with such major limitations as a result of measures and recommendations that it would not be financially justifiable for the Supplier to do so. The Supplier will notify the Customer of such termination within a reasonable time.

If it is unclear whether the delivery will be affected by the outbreak of the covid-19 virus (or mutations of the virus), or measures and recommendations implemented to limit the spread of the virus, the Supplier shall be entitled to postpone the original delivery time until the situation is clarified.

Delay from the Supplier or fitter due to covid-19 does not entitle the Customer to remedies for breach of contract.

Privacy policy

The Supplier will need to process the Customer’s personal data in order to carry out the delivery, for example in connection with delivery and installation. The basis for this processing is the Agreement between the Customer and the Supplier, including the Standard Terms and Conditions. The Supplier’s processing of personal data complies with the Personal Data Act and the EU General Data Protection Regulation (GDPR). More information about the Supplier’s processing of personal data is available here: https://garderobemekka.no/personvern.

Confidential information

Drawings prepared by the Supplier for the Customer may not, without written consent, be copied or made available to third parties.

Disputes

The standard terms and conditions are governed by Norwegian law. If a dispute arises between the Parties in connection with the Agreement, the dispute shall be settled by ordinary Norwegian courts. Lawsuits in such disputes are brought before the Supplier’s venue.

Transfer of ownership

The Supplier may assign its rights and/or obligations under a concluded Agreement in whole or in part to a third party. In the event of such an assignment, the Customer must be given written notice. The Customer may not assign its rights or obligations under an Agreement without the written consent of the Supplier.

Updated 26.11.2020