Terms and Conditions
1. General
These terms and conditions apply to the sale of goods on Jamas.no to consumers and businesses.The seller is: Jamas AS, Org no 994 469 622, and is hereinafter referred to as we, us or our.
The buyer is: The person or company named as the buyer in the order, and is hereinafter referred to as you, your or yours.
Jamas.no: The online store associated with the domain name www.jamas.no.
On Jamas.no you can buy goods directly from Jamas AS. To make a purchase on Jamas.no, you must accept and fully comply with the terms of this agreement.
The relevant terms and conditions of sale, together with your order and order confirmation, will constitute the complete contractual basis for the purchase.
Consumer purchases are regulated by, among other things, the Consumer Purchase Act, the Right of Withdrawal Act, the Marketing Act, the Personal Data Act, the e-commerce Act, and the Credit Purchase Act.
2. Ordering
Your order is binding once it has been registered with us. Consumers, however, have the right to withdraw from the purchase in accordance with the Right of Withdrawal Act, see section 6 of the agreement for details.
3. Prices
All prices are in NOK and include VAT. The total cost of the purchase will be shown before completing an order and will include all expenses associated with the purchase such as postage, shipping, packaging, etc.
When purchasing goods from Jamas AS for deliveries abroad where no VAT is to be paid, the prices will be exclusive of VAT.
Prices are constantly changing and we reserve the right to change prices until the completion of each purchase, due to changed prices from our suppliers.
4. Payment
The purchase sum can, at your own choice at checkout, be settled by bank or credit card, or by invoice. Furthermore, the payment process will be handled by Bambora. The card will be charged within 1 week after the transaction is completed.
In case of non-payment, the claim will, after prior notice, be sent for collection.
5. Delivery
If there have been writing or printing errors of significant size on the part of Jamas AS, in the online store, that are greater than 15% of the normal retail price, Jamas AS may unilaterally delete or reject orders. Such errors must, however, be corrected within a reasonable time after the error is discovered.
If the delivery of the goods is delayed, Jamas AS will inform you as soon as we are aware of it, along with information about when delivery can take place, or if the item(s) are out of stock.
Delivery of the goods takes place in the manner, at the location, and at or within the time agreed upon (see points 1 and 2 above). Jamas AS is responsible for the products until they are taken over by you, meaning when you have taken possession of the products.
Any price changes that occur after the time of order will not have retroactive effect. Unless otherwise specifically agreed in writing, the risk for the delivered goods transfers to the buyer when the item is handed over to the carrier. This is considered delivery.
We use Posten/Bring for the delivery of goods. Delivery time is 1 packing day (working day) + Posten's delivery time 1-4 days.
6. Right of Withdrawal
The Right of Withdrawal Act gives consumers the right to cancel a purchase. The right of withdrawal requires you to notify the seller no later than 14 days after you receive the delivery (withdrawal period).
If you have not received a withdrawal form either in the shipping confirmation or upon delivery of the products, the withdrawal period expires 12 months after the end of the original withdrawal period. If you receive a withdrawal form within these 12 months, the withdrawal period expires 14 days after the day you received the withdrawal form.
For the right of withdrawal to be valid, the product must be returned to the seller in approximately the same quantity and condition as you received it. If you use or examine the item(s) in a way that goes beyond what is necessary to determine the item's nature, characteristics, and function, and this leads to a reduction in the item's value, the seller may deduct an amount corresponding to the reduction in value from the purchase price to be refunded.
All products must be returned to the seller within a reasonable time when exercising the right of withdrawal. You bear the risk and cost of transporting the item back to the seller.
The seller is obliged to refund you what you have paid, excluding postage for the shipment, handling fee, customs duties, cash on delivery fee, etc. This only applies when the entire purchase is returned. If you have expressly chosen a special shipping method beyond what is necessary to transport the item, this must be paid by you.
Refunds shall take place within 14 days after the seller has received the withdrawal notification, but no earlier than 2 days after the seller has received the return from you, or documentation from you that you have sent the return back to the seller.
Goods are to be returned to the seller in their original packaging, along with a completed withdrawal form. The return must be made to the seller in accordance with the seller's terms.
The subsequent payment will be made to the customer through the payment method the customer used when ordering, unless otherwise agreed or there are obstacles to refunding by the payment method used.
Further details on how to exercise your right of withdrawal are provided on the withdrawal form.
Jamas AS reminds you that the Right of Withdrawal Act only applies to consumers, and not to business sales. Right of Withdrawal Form
7. Delay
If the seller does not deliver the goods, or delivers them too late according to the agreement, and this is not due to you or circumstances on the buyer's side, the consumer may, in accordance with the rules in chapter 5 of the Consumer Purchase Act, depending on the circumstances, withhold the purchase price, demand fulfillment, cancel the agreement or claim compensation from the seller. In case of delay, a claim must be made to the seller within a reasonable time.
8. Complaint
After you have received the goods, you should, as soon as you have the opportunity, check whether the delivery is in accordance with the shipping confirmation. Check whether the goods have been damaged during transport, or whether the goods otherwise have faults or defects.
If a fault or defect is discovered, you must notify the seller of your intention to invoke the defect (complaint) within a reasonable time after you discovered, or should have discovered, it. However, the deadline for complaining is not shorter than two months from the time you discovered the defect. In any case, a complaint must be made no later than two years after you took possession of the item. If the item or part of it is intended to last significantly longer with normal use, the latest deadline for complaining is five years. If you do not complain in time, the right to invoke the defect is lost.
Notification of errors and defects in the goods can be given to the seller verbally or in writing. For evidentiary reasons, we recommend that the complaint be sent to the seller in writing, preferably by email, with a picture of the goods received.
9. Retention of Title
Jamas AS has, unless otherwise agreed, a retention of title in the delivered goods as security for the purchase price, including interest and costs, until these are paid in full, cf. section 3-14 of the Mortgage Act.
10. Buyer's Obligations
The person registered as a customer on Jamas.no is responsible for the payment of the goods and services that Jamas AS delivers in accordance with these terms. This responsibility also includes the use of the customer's access by others, including unauthorized use, unless it can be proven that the unauthorized use was enabled through negligence on the part of Jamas AS. As a customer, you are also responsible for ensuring that the information provided on your account is correct.
11. Extraordinary Circumstances
The seller is only responsible for loss of value of the goods if faults or defects have been proven. The seller is not responsible for indirect losses resulting from defects unless the loss is caused by gross negligence or intent on the part of the Seller. In consumer purchases, the terms cannot be worse than the terms in the law, cf. the Consumer Purchase Act of 2002-06-21 no. 34.
12. Changes to the Terms
We reserve the right to change these terms, including as a result of changes in legislation.
13. Force Majeure
If we are prevented from delivering or making a mandatory re-delivery, or if such a delivery obligation becomes unreasonably burdensome due to labor dispute or any other circumstance beyond the parties' control, such as fire, war, mobilization or unforeseen military conscriptions of similar scope, requisition, seizure, currency restrictions, riots and civil unrest, scarcity of means of transport, general scarcity of goods, restrictions in the supply of fuel, as well as defects in or delays of deliveries from subcontractors or manufacturers as a result of such circumstances as are covered in this point, the Sellers are exempt from all other liability than in cases of complaint and crediting the purchase price corresponding to the defective goods.
14. Disputes and Choice of Law
Disputes regarding these terms and related provisions, as well as disputes otherwise concerning trade on Jamas.no, shall be governed by Norwegian law and fall under the ordinary dispute resolution bodies and courts, with Nedre Telemark District Court as the legal venue for any proceedings before the district court.
Last updated: 03.03.2023