Sales Terms

1. The agreement

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

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

2. The parties

The seller is Min Mentor AS, post@minmentor.no, org. no. 927 683 172, Postboks 225, 5804 Bergen, visiting address Lars Hilles gate 30, Bergen, Norway, and is referred to below as the seller.

The buyer is the consumer who places the order, and is referred to below 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. The buyer shall not bear any further costs that the seller has not informed about before the purchase.

4. Conclusion of the agreement

The agreement is binding on 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 ordering solution in the online store or in the buyer’s order, and the other party realised or should have realised that such an error existed.

5. Payment

The seller may demand payment for the goods from the time they are sent from the seller to the buyer.

The goods here are credits and time that the buyer purchases via Vipps in the application.

6. Delivery

Delivery has taken place when the buyer, or their representative, has been credited with the hours purchased and their time bank in the app has been topped up.

7. Risk for the goods

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

8. Right of withdrawal

Once the buyer has used time and started video tutoring purchased via Vipps in the app, the right of withdrawal lapses.

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

If the seller does not deliver the goods or delivers them late according to 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 Norwegian Consumer Purchases Act (forbrukerkjøpsloven), depending on the circumstances, withhold the purchase price, demand performance, cancel the agreement and/or claim compensation from the seller.

For evidentiary reasons, any claim for remedies for breach of contract should be made in writing (for example by email).

Performance

The buyer may uphold the purchase and demand performance from the seller. The buyer may not, however, 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 is significantly disproportionate to the buyer’s interest in the seller performing. Should the difficulties cease within a reasonable time, the buyer may nevertheless demand performance.

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

Cancellation

If the seller does not deliver the goods at the time of delivery, the buyer shall request the seller to deliver within a reasonable additional deadline for performance. If the seller does not deliver the goods within the 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 notified 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 delivery time that was decisive for concluding the agreement, a claim for cancellation must be made within a reasonable time after the buyer learned of the delivery.

Compensation

The buyer may claim compensation for loss suffered as a result of the delay. This does not apply, however, if the seller demonstrates that the delay is due to an obstacle beyond the seller’s control which could not reasonably have been taken into account at the time of the agreement, avoided, or whose consequences could not have been overcome.

10. Defects in the goods – the buyer’s rights and complaint deadline

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 they wish to invoke the defect. The buyer has always complained in time if this is done within 2 months from when the defect was discovered or should have been discovered. Complaints may 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 deadline 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 Chapter 6 of the Norwegian Consumer Purchases Act, depending on the circumstances, withhold the purchase price, choose between repair and redelivery, demand a price reduction, demand that the agreement be cancelled and/or claim compensation from the seller.

Complaints to the seller should be made in writing.

Repair or redelivery

The buyer may choose between demanding that the defect be repaired or delivery of equivalent goods. The seller may nevertheless object to the buyer’s claim if carrying it out is impossible or would cause the seller unreasonable costs. Repair or redelivery shall be carried out 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 demand an appropriate price reduction if the goods are not repaired or redelivered. This means that the ratio between the reduced and agreed price corresponds to the ratio between the value of the goods in defective and contractual condition. If special reasons so warrant, the price reduction may instead be set equal to the significance of the defect to the buyer.

Cancellation

If the goods are not repaired or redelivered, the buyer may also cancel the purchase when 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 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 Norwegian Consumer Purchases Act, depending on the circumstances, withhold the goods, demand performance of the agreement, demand that the agreement be cancelled and claim compensation from the buyer. Depending on the circumstances, the seller may also claim interest on late payment, debt collection fees and a reasonable fee for uncollected goods.

Performance

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 before making the claim.

Cancellation

The seller may cancel the agreement in the event of a material payment default or other material breach by the buyer. The seller may not, however, cancel if the entire 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.

Interest on late payment / debt collection fees

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 Norwegian Act relating to Interest on Overdue Payments. In the event of non-payment, the claim may, after prior notice, be sent for debt collection. The buyer may then be held liable for fees under the Norwegian Debt Collection Act.

Fee for uncollected goods not paid in advance

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 outlay for delivering the goods to the buyer. Such a fee may not be charged to buyers under 18 years of age.

12. Warranty

A warranty given by the seller or the manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A warranty therefore implies no limitation of the buyer’s right to complain and make claims for delay or defects under sections 9 and 10.

13. Personal data

The seller is the data controller for personal data collected. Unless the buyer consents otherwise, the seller may, in accordance 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 it is necessary for the seller to perform the agreement with the buyer, or in cases required by law.

14. Dispute resolution

Complaints are to be directed to the seller within a reasonable time, cf. sections 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is unsuccessful, the buyer may contact the Norwegian Consumer Council (Forbrukerrådet) for mediation. The Consumer Council can be reached by phone at +47 23 40 05 00 or at www.forbrukerradet.no.