1. The Agreement
The agreement consists of these terms and conditions of sale, information provided in the ordering solution and any separately agreed terms. In the event of any conflict between the information, what is separately agreed between the parties takes precedence, as long as it does not conflict with mandatory legislation.
The agreement will also be supplemented by relevant legal provisions that regulate purchases between traders, and between traders and consumers.
2. The parties
The seller is Bjørkheim Sauna AS, Bjørkheim 7, 5652 Årland, firstname.lastname@example.org, 97969761, org.nr. 830 015 922VAT, and is referred to in the following as the seller/seller.
The buyer is the consumer or business that makes the order, and is referred to in the following as the buyer/buyer.
The stated price for the goods and services is the total price the buyer must pay. If additional costs are incurred, this must be clarified between the parties.
4. Conclusion of agreement
The agreement is binding for both parties once the order has reached the seller.
The agreement is nevertheless not binding if there has been a typing or typing error in the offer from the seller 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.
5. The payment
The seller can demand payment from the time the order is sent from the seller to the buyer.
If the buyer uses a credit or debit card for payment, the seller can reserve the purchase price on the card when ordering. The card will be charged on the order date.
When paying by invoice, the invoice is issued to the buyer on receipt of the order. The payment deadline appears on the invoice and is a minimum of 14 days from the time of order.
Orders can only be made by persons over the age of 18.
6. Goods, rental and services
In addition to renting the sauna, the seller offers a number of goods, which are either sold via this website or directly in the sauna.
The season or half-season card gives a right of use to a floating sauna anchored at the Teigavika bathing area and outdoor area. The product is guaranteed not to fit in the sauna at all times.
The seller offers seasonal access to the sauna, from 1 January or 1 April to 30 June, and from 1 August or 15 October to 31 December for the spring and autumn seasons respectively._cc781905-5cde-3194-bb3b- 136bad5cf58d_
The season ticket gives free access during the opening hours for season tickets, on weekdays between 06:00 and 20:00. The buyer receives a separate and person-specific key code, which cannot be used by anyone other than the buyer.
According to the rules of use, a breach of this may result in exclusion and/or claims for compensation. The season ticket product, or half-season ticket, does not include services such as a heated sauna or post- and pre-wash. The season ticket holder undertakes, in accordance with the rules of use, to ensure that the sauna is left in the same condition as it was found in - this involves spraying the sauna benches with our provided spray bottle and nailing the excess bag to the floor._cc781905-5cde-3194 -bb3b-136bad5cf58d_
The Seller offers one-time access to the sauna at certain predefined times, through the use of the Seller's booking calendar. Self-service hours range from 2 to 2.5 hours, and upon completion of purchase, the Buyer receives a key code that opens a key box located next to the door. This key code is only valid for the duration of the booked session (the code for the lock is sent out immediately after purchase; it is the Buyer's responsibility to ensure that they have received the code immediately after purchase and to inform the Seller if the code has not arrived well before the session has begun. The Seller is not obligated to provide a code once the session has started). The product does not include services such as heated sauna or pre- and post-cleaning. Self-service customers are required, according to usage rules, to ensure that the sauna is left in the same condition it was found – this includes spraying the sauna benches with our provided spray bottle and sweeping any excess water on the floor.
The seller offers private groups to rent the sauna all by themselves at set times. This gives the booker the right to invite other people with them - a total of 6 people for the first price class and a total of 12 people for the second price class. This product includes a pre-heated sauna, guidance, cleaning after the sauna, as well as the possibility to rent clean towels.
In cases where physical products are sold, delivery will have taken place when the buyer, or his representative, has taken over the thing.
If no delivery time is stated in the order solution, the seller must deliver the goods to the buyer without undue delay and no later than 30 days after the order from the customer. The goods must be delivered to the buyer, unless otherwise separately agreed between the parties.
When purchasing a Season Pass for the first time, the Buyer undertakes to sign up for one of the Seller's mandatory and free introductory courses - where the buyer will receive their personal key card.
The buyer cannot demand to be given a key card, nor is he entitled to use the sauna before the course has been completed. The buyer is himself responsible for ensuring that he can participate in one of the scheduled courses, and cannot claim a refund due to missing a course.
If the buyer does not have the opportunity to attend any of the set times for the introductory course, the buyer must inform the seller as soon as possible and no later than 24 hours before the last scheduled course date.
The Seller will try to find a suitable date and time to conduct a single course, but the Buyer gives no guarantees for such completion.
8. The risk for the product or risk when using the sauna
The risk for the goods passes to the buyer when he, or his representative, has had the goods delivered in accordance with point 6.
Season ticket, drop-in and private group booking
The buyer is responsible for his own safety when using Bjørkheim Sauna. This applies, among other things - but not limited to - bathing from and around the sauna raft, staying in the sauna, travel on and to the sauna raft and use of the sauna oven.
The buyer is personally responsible for damage to the sauna and associated equipment caused by the buyer himself or someone the buyer has ordered for.
The buyer is responsible for following the quantity limit agreed upon when ordering. If this is not observed, the seller can claim compensation.
9. Right of withdrawal and cancellation
There is no right of withdrawal when booking the rental of the sauna. The order is binding and any cancellation does not give the right to a refund unless a separate agreement is made between buyer and seller.
If circumstances on the seller's side make it necessary to cancel, the buyer has the right to have the order sum refunded in full. The buyer is not entitled to other compensation, i.e. compensation for any costs resulting from the cancellation.
The seller does not have the right to cancel in order to rent to another customer, cancellation can only be made with reasonable grounds, for example if weather conditions or other factors cause a safety hazard if the order is carried out.
For the sale of goods to consumers subject to rules on the right of withdrawal, the following applies:
The buyer must notify the seller of using the right of withdrawal within 14 days of the deadline starting to run. The deadline includes all calendar days. If the deadline ends on a Saturday, holiday or bank holiday, the deadline is extended to the nearest working day.
The withdrawal period is deemed to have been met if notification is sent before the end of the period. The buyer has the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be made in writing (right of withdrawal form, e-mail or letter).
The cancellation period starts to run:
When purchasing individual physical goods, the cancellation period will run from the day after the item(s) have been 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 several deliveries, the cancellation period will run 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 does not inform the seller before the conclusion of the agreement that there is a right of withdrawal and a standardized withdrawal form. The same applies in the event of a lack of information on terms, deadlines and procedures for using the right of withdrawal. If the trader makes sure to provide the information during these 12 months, the cancellation period still expires 14 days after the day the buyer received the information.
When using the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days from the notification of the use of the right of withdrawal being given. The buyer covers the direct costs of returning the item, unless otherwise agreed or the seller has failed to state that the buyer must cover the return costs. The seller cannot set a fee for the buyer's use of the right of withdrawal.
The buyer can try or test the goods in a proper way to determine the nature, properties and function of the goods, without the right of withdrawal being lost. If the examination or testing of the goods goes beyond what is reasonable and necessary, the buyer may be held liable for any reduced value of the goods.
The seller is obliged to repay the purchase price to the buyer without undue delay, and no later than 14 days from the seller receiving notification of the buyer's decision to exercise the right of withdrawal. The seller has the right to withhold payment until he has received the goods from the buyer, or until the buyer has submitted documentation that the goods have been sent back.
The purchase of a season ticket for the spring and autumn season (respectively 6 and 5 months per period) - which gives access to Bjørkheim Sauna during the core time, weekdays from 06:00 to 20:00 - is not subject to the right of withdrawal provisions. This also applies to other packages and campaigns that contain dated season and period tickets or dated events.
Drop-in and Private Group Booking
When ordering a Drop-in or Group booking, the buyer cannot, as a general rule, make use of the right of cancellation.
11. Defects in the goods - the buyer's rights and deadline for complaints
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 wants to claim the defect.
The buyer can demand an appropriate price reduction if the goods or services are not corrected or re-delivered. This means that the ratio between the reduced and agreed price corresponds to the ratio between the item's value in defective and contractual condition. If there are special reasons for this, the price discount can instead be set equal to the significance of the defect for the buyer.
12. 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 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 the agreement be canceled as well as claim compensation from the buyer. The seller will also be able, depending on the circumstances, to demand interest for late payment, debt collection fees and a reasonable fee for uncollected goods.
The buyer accepts, when purchasing Drop-in and Season tickets, the rules of use for Bjørkheim Sauna, and serious breaches of these may result in termination of the agreement, exclusion and/or claims for compensation. Serious violations can be characterized by - although not limited to - repeated violations of the rules of use after a warning or individual rule violations that can be considered serious from a discretionary point of view.
The seller can maintain the purchase and demand that the buyer pays the purchase price. If the goods have not been delivered, the seller loses his right if he waits an unreasonably long time to make the claim.
The seller can terminate the agreement if there is a significant payment default or other significant default on the part of the buyer. The seller cannot withdraw if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for fulfillment and the buyer does not pay within this deadline, the seller can cancel the purchase.
Interest in case of late payment/collection fee
If the buyer does not pay the purchase price in accordance with the agreement, the seller can claim interest on the purchase price in accordance with the Late Interest Act. In the event of non-payment, the Buyer may, after prior notice, be held liable for fees in accordance with the Debt Collection Act.
Fee for uncollected, non-prepaid goods
If the buyer fails to collect unpaid goods, the seller can 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 cannot be charged to buyers under 18 years.
14. Personal data
The controller for collected personal data is the seller. Unless the buyer agrees to something else, the seller, in line with the Personal Data Act, can only obtain and store the personal data that is necessary for the seller to be able to carry out the obligations under the agreement. The buyer's personal data will only be disclosed to others if it is necessary for the seller to complete the agreement with the buyer, or in statutory cases(see conditions for personal data).
15. Conflict resolution
Complaints must be addressed to the seller within a reasonable time, cf. points 9 and 10. The parties must try to resolve any disputes amicably. If this is not successful, the buyer can contact the Norwegian Consumer Protection Authority for mediation. Forbrukertilsynet er tilgjengelig på telefon 23 400 600 eller www .forbukertilsynet.no.