1. The agreement

The agreement consists of these terms and conditions of sale, the information provided in the ordering process and any separately agreed terms. In the event of any conflict between these, what has been separately agreed between the parties takes precedence, provided it does not conflict with mandatory legislation.

The agreement is also supplemented by relevant statutory provisions governing the purchase of goods between traders and consumers.

2. The parties

The seller is Rooftop Johnny, 3117 Tønsberg, Norway, support@rooftopjohnny.com, phone +47 971 19 215, org. no. 932 400 057, hereinafter referred to as the seller.

The buyer is the consumer placing the order, hereinafter referred to as the buyer.

3. Price

The stated price for goods and services is the total price the buyer must pay. This price includes all taxes and additional costs. The buyer shall not bear any additional costs the seller has not informed about before the purchase.

4. Conclusion of the agreement

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

The agreement is nevertheless not binding if there has been a typing or keying error in the seller's offer in the online store's ordering process or in the buyer's order, and the other party realised or should have realised that such an error existed.

5. Payment

If the buyer pays by credit or debit card, the purchase amount is charged when the order is completed.

If the buyer chooses to pay by invoice via Klarna, the invoice is issued by Klarna, and the payment deadline is set by Klarna in accordance with Klarna's terms.

Buyers under the age of 18 cannot pay by invoice.

6. Delivery

Delivery has taken place when the buyer, or their representative, has taken possession of the goods.

If no delivery time is stated in the ordering process, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the order. The goods shall be delivered to the buyer unless otherwise separately agreed between the parties.

7. Risk for the goods

The risk for the goods passes to the buyer when the buyer, or their representative, has received the goods in accordance with section 6.

8. Right of withdrawal

Unless the agreement is exempt from the right of withdrawal, the buyer may cancel the purchase in accordance with the Norwegian Right of Withdrawal Act (angrerettloven).

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

The withdrawal period is considered met if the notification is sent before the period expires. The buyer has the burden of proof that the right of withdrawal has been exercised, so the notification should be made in writing (withdrawal form, email or letter). You can find the withdrawal form here.

The withdrawal period starts:

For individual items, from the day after the item(s) have been received.

For subscriptions or agreements for regular delivery of identical goods, from the day after the first shipment has been received.

For purchases consisting of several deliveries, 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 has not, before the agreement was concluded, informed the buyer of the right of withdrawal and provided a standardised withdrawal form. The same applies if information about the conditions, deadlines and procedure for exercising the right of withdrawal is missing. If the trader provides this information within those 12 months, the withdrawal period 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 notification of withdrawal was given. The buyer covers the direct cost of returning the goods, unless otherwise agreed or the seller has failed to state that the buyer must cover the return costs. The seller cannot charge a fee for the buyer's use of the right of withdrawal.

The buyer may try or test the goods in a reasonable manner to establish their nature, characteristics and function without losing the right of withdrawal. If the trying or testing goes beyond what is reasonable and necessary, the buyer may be liable for any reduction in the value of the goods.

The seller is obliged to refund the purchase price to the buyer without undue delay, and no later than 14 days after receiving notification of the buyer's decision to withdraw. The seller may withhold the refund until the goods have been received, or until the buyer has provided documentation that the goods have been sent back.

Illustrations made to order according to the buyer's own wishes and specifications are exempt from the right of withdrawal, cf. section 22 (c) of the Norwegian Right of Withdrawal Act.

9. Delay and non-delivery – the buyer's rights and deadline for claims

If the seller does not deliver the goods, or delivers them late according to the agreement, and this is not due to the buyer or circumstances on the buyer's side, the buyer may, in accordance with chapter 5 of the Norwegian Consumer Purchases Act (forbrukerkjøpsloven), depending on the circumstances, withhold the purchase price, demand fulfilment, cancel the agreement and/or claim compensation from the seller.

Claims for remedies should, for evidential reasons, be made in writing (for example by email).

Fulfilment

The buyer may uphold the purchase and demand fulfilment from the seller. However, the buyer cannot demand fulfilment if there is an obstacle the seller cannot overcome, or if fulfilment would cause the seller inconvenience or costs significantly disproportionate to the buyer's interest in fulfilment. If the difficulties disappear within a reasonable time, the buyer may still demand fulfilment.

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

Cancellation

If the seller does not deliver the goods at the time of delivery, the buyer shall ask the seller to deliver within a reasonable additional deadline. If the seller does not deliver within this additional deadline, the buyer may cancel the purchase.

The buyer may, however, cancel the purchase immediately if the seller refuses to deliver the goods. The same applies if delivery at the agreed time was decisive for concluding the agreement, or if the buyer has informed the seller that the time of delivery is decisive.

If the goods are delivered after the additional deadline set by the consumer, or after the time of delivery that was decisive for concluding the agreement, a claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.

Compensation

The buyer may claim compensation for losses suffered as a result of the delay. This does not apply if the seller proves that the delay was caused by an obstacle beyond the seller's control which could not reasonably have been taken into account at the time of the agreement, avoided, or its consequences overcome.

10. Defects in the goods – the buyer's rights and deadline for complaints

If the goods are defective, the buyer must, within a reasonable time after the defect was discovered or should have been discovered, notify the seller that they wish to invoke the defect. The buyer has always complained in time if this happens within 2 months of when the defect was discovered or should have been discovered. Complaints can be made no later than two years after the buyer took over the goods. If the goods or parts of them are intended to last significantly longer than two years, the deadline is five years.

If the goods are defective and this is not due to the buyer or circumstances on the buyer's side, the buyer may, in accordance with chapter 6 of the Consumer Purchases Act, depending on the circumstances, withhold the purchase price, choose between repair and replacement, demand a price reduction, cancel 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 between having the defect repaired or receiving a replacement. The seller may nevertheless object if the buyer's claim is impossible to carry out or would cause the seller unreasonable costs. Repair or replacement shall take place within a reasonable time. As a rule, the seller is not entitled to make more than two attempts to remedy the same defect.

Price reduction

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

Cancellation

If the goods have not been repaired or replaced, the buyer may also cancel the purchase if the defect is not insignificant.

11. The seller's rights in the event of the buyer's breach

If the buyer does not pay or fulfil 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 chapter 9 of the Consumer Purchases Act, depending on the circumstances, withhold the goods, demand fulfilment of the agreement, cancel the agreement and claim compensation from the buyer. The seller may also, depending on the circumstances, claim interest on late payment, a debt collection fee and a reasonable fee for uncollected goods.

Fulfilment

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

Cancellation

The seller may cancel the agreement in the event of material non-payment or other material breach by the buyer. The seller cannot cancel if the full purchase price has been paid. If the seller sets a reasonable additional deadline for fulfilment and the buyer does not pay within it, the seller may cancel the purchase.

Interest on late payment / debt collection fee

If the buyer does not pay the purchase price according to the agreement, the seller may claim interest in accordance with the Norwegian 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 liable for fees under the Norwegian 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 the age of 18.

12. Warranty

A warranty given 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 complain and make claims in the event of delay or defects under sections 9 and 10.

13. Personal data

The seller is the controller of the personal data collected. Unless the buyer agrees otherwise, the seller may, in line with the Norwegian Personal Data Act, only collect and store the personal data necessary for the seller to fulfil its obligations under the agreement. The buyer's personal data will only be disclosed to others if necessary for the seller to complete the agreement with the buyer, or where required by law.

14. Dispute resolution

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