Terms of Sale
1. The Agreement
The agreement consists of these terms and conditions of sale, the information provided in the ordering solution, and any specifically agreed terms. In the event of any conflict between the information, the terms specifically agreed between the parties shall prevail, provided that they do not conflict with mandatory legislation.
The agreement will also be supplemented by relevant statutory provisions governing the purchase of goods between traders and consumers.
2. The Parties
Seller
- Iceyard
- Lerkeveien 20, 1476 Rasta
- Email: iceyard.business@gmail.com ,
- Organization number: 930842907
The buyer is the consumer who places the order, and is referred to hereafter as the buyer.
3. 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. The buyer shall not bear any additional costs that the seller has not informed the buyer about before the purchase.
4. Formation of the Agreement
The agreement is binding on both parties when the buyer has sent their order to the seller.
However, the agreement is not binding if there has been a clerical or typing error in the seller's offer in the online store's ordering solution or in the buyer's order, and the other party realized or should have realized that such an error had occurred.
5. Payment
The seller may demand payment for the goods from the time they are dispatched from the seller to the buyer.
If the buyer uses a credit card or debit card for payment, the seller may authorize the purchase amount on the card upon ordering. The card will be charged on the same day the goods are dispatched.
When paying by invoice, the invoice will be issued to the buyer upon dispatch of the goods. The payment deadline is stated on the invoice and is at least 14 days from receipt.
Buyers under the age of 18 may not pay by subsequent invoice.
6. Delivery
Delivery is considered to have taken place when the buyer or the buyer's representative has taken possession of the goods. The standard delivery time in Norway is 3–5 business days from order to receipt. For custom jewelry and special orders, the total delivery time is approximately 30 business days, including any production time. The specific time for custom items will be clarified before ordering. Delivery time outside Norway varies by country and carrier; contact us for an estimate. See shipping and delivery for prices and more information.
If the delivery time is not stated in the ordering solution, the seller shall deliver the goods to the buyer without undue delay and no later than 30 days after the customer's order. The goods shall be delivered to the buyer unless otherwise specifically agreed between the parties.
7. Risk of Loss
The risk of loss passes to the buyer when he or she, or the buyer's representative, has received the goods in accordance with point 6. If the delivery time has passed and the buyer fails to take possession of the goods that have been made available to him or her in accordance with the agreement, the buyer shall nevertheless bear the risk of loss or damage caused by characteristics of the goods themselves
8. Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer may withdraw from the purchase of the goods in accordance with the Right of Withdrawal Act.
The buyer must notify the seller of the exercise of the right of withdrawal within 14 days from the start of the period. All calendar days are included in the period. If the period ends on a Saturday, public holiday, or holiday, the period is extended to the next business day.
The withdrawal period is considered to have been met if the notification is sent before the period expires. The buyer bears the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be made in writing (withdrawal form, email, or letter).
The withdrawal period begins to run:
- For the purchase of individual goods, the withdrawal period runs from the day after the goods are received.
- For agreements for the regular delivery of identical goods, the withdrawal period runs from the day after the first shipment is received. For a Mystery Box with different jewelry in each delivery, a new withdrawal period of 14 days applies from the day after each box is received.
- If the purchase consists of multiple deliveries, the withdrawal period runs from the day after the last delivery is received.
The withdrawal period is extended to 12 months after the expiration of the original period if the seller does not inform before the agreement is entered into that the right of withdrawal and a standardized withdrawal form are available. The same applies if there is no information about the terms, time limits, and procedure for exercising the right of withdrawal. If the trader provides the information during these 12 months, the withdrawal period nevertheless expires 14 days after the day the buyer received the information.
When the right of withdrawal is exercised, the goods must be returned to the seller without undue delay and no later than 14 days after the notification of the exercise of the right of withdrawal is given. The buyer covers the direct costs of returning the goods, unless otherwise agreed or the seller has failed to inform that the buyer shall bear the return costs. The seller may not set a fee for the buyer's exercise of the right of withdrawal.
The buyer may try or test the goods in a reasonable manner to determine the nature, characteristics, and function of the goods, without losing the right of withdrawal. If the testing or trial of the goods exceeds what is reasonable and necessary, the buyer may be liable for any reduced value of the goods.
The seller is obliged to refund the purchase price to the buyer without undue delay, and no later than 14 days after the seller received notification of the buyer's decision to exercise the right of withdrawal. The seller has the right to withhold payment until he/she has received the goods from the buyer, or until the buyer has provided documentation that the goods have been sent back.
Statutory exceptions to the right of withdrawal apply only when the conditions for the specific exception are met. Sealed goods that are not suitable for return for health protection or hygiene reasons may be exempt when the relevant hygiene seal is broken after delivery. The exception does not automatically apply to all earrings or grillz. Purchased gift cards are not automatically exempt because they are delivered digitally. See returns and exchanges for the procedure and more detailed information.
The right of withdrawal does not apply to goods that have been produced according to the buyer's specifications or have received a distinct personal character, for example, an individually designed pendant or personal engraving. The buyer receives information about a relevant exception before ordering. The fact that a good contains moissanite or diamonds, or is specially ordered, is not by itself grounds for an exception. The right to complain about defects still applies.
9. Delay and Failure to Deliver - The Buyers' Rights and Deadline for Reporting Claims
If the seller does not deliver the goods or delivers them 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 fulfilment, rescind the agreement and/or demand compensation from the seller.
When making a claim for remedies for breach of contract, the notification should be in writing for evidentiary purposes (for example, email).
Fulfilment
The buyer may uphold the purchase and demand fulfilment from the seller. However, the buyer may not demand fulfilment if there is an obstacle that the seller cannot overcome, or if fulfilment would cause such a major inconvenience or cost for the seller that it would be grossly disproportionate to the buyer's interest in the seller fulfilling the agreement. If the difficulties cease within a reasonable time, the buyer may nevertheless demand fulfilment.
The buyer loses their right to demand fulfilment if he or she waits unreasonably long to present the claim.
Rescission
If the seller does not deliver the goods at the time of delivery, the buyer shall urge the seller to deliver within a reasonable additional deadline for fulfilment. If the seller does not deliver the goods within the additional deadline, the buyer may rescind the purchase.
However, the buyer may rescind the purchase immediately if the seller refuses to deliver the goods. The same applies if delivery at the agreed time was decisive for entering into the agreement, or if the buyer has informed 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 time of delivery that was decisive for entering into the agreement, the claim for rescission must be made within a reasonable time after the buyer learned of the delivery.
Compensation
The buyer may demand compensation for loss 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 that could not reasonably have been taken into account at the time of the agreement, avoided, or whose consequences could not have been overcome.
10. Defect in the Goods - The Buyer's Rights and Complaint Deadline
If there is a defect in the goods, the buyer must notify the seller within a reasonable time after it was discovered or should have been discovered that he or she will assert the defect. The buyer has always complained in time if it is done within 2 months from the time the defect was discovered or should have been discovered. A complaint may be made no later than two years after the buyer took possession of 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 Consumer Purchase Act, depending on the circumstances withhold the purchase price, choose between repair and replacement, demand a price reduction, demand that the agreement be rescinded and/or demand compensation from the seller.
A complaint to the seller should be made in writing.
Repair or Replacement
The buyer may demand repair or replacement in accordance with the rules of the Consumer Purchase Act. The seller may reject a claim when the conditions of the act for this are met. Remedying shall be done at no cost, within a reasonable time, and without significant inconvenience to the buyer. If the seller can make a new attempt at remedying after a defect reappears, it will be assessed according to the rules of the act and the circumstances of the case.
Price Reduction
The buyer may demand a reasonable price reduction if the goods are not repaired or replaced. This means that the relationship between the reduced and agreed price corresponds to the relationship between the value of the item in defective and contractual condition. If there are special reasons, the price reduction may instead be set equal to the significance of the defect for the buyer.
Rescission
If the goods are not repaired or replaced, the buyer may also rescind the purchase when the defect is not insignificant.
11. The Seller's Rights in Case of the Buyer's Breach of Contract
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 Chapter 9 of the Consumer Purchase Act, depending on the circumstances withhold the goods, demand fulfilment of the agreement, demand that the agreement be rescinded as well as demand compensation from the buyer. The seller may also, depending on the circumstances, demand interest for late payment, collection fees and a reasonable fee for uncollected goods.
Fulfilment
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 their right if he or she waits unreasonably long to present the claim.
Rescission
The seller may rescind the agreement if there is a significant payment breach or other significant breach on the buyer's side. However, the seller may not rescind if the entire purchase price has been paid. If the seller sets a reasonable additional deadline for fulfilment and the buyer does not pay within this deadline, the seller may rescind the purchase.
Interest for Late Payment/Collection Fees
If the buyer does not pay the purchase price in accordance with the agreement, the seller may demand interest on the purchase price according to the Late Payment Interest Act. In case of non-payment, the claim may, after prior notice, be sent to collection. The buyer may then be held liable for fees according to the Collection Act.
Fee for Uncollected Non-Prepaid Goods
If the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee shall cover at most the seller's actual expenses for delivering the goods to the buyer. Such a fee may not be charged to buyers under 18 years.
12. Right of Withdrawal
When the buyer receives the goods, it is recommended that he or she examines to a reasonable extent whether they are in accordance with the order, whether they were damaged during transport, or whether they otherwise have defects.
If the goods do not correspond to the order or have defects, the buyer must notify the seller by making a complaint cf. the contract's 10.
When purchasing jewelry with several small diamonds:
A diamond piece may consist of a large diamond or several small ones. For small diamonds of size 0.0005ct (1mm) - 0.05ct (2.4mm), there may be a deviation of 5-10% in quality up or down. The quality will not deviate by more than max 1 grade.
13. Guarantee
A guarantee given by the seller or the manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A guarantee therefore implies no limitations on the buyer's right to complain and demand compensation for delay or defects according to points 9 and 10.
14. Personal Data
The controller for the collected personal data is the seller. Unless the buyer consents to something else, 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 fulfill the obligations under the agreement. 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.
15. Dispute Resolution
Complaints should be directed to the seller within a reasonable time, cf. points 9 and 10. The parties shall attempt to resolve any disputes amicably. If this is not successful, the buyer may contact the Consumer Authority for mediation. The Consumer Authority is available on phone 23 400 600 or www.forbrukertilsynet.no.
Consumers in other EU/EEA countries can also contact Forbruker Europa for guidance on cross-border consumer purchases.