Terms of sale

Read through the terms and conditions that apply when you purchase goods online from Anne Margrethe Art. When purchasing goods(s) in the online store, it also means that you have accepted and approved the applicable terms and conditions of purchase and sale. 

Purchases are regulated by the applicable rules and terms of sale for consumer purchases of goods over the internet. Consumer purchases over the internet are mainly regulated by the Consumer Purchases Act, the Marketing Act, the Contracts Act, the Right of Withdrawal Act and the E-Commerce Act, and these laws give the consumer inalienable rights. The laws are available at www.lovdata.no. The terms of this agreement should not be construed as limiting any statutory rights, but rather set out the parties' principal rights and obligations for the transaction.

If the buyer, when ordering the item(s), orders framing via Anne Margrethe Art, such framing will constitute production according to the buyer's specifications and will therefore be exempt from the right of withdrawal (see section on the right of withdrawal below).

We reserve the right to make corrections, stock errors and out-of-stock items, as well as to make reservations regarding color deviations on screen compared to reality.

1. The agreement

The agreement between buyer and seller consists of the information Anne Margrethe Art has provided about the purchase in the ordering solution in the online store.

Here are the terms of sale:
In the event of any conflict between the information provided in the ordering solution in the online store, if otherwise specifically agreed between the parties in correspondence, this takes precedence over the information provided in the ordering solutions and the terms of sale, as long as it does not conflict with mandatory legislation.

The agreement consists of relevant legal provisions that regulate the purchase of goods between traders and consumers.

Order confirmation
Once your order has been placed, you will immediately receive an order confirmation by email stating that your order has been received. The order confirmation contains information about price and expected delivery time.

Once the seller has received the buyer's order, the seller shall confirm the order without undue delay by sending an order confirmation to the buyer.

It is recommended that the buyer check that the order confirmation matches the order with regard to quantity, item type, price, etc. If there is a discrepancy between the order and the order confirmation, the buyer should contact the seller as soon as possible.

1. The parties

Seller is Anne Margrethe Art by Anne Margrethe Bjerkebro
Address: Østre Jansrud 17 C, 1383 Asker
Visiting address: See website www.annemargrethe.com
Email; post@annemargrethe.com
Org.nr: 919 135 891, and is hereinafter referred to as the seller/seller.

Buyer is the consumer who places the order, and is hereinafter referred to as the buyer/purchaser.

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 about before the purchase shall not be borne by the buyer.

The prices in the online store are in NOK and include VAT (on products that are subject to VAT). Information about the total costs the buyer must pay, including all taxes (VAT, artist's fee - BKH, customs and similar), and delivery costs (shipping, postage, invoice fee, packaging), as well as specification of the individual elements of the total price, is provided in the ordering solution before the order is placed. The buyer shall not bear any additional costs that the seller has not informed about prior to the purchase.

Free shipping delivery for all orders of unframed art prints over NOK 2000.-  

1. Conclusion of agreement

The agreement is binding on both parties when the buyer's order has been received by the seller. However, the agreement is not binding if there has been a typing or typing error in the seller's offer in the ordering solution in the online store or in the buyer's order, and the other party realized or should have realized that there was such an error.

1. The payment

Payment cards are charged the moment the purchase is completed.

If the buyer uses a credit card (2) or debit card (3) for payment, the seller can reserve the purchase price on the card at the time of ordering for up to 4 days from the order. The card will then be charged on the same day the item is shipped.

When paying by credit card, the Credit Purchase Act will m.m. to apply (5)

If an agreement has been made for payment by invoice, the invoice to the buyer will be issued and sent upon shipment of the goods. The payment deadline is stated on the invoice and is 14 days from receipt. Klarna's payment terms.
We can offer the following payment solutions: Vipps (free of charge), Visa, Mastercard, American Express, Paypal, Klarna.

Buyers under the age of 18 cannot pay with a subsequent invoice.


6. Delivery

Delivery has occurred when the buyer, or his/her representative, has taken over the goods.

If the delivery time is not stated in the order solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the order from the customer. The goods shall be delivered to the buyer unless otherwise specifically agreed between the parties. Normal delivery time for art prints is from 7 - 14 working days. For hand-colored art prints, the delivery time is from 14 - 28 working days.

Delivery of the item from the seller to the buyer takes place as stated in the ordering solution in the online store. Items in stock will be shipped within a few days of the purchase being made. The item(s) will normally be delivered to the buyer within 1 week. 

If you want the item delivered quickly, ordered item(s) can be picked up in my studio by appointment, after purchase in the online store.

Shipping and delivery

Art prints without frames are delivered free of charge in the Nordic countries, for purchases over NOK 2,000.

Art print with frame; If the buyer wants the seller to frame the art print, the buyer pays shipping in addition to the price of the item.

If you choose to frame the pictures, the delivery time will be slightly longer, as the framing is specially adapted to each picture. The pictures are usually delivered within 7-14 working days from the time of payment. You will receive a pick-up notification by e-mail/text message from the shipping company. Delivery takes place when the item is taken over by the buyer. Delivery terms are stated in the order solution. 

If the item is not picked up within 14 days, the item will be returned to the seller. For uncollected items, a fee of NOK 300.- will be charged, regardless of whether the buyer wants the order resent. If the buyer wants the order resent, the buyer must pay shipping for the item.

Once the goods have been delivered to the customer, the customer is not exempted from paying the purchase price even if the goods are returned to the seller. The payment obligation only lapses upon cancellation, or if the conditions for the right of withdrawal under the Right of Withdrawal Act are met. 

Non-returnable items:
Commissioned works and works painted according to the customer's wishes are not returnable.

When returning the item(s)
Please contact Anne Margrethe Art before returning goods: post@annemargrethe.com
If the item is damaged or used, it cannot be returned.

In order to return the item(s), you must enclose a receipt or proof of purchase.Returns should, if possible, be made in the same original packaging you received the item in. Neatly and correctly packaged, exactly as you received the item. (please pay special attention to rolling the art print in the same direction as you received the art print) and sent immediately to: Anne Margrethe Art v/Anne Margrethe Bjerkebro. Anne Margrethe Art will issue a refund for eligible returns.

If you exercise your right of withdrawal, you are responsible for paying your own shipping costs for returning the goods. Shipping costs for returns are not refundable. If you receive a refund, the cost of return shipping will be deducted from the refund. The time it takes to receive a new item may vary depending on where you live. The package the buyer wants to send back to the seller must be sent with tracking or purchase of transport insurance.

7. The risk of the goods

The risk of the goods passes to the buyer when he/she, or the buyer's representative, has received the goods. If the delivery time has arrived and the buyer fails to take over a good that has been placed at his/her disposal under the agreement, the buyer still bears the risk of loss or damage due to the properties of the goods themselves. Important: When you receive an art print, remember that it should lie flat and dry if it is not to be framed immediately.

Examination of the goods upon receipt
When the buyer receives the goods, it is recommended that the buyer reasonably examines whether they are in accordance with the order, whether they have been damaged during transport or whether they are otherwise defective. If the goods do not correspond to the order or are defective, the buyer must notify the seller of a complaint as soon as possible, cf. clause 10 of the contract.


8. Right of withdrawal

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

The buyer may cancel the purchase of the goods in accordance with the provisions of the Right of Cancellation Act (7). The right of cancellation means that the buyer may return the goods to the seller without reason, even if there is no defect in them and even if they have not been delivered.

The buyer must bear the costs of returning the goods if the right of withdrawal is exercised. Notification of the right of withdrawal must be made in writing via (right of withdrawal form, email or letter). link to Cancellation form

Exceptions to the right of withdrawal: However, the right of withdrawal does not apply where the goods are manufactured according to the buyer's specifications, i.e. goods that are not prefabricated, and which are manufactured on the basis of the buyer's individual choices or decisions, cf. the Right of Withdrawal Act, Section 22

The buyer must notify the seller of the exercise of the right of withdrawal within 14 days after the goods, the statutory information about the right of withdrawal and the right of withdrawal form have been received. The period begins to run as soon as the goods have been received. The period includes all calendar days. If the period ends on a Saturday, public holiday or public holiday, the period is extended to the nearest working day.

The cancellation period is considered to have been met if notification is sent before the expiry of the period. The buyer has the burden of proof that the right of cancellation has been exercised, and the notification should therefore be in writing (cancellation form, email or letter), and it must contain information about how the buyer will return the goods to the seller. 

The withdrawal period begins to run:

• When purchasing individual items, the cancellation period will run from the day after the item(s) are 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 cancellation period will run from the day after the last delivery is received.

The withdrawal period is extended to 12 months after the expiry of the original period if the seller does not inform the buyer before the conclusion of the contract that there is a right of withdrawal and a standardized withdrawal form. The same applies in the event of a lack of information about the conditions, deadlines and procedure for exercising the right of withdrawal. If the trader ensures that the information is provided during these 12 months, the withdrawal period nevertheless expires 14 days after the day on which 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 date of notification of the exercise of the right of withdrawal. The buyer must cover the direct costs of returning the goods, unless otherwise agreed. The seller cannot charge a fee for the buyer's exercise of the right of withdrawal.

When returning the item, it must be returned to the seller in approximately the same condition and quantity as it was when the buyer received it. If testing or testing of the item goes beyond what is reasonable and necessary, the buyer may be liable for any reduction in value of the item. (When unpacking the art print - avoid putting fingerprints on the art print, as this will give the art print a significant reduction in value, for which the buyer is liable) In such a case, the buyer has damaged the item and will not receive compensation. The buyer should return the item to the seller in the original packaging if possible.

The seller is obliged to refund the purchase price to the buyer without undue delay, and no later than 14 days from the seller receiving the returned goods or receiving notification of the buyer's decision to exercise the right of withdrawal. The seller has the right to withhold payment until Anne Margrethe Art has received the goods from the buyer, or until the buyer has provided documentation that the goods have been returned.
Unless otherwise expressly agreed with the buyer, the refund shall be made using the same means of payment that the buyer used.

1. Delay and non-delivery - buyer's rights and deadline for filing a claim

In the event of delay, claims must be made against the seller within a reasonable time after the delivery time has arrived and the goods have not been delivered. If the seller does not deliver the goods or delivers them too 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, depending on the circumstances withhold the purchase price, demand fulfillment, raise the agreement and/or demand replacement from the seller.

When claiming default powers, the notification should be in writing (for example, email) for evidentiary reasons.

Fulfillment
If the seller does not deliver the goods at the time of delivery, the buyer may maintain the purchase and set a reasonable additional deadline for performance from the seller. However, the buyer may not demand performance if there is an obstacle that the seller cannot overcome, or if performance would entail such a great inconvenience or cost for the seller that it is significantly disproportionate to the buyer's interest in the seller's performance. Should the difficulties disappear within a reasonable time, the buyer may still demand performance.
The buyer loses his or her right to demand fulfillment if he or she waits an unreasonable amount of time to make the claim.

Raising
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 of time for performance. If the seller does not deliver the goods within the additional period, the buyer may cancel the purchase within a reasonable time after the buyer became aware of the delivery.However, the buyer cannot terminate the agreement while the additional deadline is running, unless the seller has said that the company will not fulfill within the deadline.  
However, the buyer may cancel the purchase immediately if the seller refuses to deliver the goods. The same applies if delivery at the agreed time was decisive for the conclusion of the agreement, or if the buyer has informed the seller that the time of delivery is decisive.

Replacement
The buyer may claim compensation for losses resulting from the delay on the seller's part. Cf. Consumer Purchase Act Section 24. However, 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 taken into account at the time of the agreement, avoided, or the consequences of which could not have been overcome.
The buyer must notify the seller of any complaints, cf. clauses 9 and 10 of the contract.

1. Defects in the product - the buyer's rights and complaint period

If there is a defect in the goods, the buyer must, within a reasonable time after it was discovered or should have been discovered, notify the seller that he or she will claim the defect. The buyer has always claimed in time if this occurs within 2 months from the defect being 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 complaint period is five years.

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 the Consumer Purchase Act, Chapter 6, depending on the circumstances withhold the purchase price, choose between correction and redelivery, demand price reduction, demand the agreement be terminated and/or demand compensation from the seller.

Complaints to the seller should be made in writing to Anne Margrethe Art's email: post@annemargrethe.com. Contact Anne Margrethe Art on mobile: 950 999 23 before sending the item.

Correction or resubmission
If the goods have a defect, the buyer can choose between demanding that the defect be rectified or replacing the goods with a similar one. The seller may, however, oppose the buyer's claim if the implementation of the claim is impossible or causes the seller unreasonable costs. The seller may not make more than two attempts to rectify or replace the same defect within a reasonable time, unless there are special reasons that make further attempts reasonable. The seller is not entitled to make more than two attempts to remedy the same defect.
Even if the buyer does not demand either correction or replacement, the seller may offer correction or replacement if this is done without delay. If the seller arranges for such correction and replacement, the buyer may not demand a price reduction or increase.

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

Raising
If the item is not repaired or replaced, the buyer may also cancel the purchase, except when the defect is insignificant.

Replacement
The buyer may claim compensation for losses suffered as a result of the delay.However, this does not apply if the seller proves that the delay is due to an obstacle beyond the seller's control, which could not reasonably have been taken into account during the contract period, avoided or overcome the consequences of. cf. Consumer Purchase Act Section 33.
The buyer must notify the seller of any claims in the event of a complaint in accordance with clauses 9 and 10 of this contract. The rules on complaints apply in addition to, and independently of, the rules on the right of withdrawal and any guarantees provided by the seller. 

1. 
   The seller's rights in the event of the 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 part, the seller may, in accordance with the rules of the Consumer Purchase Act, Chapter 9, depending on the circumstances hold the item returned, demand fulfillment of the agreement, demand the agreement raised as well as demand replacement from the buyer. The seller may also, depending on the circumstances, demand interest on late payment pursuant to the Act on Interest on Late Payment, collection fees and a reasonable fee for uncollected goods. If the buyer does not pay or fulfill the other obligations under the agreement, and this is not due to the seller or circumstances on the seller's side, the seller may, in accordance with the rules in the Consumer Purchase Act, Chapter 9, depending on the circumstances, withhold the goods, demand fulfillment of the agreement, demand termination of the agreement and compensation from the buyer. The seller may also, depending on the circumstances, demand interest for late payment pursuant to the Act on Interest for Late Payment.

Fulfillment
If the buyer does not pay, the seller can maintain the purchase and demand that the buyer pay the purchase price. If the item is not delivered, the seller loses his right if he waits an unreasonable amount of time to file a claim.

Raising
The seller may cancel the agreement if there is a material default on payment or other material breach by the buyer. However, the seller may not cancel the purchase if the full purchase price has been paid. If the seller sets a reasonable additional deadline for performance and the buyer does not pay within this deadline, the seller may cancel the purchase. However, the seller may not cancel the purchase while the additional deadline is running, unless the buyer has said that he or she will not pay.

Replacement
The seller may claim compensation from the buyer for financial loss he or she suffers as a result of a breach of agreement/contract on the part of the buyer. Cf. §46 of the Consumer Purchase Act.

Interest in case of late payment/collection fee
If the buyer does not pay the purchase price in accordance with the agreement, the seller may claim interest on the purchase price under the Late Payment Interest Act (8).  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 under the Debt Collection Act and other collection of overdue monetary claims (9).

Fee for uncollected, non-prepaid items
If the buyer fails to collect ordered unpaid goods, the seller may charge the buyer a fee of NOK 500,- + shipping. The fee shall not exceed the seller's actual expenses for delivering the goods to the buyer. Such a fee may not be charged to buyers under the age of 18.

 

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 imply any limitations on the buyer's right to make complaints and claims in the event of delay or defects under clauses 9 and 10.

Extraordinary circumstances
The seller is only liable for loss of the goods if there is proven fault or defect. However, this does not apply if the seller proves that the defect is due to circumstances beyond the seller's control, and which the seller could not reasonably be expected to avoid or overcome.

1. Personal information

The data controller for collected personal data is the seller. Unless the buyer consents otherwise, the seller may, in accordance with the Personal Data Act, only collect and store the personal data that is necessary for the seller to be able to carry out the obligations under the agreement. Personal data of buyers under the age of 15 cannot be collected unless the seller has the consent of their parents or guardians. The buyer's personal data will only be disclosed to others if it is necessary for the seller to carry out the agreement with the buyer, or in cases prescribed by law.

The seller may only obtain the buyer's social security number if there is a factual need for secure identification and such collection is necessary.
If the seller wants to use the buyer's personal data for other purposes, for example to send the buyer newsletters, invitations, advertising or information beyond what is necessary to carry out the agreement, the seller must obtain the buyer's consent when entering into the agreement. The seller must provide the buyer with information about what the personal data will be used for and who will use the personal data. The buyer's consent must be voluntary and given by an active action, for example by checking a box.
The buyer should be able to easily contact the seller, for example by telephone or email, if he or she has questions about the seller's use of personal data or if he or she wants the seller to delete or change the personal data.      

1. Conflict resolution

Complaints must be addressed to the seller within a reasonable time, cf. points 6, 8, 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is unsuccessful, the buyer may contact the Danish Consumer Authority for mediation. The Danish Consumer Authority is available at phone 23 400 600 or www.forbrukertilsynet.no.

If an amicable solution is not reached after mediation in the Consumer Council, the parties may request in writing that the Consumer Council refer the dispute to the Consumer Disputes Committee. The decision of the Consumer Disputes Committee is legally binding four weeks after notification.
Before the decision becomes legally binding, the parties may, by submitting a summons to the Consumer Disputes Committee, bring the decision before the district court. 

The European Commission's complaint portal can also be used if you wish to file a complaint. This is particularly relevant if you are a consumer residing in another EU country. The complaint is filed here: http://ec.europa.eu/odr.

Source list

1. See Act of 19 June 1969 No. 66 on Value Added Tax Section 16.
2. A credit card is a payment card where the payment for the purchase is made afterwards by the credit provider (credit card company) sending the cardholder an invoice with a demand for payment.
3. A debit card is a payment card linked to a deposit account. Using the card results in the user's account being debited and the amount being transferred to the payee's account.
4. model agreement prepared by the joint contract committee for the Savings Bank Association and the Financial Services Industry Association – Terms of Agreement for Credit Cards and Billing Cards – Consumer Affairs, section 12 and model terms prepared by the Savings Bank Association and the Financial Services Industry Association for Payment Cards, section 11.
5. Act of 21 June 1985 no.82 on credit purchases m.m.
6. Persons under the age of 18 can only pay in the aforementioned ways as they cannot incur debt, cf. Act of 22 April 1927 on Guardianship for Minors (vgml.) Section 2.
7. Act of 21 December 2000 No. 105 on the duty to provide information and the right to withdraw consent m.v. in the case of distance selling and sales outside a fixed point of sale (the Right of Withdrawal Act).
8. Act of 17 December 1976 No. 100 on interest on late payment.
9. Act of 13 May 1988 No. 26 on debt collection activities and other collection of overdue monetary claims.
10. Fees cannot be charged to persons under the age of 18 as they cannot incur debt, cf. vgml. § 2.
11. See Act of 14 April 2000 No. 31 on the Processing of Personal Data.