Sales conditions
1. The Agreement
The agreement consists of these terms and conditions of sale, information provided in the ordering solution and any special conditions agreed in writing between the parties. In the event of any conflict between the information, what is separately agreed between the parties will take precedence, unless it conflicts with non-derogable legislation. If any provision of this agreement is held to be invalid or unenforceable, the remainder of the agreement will remain valid and enforceable. The agreement will also be supplemented by relevant legal provisions that regulate purchases between traders, and between traders and consumers.
2. The parties
Seller is:
Bjørkheim Sauna AS
Address: Bjørkheim 7, 5652 ÅRLAND
Email: info@bjorkheimsauna.no
Organization number: 830015922
In this agreement referred to as "seller" or "the seller".
The buyer is the natural person, the consumer, or the legal entity, the company, who makes the order. In this agreement referred to as "buyer" or "the buyer".
3. Price
The stated price for the goods and services is stated in Norwegian kroner (NOK) and represents the total price the buyer must pay, including all taxes, fees and any other costs. If additional costs are incurred that are not specified at the time of order, these must be clarified in writing between the parties before they are charged to the buyer.
At checkout, the buyer may be presented with the option to purchase additional products that may enhance the primary service or product. These additional products are not required for the primary service, but may offer additional functionality or benefits. The buyer is under no obligation to purchase these additional products.
4. Agreement and Payment
The agreement is considered concluded and is binding for both parties from the time the order is received by the seller.
Exception: The agreement will not be binding if there has been a writing or typing error in the offer from the Seller in the online ordering solution, or in the buyer's order, and the other party realized or should have realized that there was such an error.
The seller can demand payment immediately after the order has been sent from the buyer. If the buyer chooses to pay by credit card or debit card, the seller has the right to reserve the purchase price on the card when ordering. The card is charged at the time of order. If payment via invoice is selected, the invoice will be sent to the buyer upon confirmation of the order. The payment deadline will be clearly stated on the invoice and is a minimum of 14 days from the time of order.
5. Age limit for ordering
Ordering goods and services from the Seller's services can only be done by persons aged 16 or older. Persons under the age of 16 can only participate in or use ordered services if they are accompanied by a person who is 18 years of age or older.
If it is discovered that an order has been made by a person under the age of 16 unaccompanied by an adult aged 18 or older, the seller reserves the right to cancel the order. Furthermore, the seller can take the necessary steps to inform a guardian or guardian about the order. Violation of this age limit, or participation without the necessary accompaniment, may result in the user's access to the service being suspended or terminated.
6. Goods, rental and services
6.1 Goods:
In addition to the services linked to the sauna, the seller also offers various goods. These items are available for purchase either via this website or directly at the sauna.
6.2 Self-service Sauna:
The seller offers the option of one-off access to the sauna at predetermined times. These times can be booked through the seller's online booking calendar. Each self-service period lasts between 2 and 2.5 hours - and the time needed to light the fire is included in the total.
Upon completion of the purchase, the buyer will receive a key code. This code gives access to a key box at the sauna's entrance, valid only for the duration of the booked session. The buyer will receive the code immediately after purchase, and it is the buyer's responsibility to ensure that the code is received after ordering. If the code is not received as expected, the buyer must inform the seller immediately. Note: The seller is not obliged to offer a code after the booked session has started.
The self-service experience does not include pre-heating the sauna or cleaning after use. It is expected that customers, in line with our rules of use, leave the sauna in the same condition as on arrival. This includes cleaning sauna benches with the supplied spray bottle and sweeping any excess water on the floor.
6.1 Subscription and Clip card terms
6.1.1 Subscription model:
Scope of the Service: The customer establishes a subscription relationship that gives the right to access a predetermined number of sessions each month. These sessions can be booked by the subscription holder in accordance with the availability of the service. No additional costs incurs for these sessions in addition to the fixed monthly subscription fee.
Scope of use: The set number of sessions per month included in the subscription is not exclusive to the person entering into the subscription agreement. The subscription holder can book sessions for other people, including several participants in the same booking. For each additional person participating in a booking, this will deduct from the total available number of sessions for the current month. This means that the number of available sessions is reduced corresponding to the number of additional participants booked per session.
Specification of Sessions: The exact number and nature of the sessions available under the subscription will be specified in the individual membership agreement. This may vary depending on the chosen subscription level. The individual membership agreement must provide a detailed overview of the sessions' scope, nature and any restrictions or special conditions that apply to the use of the sessions.
6.1.2 Clip card conditions:
Nature of the cutting card: The cutting card represents a pre-paid service that entitles the customer to use a defined number of sessions within a set time frame of two years from the date of purchase.
Terms of use for Klippekort: Each 'clip' represents the right to book one session. The validity and quantity of the clips will be explicitly stated in the purchase confirmation.
6.1.3 Procedures for Changing Terms:
Information obligation in case of change: The seller undertakes to notify the customer of any changes to the terms of the subscription or the clip card with a minimum of 30 days' notice. This includes changes in price, available sessions or other significant aspects of the Service.
Effect of Changes: Any change will take effect from and including the date specified in the notice, unless otherwise agreed. For customers with existing clip cards, the changes will not have retroactive effect.
6.1.4 Procedures for Termination of Subscription:
Guidelines for Termination: The subscription can be terminated by the customer at any time by logging into the customer's profile (up in the corner of the task bar) and selecting "My subscriptions". The termination shall be considered received and valid from the time it is registered in the seller's system.
Refund conditions: Refunds for any unused sessions or parts of the current subscription period are not offered upon termination.
7. Delivery
Physical Products:
In the case of the sale of physical products, delivery is considered complete when the buyer, or a person representing the buyer, has received and taken over the product.
Delivery time:
If a specific delivery time is not specified when ordering, the seller undertakes to deliver the goods to the buyer without undue delay. Delivery must under all circumstances take place within 30 days from the order date. Unless otherwise agreed, the goods must be delivered directly to the buyer's stated address.
Any deviations from the above, including special delivery agreements or delays, must be clearly communicated to the buyer.
8. The risk for the goods and liability when using the sauna
The item:
The risk for the goods, including the risk of loss or damage, passes to the buyer when he or a person representing him has received and taken over the goods, in accordance with the provisions of clause 7. From this point on, it is the buyer's responsibility to ensure the safety of the goods and integrity.
Sauna services:
The buyer has full responsibility for their own safety during all use of the seller's sauna. This includes, but is not limited to, bathing from and around the sauna raft, staying in the sauna, moving to and from the sauna raft, and using the sauna stove.
The buyer is also personally responsible for damage to the sauna and associated equipment caused by himself or those he/she has ordered for.
Furthermore, it is the buyer's responsibility to comply with the quantity limitation agreed upon when ordering. If this limitation is exceeded, the seller can demand compensation.
9. Right of withdrawal and cancellation
Service - Sauna:
When you book the rental of the sauna, there is no right of withdrawal. The order is binding, and cancellation does not give the right to a refund unless otherwise specifically agreed between the buyer and the seller (see cancellation conditions for purchases).
If conditions on the seller's side, such as extreme weather conditions or other safety concerns, make it necessary to cancel the order, the buyer is entitled to a full refund of the order sum. However, the buyer is not entitled to further compensation or compensation for any consequential costs due to the cancellation. The seller cannot cancel to rent to another customer.
Goods:
For the sale of goods to consumers, the following rules on the right of withdrawal apply:
- The buyer has the right to cancel the purchase within 14 days of receiving the item.
- If the seller has not been informed about the right of withdrawal and the withdrawal form before the agreement is entered into, the right of withdrawal is extended to 12 months. This can be reduced to 14 days if the seller provides the necessary information during these 12 months.
- When using the right of withdrawal, the item must be returned to the seller within 14 days after the buyer has been informed of this. The buyer covers return costs unless otherwise agreed.
- The buyer can test the item in a proper way. If the testing goes beyond this, the buyer may be liable for any reduced value.
- The seller must refund the purchase price within 14 days of receiving information about the use of the right of withdrawal. Refunds can be withheld until the item has been received, or the buyer has documented the return shipment.
10. Defects in the goods - the buyer's rights and deadline for complaints
Complaint:
If a defect is discovered in the goods, the buyer must notify the seller of this within a reasonable time after the defect was discovered or should have been discovered. It is the buyer's responsibility to claim the defect by informing the seller of this in writing.
Price reduction:
In cases where the defect is not rectified or the goods are re-delivered, the buyer has the right to demand an appropriate price reduction. The price reduction must reflect the relationship between the item's reduced and agreed price, based on the item's value in defective condition compared to its value in contractual condition. In certain cases, depending on the importance of the defect to the buyer, the discount can be adjusted accordingly.
11. The seller's rights in the event of the buyer's default
General provisions:
If the buyer fails to pay or fulfill his obligations under the agreement, and this is not due to the seller, the seller can, in accordance with Chapter 9 of the Consumer Purchase Act, take the following steps:
- Keep the item back.
- Demand fulfillment of the agreement.
- Demand the agreement lifted.
- Demand compensation from the buyer.
- Demand interest in the event of late payment and collection fees.
Sauna services:
The buyer accepts the seller's rules of use when purchasing sauna services. Serious breaches of these rules may lead to termination of the agreement, exclusion and/or claims for compensation. Serious violations include, but are not limited to, repeated violations after warning or single incidents considered serious.
Fulfillment:
The seller has the right to demand that the buyer pay the purchase price. If the goods have not been delivered, the seller loses this right if he waits an unreasonably long time to make the claim.
Elevation:
In the event of significant default on the part of the buyer, the seller can terminate the agreement. However, the seller cannot cancel the agreement if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for payment and the buyer does not comply with this, the seller can cancel the purchase.
Interest and collection fees:
In the event of late payment, the seller can claim interest in accordance with the Late Interest Act. The buyer may also be charged a fee in accordance with the Debt Collection Act in the event of non-payment after prior notice.
Unclaimed goods:
If the buyer fails to pick up goods that have not been prepaid, the seller may charge a fee to the buyer. This fee shall cover the seller's actual expenditure for delivery, but cannot be charged to buyers under the age of 18.
12. 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).
13. 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 is available on telephone 23 400 600 or www.forbrukertilsynet.no.